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1. The plaintiff's appeal and the claims added by this court are dismissed, respectively.
2. Appeal costs and claims by this court.
Reasons
1. Basic facts
A. On July 19, 2007, the Defendant obtained on July 19, 2007 from the head of the Seoul Regional Labor Agency approval from the head of the Seoul Regional Labor Office for not applying the provisions on working hours, rest hours, and holidays to nine “survatory workers” (three persons, six persons, respectively) who engage in the management of facilities, etc. among the Defendant’s employees.
B. From April 24, 2012 to January 5, 2015, the Plaintiff was in charge of facility management (such as electricity, machinery, fire fighting, and boiler management) and was paid wages of KRW 1,400,00 per month by the Defendant.
C. The Plaintiff: (a) from around the time of entry to July 2012, 2012, 24 hours worked for the first time (09:0 to 09:00 on the following day); (b) from July 2012 to July 2013, 201, the Plaintiff served for 5 days a week; (c) from July 2012 to July 2013, 200 to 3 days a day; and (d) from July 2013 to June 2014, the Plaintiff served for 5 days a week from July 2013 to June 2014; and (d) served for 3 days a week and 2 days a day in the form of night work.
The Plaintiff’s hours of rest of the Defendant’s workers in charge of facility management during the said work were two hours a day (12:00-13:00, 17:00-18:00), and five hours a day for night work (23:00-24:00, 02:0-06:00).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 1, 2, and 3 (including additional numbers), the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) Plaintiff’s assertion (1) relating to unpaid wages: The Plaintiff’s contractual work hours are 40 hours a week under an employment contract made between the Plaintiff and the Defendant, and the monthly contractual work hours according to the Plaintiff’s work form are 173.8 hours a month (the average weekly number of 4.345 hours a month, excluding KRW 2.70,000,000,000