1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is a company that runs the business of importing, selling, and distributing medicines, and the Plaintiff, under employment by the Defendant, provided labor to the Defendant from September 5, 2016 to March 27, 2018, and retired therefrom.

Article 30 (Extended Work, Night Work, Holiday Work)

1. A company may, if necessary, engage in overtime work, night work, or holiday work in agreement with its employees;

5. Calculation and calculation of overtime work hours: The overtime work hours shall be the actual work hours after the normal retirement hours, and holidays and holidays shall be the actual work hours;

Provided, That the unit to which working hours are applied shall be calculated by 30 minutes.

Article 31 (Procedures for Approval) Work, Night Work, and Holiday Work shall be conducted in accordance with the procedures determined in advance by the Company.

B. Of the Defendant’s rules of employment (hereinafter “instant rules of employment”), the main contents concerning overtime and night work are as follows.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. The parties' assertion

A. From September 2016 to March 2017, the Plaintiff’s summary of the Plaintiff’s assertion: (a) worked 311 hours in total (17.5 hours in night work); (b) worked 397 hours in total from April 2017 to March 2018 (22 hours in night work).

Therefore, the Defendant is obligated to pay the Plaintiff KRW 10,990,630, and KRW 14,657,082, which are calculated on the basis of ordinary wage for the extended working hours of each of the above periods, taking into account the duty to pay the Plaintiff KRW 1,685,930, which is the difference between the fixed retirement allowance and the retirement allowance already paid.

B. The extended night work allowance under the Rules of Employment in the instant case’s summary of the Defendant’s assertion can be collected only when a person who intends to work overtime hours with prior approval from the Defendant actually conducted overtime night work.

However, overtime night work claimed by the Plaintiff is limited to the time of dispatch recorded on the e-mail sent by the Plaintiff to the Defendant Company account.