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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
1. In the first instance court, the Plaintiff primarily claimed unpaid wages and retirement allowances from the co-defendant B apartment council of the first instance (hereinafter “council of occupants’ representatives”) and claimed the same amount of unpaid wages and retirement allowances from the Defendant.
The court of the first instance dismissed the primary claim against the council of occupants' representatives, and accepted part of the unpaid wages (unpaid wages for business training hours) and part of the retirement allowance from the conjunctive claim against the defendant.
In regard to this, the Plaintiff appealed only to the part of the claim for unpaid wages (the part that occurred until February 28, 2018, out of the unpaid wages due to non-payment of the recess hours) that was dismissed as shown in the attached Form. As such, the scope of the trial of this court is limited to the portion of the claim for unpaid wages due to non-payment of recess hours
2. Basic facts
A. From around 2012, the Defendant entered into a contract for security service with the council of occupants’ representatives and entered into such contract, and was in charge of the guard service of the Nam-gu Busan apartment (hereinafter “instant apartment”). On April 2, 2014, the Plaintiff entered the Defendant and retired on June 30, 2018.
B. On July 25, 2013, the Defendant was approved by the Commissioner of the Busan Regional Employment and Labor Agency as being exempt from the application of the provisions on work hours, rest hours, and holidays as stipulated in Chapters IV and V of the Labor Standards Act for 118 surveillance workers.
C. The Plaintiff worked 24 hours on the shooting day, and the working day’s working period is as follows.
Hours of recess 06:00 to 11:30 minutes from 11:30 to 11:30 minutes, 13:00 hours from 13:30 to 16:30 minutes, 16:30 to 16:30 minutes, 16:30 hours, 18:30 to 18:00 hours, 18:00 to 22:00 hours, 22:0 up to 02:0 up to 02:0 up to 00 up to 02:0 up to 06:04 hours, 17 hours, including 17 hours (3: night 4).