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The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal: (a) the Defendant paid E wages above the minimum wage amount; (b) overtime and night work allowances were also paid; and (c) there was no obligation to pay annual salary during the service period, and thus, (d) the Defendant should be acquitted as to this part of the facts charged; (b) the lower court determined that the Defendant did not pay the difference in the minimum wage amount, overtime and night work allowances, and annual salary to E; and (c) thus, the lower court convicted the Defendant
2. Determination
A. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor added "violation of the Guarantee of Workers' Retirement Benefits Act" to the name of the crime in this case in the trial court, added "Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act" to the applicable provisions of the Act, and the court approved it and changed the subject of the judgment, the judgment of the court below was no longer maintained in this regard.
However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.
B. (1) Determination as to the grounds for appeal (i) The nature and validity of a wage payment contract shall be based on the determination of the basic wage for the worker in a labor contract and, in principle, it shall be paid by adding all allowances, such as overtime hours, holidays, night work allowances, etc., to the worker. However, in the purport that the worker’s convenience in the calculation of the basic wage and inspiring employee’s desire for work by taking into account working hours, forms of work and the nature of work, etc., without the worker’s consent, the sum of all allowances for overtime work, etc. shall be determined as the monthly wage or daily wage, or a certain amount shall be paid as the