The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that C Co., Ltd. (hereinafter “instant company”) operated by the Defendant had implemented the comprehensive wage system as set out in the rules of employment, etc. from April 2000. However, even if all benefits were paid to D based on such comprehensive wage system, the lower court convicted the Defendant of the facts charged in the instant case that the Defendant did not pay D overtime allowances, etc.

2. Whether an agreement on the comprehensive wage system has been established is determined by comprehensively and comprehensively taking into account various circumstances, such as working hours, forms and nature of work, unit for wage calculation, details of collective agreement and employment rules, and actual conditions of the same workplace as the same type of work. Although it is naturally anticipated that overtime, night, and holiday work are to be performed in an individual case, cases where a collective agreement, employment rules, or wage regulations stipulate that overtime, night, and holiday work allowances, etc. shall be paid separately from basic pay as detailed items, do not constitute the comprehensive wage system, and there is an agreement in a collective agreement, etc. on extension of working hours exceeding certain working hours.

Inasmuch as there is an agreement on the comprehensive wage system as above on the grounds that the rate of increase in wages was set based on the amount including allowances for basic pay, it cannot be readily concluded.

(See Supreme Court Decision 208Da57852 Decided December 10, 2009, and Supreme Court Decision 2010Da91046 Decided March 29, 2012). In light of the foregoing legal doctrine, the health class is as follows: (a) the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court; (b) the amount paid by each of the detailed items, such as the principal salary, work allowance, night allowance, duty allowance, full attendance allowance, vehicle allowance, etc., from November 2007 to August 201, 201; and (c) the rules of employment of the instant company.