The defendant's appeal is dismissed.

1. The summary of the grounds for appeal guaranteed a place for free use of the documents concluded with the injured party during night and recess hours, and there was no supervision or interference with the accused during recess hours.

In addition, it is difficult for the victim to calculate working hours for surveillance and control workers, and since the comprehensive wage agreement is not specially unfavorable to the victim by working in the form of two-day leave after one day of service, the comprehensive wage agreement entered into between the defendant and the victim is valid.

Therefore, the defendant who paid the full amount of wages under the employment contract concluded with the victim cannot be deemed to have violated the Labor Standards Act.

(In a case where it is deemed difficult to calculate working hours in light of the working hours, the form of employment and the nature of the work, such as surveillance and enforcement of judgment. (2) In a case where a wage payment contract under the so-called comprehensive wage system with the content that the amount included in the statutory allowances is determined as monthly wage or daily wage without calculating the basic wage in advance between the employer and the employee, or the basic wage is determined in advance without distinguishing the statutory allowances, and a certain amount is determined as statutory allowances and is to be paid regardless of the number of working hours, even if it is concluded with the agreement to pay the specified amount as allowances without distinguishing the statutory allowances, it is valid when

However, barring any special circumstance to deem that the provision on working hours under the Labor Standards Act cannot be applied as it is, the principle of wage payment according to the working hours under the Labor Standards Act shall apply unless it is difficult to calculate working hours as above. In such a case, when concluding a wage payment contract based on the aforementioned comprehensive wage system, whether it violates the regulations on working hours under the Labor Standards Act, and statutory allowances included in the comprehensive wage are included therein.