All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendants did not set the basic wage between F and F; and (b) set monthly salary under the so-called comprehensive wage contract containing both overtime work allowances, etc.; (c) there is no obligation to pay overtime work allowances to F separately; and (d)

Even if the Defendants believe that there was no obligation to pay overtime work allowances under the understanding of the labor contract with F as an inclusive wage contract, and did not pay it, there was no intention of violation of the Labor Standards Act.

Nevertheless, the lower court erred by misapprehending the facts and thereby pronounced guilty against the Defendants.

2. Determination of whether an agreement on the comprehensive wage system was made by setting the aggregate of the allowances as monthly wage or daily wage, without calculating the basic wage in advance, as well as the monthly wage, ought to be specifically determined by comprehensively taking into account various circumstances, such as working hours, forms of employment and the nature of the work, units of wage calculation, organization agreement and the details of the rules of employment, and the actual condition of the same workplace (see Supreme Court Decision 2008Da57852, Dec. 10, 2009). In such cases, even though the intent of the collective agreement, the rules of employment and the rules of employment and the labor contract was not clearly stated, the comprehensive wage agreement was established by implied agreement even if the agreement was not made by implied agreement.

In order to be recognized, there was an agreement between the employer and the employee to choose not to pay any additional allowance or not to pay any specific allowance in addition to the amount of monthly wage or daily wage of the fixed amount, in light of various circumstances, such as working hours and the type or level of advanced wage, etc., in addition to where it is difficult to accurately calculate the actual working hours due to the unique characteristics of the type of work, or where a certain overtime holiday work is expected to be worked at night.

. is objectively recognized.