1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 8, 2007, the Defendant obtained approval from the head of the Busan Regional Labor Office from the head of the Busan Regional Labor Office for exception of the provisions on working hours, recesss and holidays stipulated in Chapters IV and V of the Labor Standards Act (hereinafter “approval of exemption from application of this case”), and there is no change in the form of work or the number of workers thereafter, on the condition that the Defendant would pay night work for 24 hours in shooting days and 24 hours in the form of surveillance work.

B. The Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and worked as a security guard of the Busan Dong-gu Seoul apartment (hereinafter “instant apartment”) according to the instant employment contract from January 8, 2015 to October 25, 2016.

Article 2 (Place of Work and Place of Work) (1) of the Terms and Conditions of the Labor Contract from January 8, 2015 to January 7, 2016 (Provided, That the employment contract was completed on April 28, 2015) Article 2 (Place of Work and Place of Work): The working hours of the apartment of this case, other than expenses, base pay (17,309,160 won (1,442,430 won per year): Article 6 (1) of the Act on 669,600 won per annum (5,800 won per month) Article 6 (1) of the Act on 06:00 to 06:06:0 of the day immediately preceding the working hours.

(2) The full-time service shall be meal hours (three hours a week) and night bed at night (six hours a week).

Article 2 (Work Place and Details of Work) (1) of the Terms and Conditions of the Labor Contract from January 8, 2016 to retirement (annual salary): 18,509,160 won (annual salary of 1,542,430 won): 761,760 won (annual allowance of 63,480 won) annual allowance of 761,760 won (annual salary of 63,480 won) (including hours of work and hours of work) and the full-time work of 06:30 to 06:30 of the following day.

(2) The full-time service shall consist of meal hours (3 hours and 10 minutes per week) and night time (5 hours and 30 minutes at night).

C. The main contents of the instant employment contract are as follows.

The Plaintiff and D shall on August 6, 2018.