1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

1. Facts of recognition;

A. From September 23, 2014 to October 18, 2015, the Plaintiff provided labor as a night work group under employment by the Defendant.

B. The Defendant did not deliver the written labor contract to the Plaintiff.

C. The Defendant paid 2,028,068 won as retirement allowance to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he was employed by the Defendant and worked for eight hours a day without recess hours. As such, the Defendant is obligated to pay to the Plaintiff KRW 463,397, which is calculated by including bonuses, ① totaling KRW 5,748,749, and KRW 925,440, and KRW 925,440, and KRW 6,549,080, and KRW 463,397 of unpaid retirement allowances calculated including bonuses, among the overtime and night work allowances for eight hours exceeding 40 hours a week under the Labor Standards Act, excluding the part already paid by the Defendant.

B. The Defendant’s assertion that ① there was no longer overtime and night work allowance to be paid to the Plaintiff, and ② holiday work is treated as substitute work, and there is no more holiday work allowance to be paid. ③ The Plaintiff’s claim for retirement allowance and night work allowance to be paid in the appellate trial should be dismissed as it deprives of the interests of the instance. ④ Even if the Plaintiff’s claim is accepted, the Defendant’s claim for overtime work and night work allowance is calculated excessively and paid in excess of wages, and thus, offsets the Plaintiff’s claim for unjust enrichment return equivalent to the amount paid in excess.

3. Determination

A. Recess hours under the Labor Standards Act as to whether an overtime allowance is recognized as one-time recess hours are subject to the direction and supervision of the employer during working hours.