The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. Where it is deemed difficult to calculate working hours in light of working hours, form of labor and nature of business, such as surveillance and surveillance, even if a wage payment contract is concluded based on the so-called comprehensive wage system with the content that, without calculating the basic wages in advance between an employer and an employee, the amount included in statutory allowances is determined as monthly wage or daily wage, or the basic wages are calculated in advance without distinguishing legal allowances, and a certain amount is determined as statutory allowances and paid regardless of the number of working hours, such agreement is valid if it is deemed that there is no disadvantage to an employee and that it is justifiable in light of various

If it is not difficult to calculate working hours, the principle of wage payment pursuant to the Labor Standards Act shall apply unless there are special circumstances to deem that the provision on working hours under the Labor Standards Act cannot be applied as it is. In such a case, when concluding a wage payment contract based on the aforementioned inclusive wage system, whether it violates the regulation on working hours under the Labor Standards Act, and if the statutory allowances included in the inclusive wage fall short of the statutory allowances calculated in accordance with the standard prescribed under the Labor Standards Act, the wage payment contract based on the inclusive wage system shall be deemed null and void against the worker. The employer is obligated to pay the worker under the principle of compulsory performance and supplement of the Labor Standards Act.

(See Supreme Court Decision 2008Da6052 Decided May 13, 2010). 2. According to the evidence duly admitted by the first instance court, E, when entering into a labor contract with the Defendant, set working hours from 9 a.m. to 10 p.m. (one-time holiday per week).