The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. D operated by the Defendant by mistake of facts or misapprehension of legal principles is a restaurant operated for 24 hours, and E is a worker working only at night. Due to the above characteristics, the Defendant and E concluded a wage payment contract based on the so-called comprehensive wage system that the sum of various allowances, such as night allowances, was determined as a monthly wage, and this is effective as it is not disadvantageous to E, and the rest time of E is not for 2 hours but for 3 hours.

In addition, the defendant made an interim settlement of E's retirement benefits, and the three-year extinctive prescription has expired for the part of wages and retirement allowances in 2008 and 2009, and the defendant has no intention to pay wages and retirement allowances.

Therefore, the defendant is not guilty.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the bill of indictment to the annexed list of crimes attached to the indictment among the facts charged at the trial of the party. Since this court permitted this, the judgment of the court below can no longer be maintained.

Even if there is a ground for ex officio reversal, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on misconception of facts or misapprehension of legal principles

A. As to the assertion on the assertion on the inclusive wage system and recess hours, it is a principle that the employer determines the basic wage for the worker and pays the aggregate by adding various allowances based on the determination of the basic wage to the worker.

(See Supreme Court Decision 96Da24699 delivered on March 24, 1998). However, the amount calculated by adding various allowances without calculating the basic wage in advance is either a monthly wage or a monthly wage.