The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, workers F.

1. The grounds for appeal filed on April 30, 2018 are examined only to the extent it supplements the grounds for appeal specified in the reason for appeal filed on January 16, 2018, as the grounds for appeal were submitted after the lapse of the period for filing the appeal.

A. In the case of K workers who are the third causes of the car, it is impossible to calculate the actual working hours due to the unique characteristics of working hours depending on seasonal and weather conditions, such as the horse, drilling, etc., in an outdoor small group operated at a customer service level in a gas charging station, and thus, the comprehensive wage arrangement, including various allowances, was valid and paid all wages accordingly.

The comprehensive wage agreement is valid, and there is no wage or retirement allowance to be paid additionally, since the defendant received wages without any objection between the several years and the defendant provided various convenience to K, or there is no disadvantage to K in comparison with the amount of wages of all shocks.

B. In the case of workers E, F, and G, the instant gas charging lawsuit, which is a small-scale workplace operated in 24-hour shifts, adopted the flexible root system that operates flexible working hours as required by workers.

Therefore, the limit of working hours should be calculated on the basis of not less than 8 hours per day but 40 hours per week, and the fixed working hours and overtime allowances should be calculated on the basis of 8 hours per day, and unlike this, the unpaid wages or retirement allowances calculated on the basis of 37.3 hours per week due to the limit of 8 hours per day are unfair.

(c)

The sentence of the lower court (an amount of five million won) is too unreasonable.

2. Determination

A. Determination on the Defendant’s assertion of misapprehension of the legal doctrine on the Defendant’s mistake of fact (1) provides that an employer to determine an employee K’s comprehensive wage agreement shall specify wages, hours of work, and other working conditions at the time of entering into a labor contract. According to Articles 17 and 56 of the Labor Standards Act stipulating that overtime work performed in excess of standard working hours, night work, and holiday work shall be paid wages calculated by adding 50/10 or more of ordinary wages to regular wages.