The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When concluding a labor contract with the victim, the Defendant agreed not to pay all statutory allowances, such as weekly leave allowances, instead of paying KRW 10,500 per day other than the amount of KRW 6,500 per day. According to the above agreement, the Defendant paid KRW 71,500 as daily pay to the victim (=6,500 won x 11 hours) and KRW 81,500 as a total of KRW 10,00,000 to the victim, so the Defendant is not obliged to pay weekly leave allowances to the victim.

B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.

2. Determination

A. As a matter of principle, an employer should determine the basic wages for workers when concluding a labor contract and pay them in addition to various allowances based on the determination of facts.

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, in order to recognize that the comprehensive wage agreement by implied agreement was established even though the collective agreement, rules of employment and labor contract did not clearly state the purport of the inclusive wage, it is due to the unique nature of the form of work.