The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) set D’s hourly rate of 6,500 won more than the minimum wage of 6,030 won in 2016, and additionally paid 10,000 won per month, and calculated the Si rate without deducting recess hours.

The defendant calculated the basic hourly wage, including weekly holiday allowances, or paid an additional amount of KRW 100,000 per month under the pretext of weekly holiday allowances, and the wages that the defendant paid to D are more than the amount calculated on the basis of the minimum wage, and the wages including weekly holiday allowances are paid.

2. According to the evidence duly adopted and examined by the lower court, the Defendant prepared a labor contract stating that “The hours of service shall be five days per week from 9:00 to 16:30 on January 18, 2016, and one day per week from 9:00 to 21:00 on a day, and one day per week from 9:0.0 on a day. The wages during working hours shall be calculated on a part-time basis, and shall be calculated and paid at 6,500 won per actual working hour.” The Defendant also paid 10,000 won per month in addition to the wages calculated at 6,500 won per hour.”

The following circumstances revealed in accordance with the facts and evidence revealed, namely, D’s rate shows a little amount of minimum wage, but there is no objective evidence that D agreed to include weekly holiday allowances in determining the above rate, and the Defendant asserted that D’s monthly holiday allowances were paid to D separately from the Si’s rate, but the Defendant stated that the Defendant was paid KRW 100,000 per month for the boosting the morale of employees, and the Defendant stated to the effect that weekly holiday allowances should be deemed to have been paid. The parties are deemed not to have made an explicit agreement on the fact that the said money was paid weekly holiday allowances, the fixed allowances paid each month other than the basic Si’s rate are paid paid holidays, unless otherwise stipulated in the labor contract, etc.