2. The costs of lawsuit shall be borne by the Plaintiff.

A. The defendant is an organization established for the self-management of the Nam-gu Incheon Metropolitan Government B apartment.

The employee belonging to the defendant has two guard positions and one accounting staff.

B. From January 13, 2015 to January 13, 2019, the Plaintiff provided the Defendant with labor and retired from office.

As of January 13, 2018, an employment contract signed between the plaintiff and the defendant as of January 13, 2018, the type of work of the plaintiff is apartment guard, the term of the contract is one year, the working hours are 6:00 a.m. from 6:0 a.m. to 6:0 a.m. on the following day, and the rest hours are 4 p.m. from 2 p.m. to 4 p.m., and 6:0 a.m. on the following day (Provided, That 30 minutes from 10 p.m. to 6:0 a.m., 30 p.m. for 10 p.m.,

2. Assertion and determination

A. The party’s assertion 1) The Plaintiff’s labor contract set a daily working hours of 12 hours. However, in fact, the Plaintiff, in addition to the basic security services, engaged in overtime work and night work (overtime and night work) while engaging in overtime work and night work (the details of calculation of overtime work and night work allowances are as shown in attached Table 1).

In addition, according to the Defendant’s instruction, the Plaintiff provided labor, such as the unclaimed work on the road, the maintenance work of the entrance stairs, the gardening work in the complex, and the gardening work in the complex (the details of labor cost calculation are as shown in attached Table 2).

A) The Defendant’s overtime allowance to be paid to the Plaintiff is KRW 67,95,00, and the labor wage is KRW 111,595,200,000, which is the total of KRW 43,600,000. The Plaintiff seek payment of KRW 33,470,000, which was reduced by 70% against the Defendant, and damages for delay. (2) The Defendant is excluded from the application of the provisions on overtime allowance and night work allowance under Article 56 of the Labor Standards Act because the Defendant falls under a workplace that employs four full-time workers (see Article 11 of the Labor Standards Act and Article 7 of the Enforcement Decree of the same Act). Moreover, the Plaintiff’s actual working hours are set in a labor contract.