The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, a representative director of the mistake of facts, is running 24 hours on a regular basis due to the characteristics of the fishery product processing and distribution company, and the amount of work is not fixed according to seasonal or essential days, so the worker’s commuting hours and working hours are set autonomously and flexibly.

Recess hours are used autonomously by workers.

Since the work hours of workers could not be clearly calculated due to these circumstances, the Defendant Company concluded a labor contract under the comprehensive wage system with the content that a certain amount of money is paid every month, including statutory allowances, regardless of the work hours, between the employees and the employees. The instant workers agreed to such working conditions and the comprehensive wage system and concluded a labor contract with the Defendant Company.

Furthermore, such a comprehensive wage system is not disadvantageous to the instant workers.

Defendant

The company has paid all wages under the comprehensive wage system to the instant workers, and there is no night work allowance or annual paid leave not paid by the Defendant.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. (1) Determination of the assertion of mistake of facts shall be made specifically by comprehensively and comprehensively taking into account various circumstances, such as working hours, form and nature of work, unit of wage calculation, collective agreement and employment rules, details of the same workplace, and actual conditions of the same workplace, etc. In an individual case, even if it is naturally anticipated that overtime, night, and holiday work will be performed by nature of work type or work, the case where a collective agreement, employment rules, or wage regulations stipulate that overtime, night, and holiday work allowances, etc. shall be paid by clearly dividing them into specific items, apart from basic pay.