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. The Plaintiff’s basic facts operate as soon as possible with the trade name “C” (hereinafter “instant enterprise”). The Defendant was in office in the instant enterprise from May 12, 2015 to June 1, 2018, and the fact that the Plaintiff retired from office does not conflict between the parties.

2. The plaintiff's assertion and judgment

A. Although the Plaintiff’s summary of the argument has settled one hour of recess hours during the Defendant’s daily working hours, the Plaintiff paid the Defendant a total of KRW 3,783,615, which is the above hours, and paid more than KRW 1,265,785, which is a total of KRW 1,265,785, as remuneration different from the oral labor contract, the Defendant is obliged to return the Plaintiff’s total amount of KRW 5,049,40 (=3,783,615 + KRW 1,265,785) to the

B. Work hours under the Labor Standards Act refer to the hours during which an employee provides labor under the direction and supervision of the employer. Even if an employee does not actually engage in his/her work during work hours, waiting hours, rest hours, and inland waters hours, etc., if they are completely released from the employer’s direction and supervision and do not guarantee the employee to freely use as a recess hours, and if they are actually placed under the employer’s direction and supervision, they are included in work hours (see, e.g., Supreme Court Decision 2006Da41990, Nov. 23, 2006). In addition, the following facts are recognized by adding the respective descriptions in subparagraphs 1 through 5 of this Article, and the purport of the entire arguments and substantial facts and arguments in this court. In other words, the Plaintiff did not receive a total of KRW 10 from the Gwangju District Court Decision 2018Da14133, Jan. 14, 2019 to the Defendant’s retirement allowance of 2015 to May 2018.