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The judgment below
This part of the claim for overtime pay during holiday work is reversed, and this part of the case is reversed.
Reasons
The grounds of appeal are examined.
1. As to the second instance judgment of the small amount case as to the ground of appeal No. 1 as to the same ground of appeal, an appeal may be filed only in cases where it is unfair to determine whether the order or disposition has violated the law, the rules of order or the rules of disposition, or the laws on the disposition, as prescribed by subparagraphs of Article 3 of the Trial of Small Claims Act (No. 1), and where the decision contrary to the Supreme Court's precedents (No. 2) is made. This part of the ground of appeal is nothing more than the purport of erroneous determination of facts in the judgment of the court below, and such ground of appeal does not fall under any legitimate ground of appeal
The ground of appeal on this part is without merit.
2. Regarding ground of appeal No. 2
A. As a matter of principle, one law of the Supreme Court en banc Decision 2011Da112391 Decided June 21, 2018 is a universal norm of society with the same binding force against many and unspecified persons, it shall be interpreted in an objective and reasonable manner by clarifying the standard meaning of the law, and it shall be ensured that legal stability is not undermined by maintaining consistency as much as possible.
On the other hand, since positive law is stipulated in consideration of universal and typical matters, it is also required to interpret and apply so that it can be the most reasonable solution to specific cases in various cases that occur in society reality.
In short, the purpose of legal interpretation should be to find concrete feasibility to the extent that it does not undermine legal stability.
Furthermore, in principle, it is systematic and logical to interpret the language and text used in the law faithfully to the ordinary meaning of the language and text as possible, which takes into account the legislative intent and purpose, history of the enactment and amendment, harmony with the entire legal order, and relationship with other statutes.