1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On October 13, 2014, the Plaintiff operating a restaurant business in the name of “C” as the Plaintiff’s assertion that: (a) signed a labor contract with D and E with the Defendant, who is a certified labor affairs consultant, and (b) written each written employment contract (hereinafter “each employment contract”) in the attached Form. Pursuant to Article 54(1) of the Labor Standards Act, the Plaintiff is obligated to provide 30/10 of the working hours for the above workers whose working hours are less than 8 hours; (c) while preparing each employment contract and setting the rest hours under Article 5 as one hour, the Defendant shall pay the Plaintiff a total of KRW 9.5 million (D8 million, KRW 1.5 million, KRW 5 million, and KRW 1.5 million) under the pretext of wages and retirement allowances for one hour.

B. Therefore, the Defendant is obligated to pay the Plaintiff the wages in arrears and retirement pay for the portion of 30,000 won (i.e., 9., 50,000 won x 1/2) out of the above amount as compensation for damages caused by the tort (i.e., 4, 400,000 won). Article 54(1) of the Labor Standards Act provides that “An employer shall allow the Plaintiff to pay the said hours of recess more than 30,000 hours, and not less than 1,00 hours for eight hours.” However, the above provision is just a provision on the minimum hours of recess that the employer should guarantee, and the labor contract concluded more than the hours of recess as prescribed in the above provision is valid. The Plaintiff appears to have signed after a direct review of each labor contract, namely, the Plaintiff’s payment of money under the pretext of wages in arrears and retirement pay for 1 hour to the said employees. In full view of the fact that the Plaintiff did not provide the said employees with the hours of recess, the evidence presented by the Plaintiff alone.