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

Purport of claim and appeal

The first instance court.

A. The Plaintiff entered into an employment contract with the Defendant on March 1, 201, and took charge of the maintenance of order in the Seoul Mapo-gu Park from March 1, 201 to February 29, 2012.

B. The written employment contract prepared by the Plaintiff and the Defendant states that wages are “day-class: KRW 55,000 per week, and KRW 60,000 per week (including allowances).”

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the defendant is obligated to pay KRW 1,435,00 to the plaintiff, since he did not receive the total of KRW 1,435,00,00 for the period of his work, since he did not receive the total of KRW 1,435,00.

On the other hand, the defendant asserts that the defendant did not pay the weekly holiday allowance and the monthly holiday allowance, since he concluded a labor contract based on the comprehensive wage system, including the various allowances such as weekly holiday allowance and monthly holiday allowance, and paid all the benefits accordingly.

B. (1) In a case where an employer concludes a wage payment contract based on the so-called comprehensive wage system with the content that the total sum of the allowances shall be determined as monthly wages or daily wages, or that the monthly fixed amount shall be paid as allowances without the employee’s consent in advance, in principle, by determining the basic wages for the employee and paying them in addition to the allowances based on such principle, working hours, forms of employment and the nature of work, etc., the employer cannot be deemed null and void if it is deemed that there is no disadvantage to the employee and is justifiable in light of all the circumstances.

(2) The following circumstances, which can be seen by comprehensively considering the overall purport of the pleadings in the above facts of recognition, evidence Nos. 2, 6, and evidence Nos. 1 and 3 (including virtual numbers), and the maintenance of order in C Park, etc., are surveillance and control work due to their nature.