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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not prepare a written labor contract while entering into a labor contract with D, and that the Defendant did not pay KRW 1,190,000 for weekly paid holiday allowances of KRW 3,637,810 as the total amount of unpaid wages stated in the facts charged. However, at the time of entering into a labor contract with D, 10,00 won including night work allowances of KRW 6,030,00, which is the minimum hourly wage of KRW 6,030 as at the time of entering into the labor contract with D, and accordingly, paid KRW 70,000 for daily paid night work allowances of KRW 70,00 (hour 10,00 x 7 hours per day) accordingly, there is no obligation to pay the unpaid wages of KRW 2,47,810.
Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of this part of the facts charged.
2. In principle, when concluding a labor contract, an employer determines basic wages for workers and pays them in addition to the allowances.
However, in cases where a wage payment contract under the so-called comprehensive wage system with the contents that the sum of the allowances is determined as monthly wage or daily wage without calculating the basic wage in advance, without taking into account the working hours, the form of employment, the nature of work, etc., and inspiring employees’ desire to work, is concluded, it shall not be deemed null and void if it is deemed that there is no disadvantage to the workers and that it is justifiable in light of all the circumstances.
[See, Supreme Court Decisions 2003Da66523, Aug. 19, 2005; 2004Da66995, 6704, Apr. 28, 2006; 2004Da66995, 6704, Apr. 28, 2006; etc.] Whether an agreement on the comprehensive wage system was established ought to be determined by comprehensively taking into account various circumstances, such as working hours, form and nature of work, unit of wage calculation, collective agreement and details of employment rules, and actual conditions of the same workplace
At this time, the purport of the collective agreement, employment rules and employment contract is the inclusive wage.