1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a juristic person established with the purpose of “satisfing, processing, and selling eggs,” “satfing and gathering eggs,” “satfing and gathering eggs,” and “business pertaining to processing and selling livestock products by proxy.”

B. On June 23, 2015, the Plaintiff entered into an employment contract with the Defendant and served as the head of the delivery team in charge of delivery affairs.

The labor contract relationship between the plaintiff and the defendant was terminated on January 7, 2017.

C. On November 14, 2017, the Daejeon Regional Labor Office confirmed that the Defendant’s wages, retirement allowances, and annual allowances for unused annual allowances that the Defendant did not pay to the Plaintiff was KRW 6,678,757. The Defendant paid the Plaintiff the aforementioned unpaid wages, retirement allowances, and annual allowances for unused annual allowances.

[Ground of recognition] Class A 1, 2, 4, Eul evidence Nos. 4 through 6, 29, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant’s main business content is not raising chickens, producing eggs, but processing and punishing eggs from other quantitative manufacturers, and supplying them to major discount stores, home shopping, Internet shopping malls, etc.

Therefore, since the defendant cannot be deemed to have raised animals or run the livestock industry, the provisions pertaining to working hours, recess and holidays as stipulated in Articles 63 and 63 (Exclusion from Application) of the Labor Standards Act and Chapter V of the Labor Standards Act do not apply to any of the following workers:

1. A worker engaged in cultivation or reclamation of land, seeding, cultivation, or collection of plants, or other agricultural and forestry work;

2. A worker engaged in breeding of animals, collection and catching of marine animals and plants, cultivation of marine products, and other cattle breeding, sericultural and fishery business;

3. A worker engaged in surveillance or intermittent work, whose employer has obtained the approval of the Minister of Employment and Labor;

4. Workers who are engaged in the duties prescribed by Presidential Decree are not subject to subparagraph 2.

(b) Article 56 (Extended, Night and Holiday Work) (1) of the Labor Standards Act;