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. Basic facts

A. On December 1, 2004, the Plaintiff was employed by the Defendant and served as a bus engineer.

B. The relevant parts of the collective agreement applicable to the bus companies located in Incheon including the defendant are as follows.

Article 6 (Work System) (4) The number of days of full-time work each month shall be 22 days (20 days in February), and when full-time work is performed, allowances shall be paid.

If a person has worked in excess of 22 days (20 days in February) in the relevant month, he/she shall pay overtime allowances in addition to overtime allowances as a holiday work, and if he/she has worked in excess of 26 days in February (24 days in February), he/she shall pay holiday allowances in addition to overtime allowances.

(5) A company shall provide drivers with labor for not less than 24 days (22 days in February) of a month in excess of 22 days (20 days in February) of a month.

Provided, That if a driver is unable to drive on the 24th day of each month (22th day of February) due to a cause attributable to the company (excluding the relevant month when reducing the number of vehicles for school and life saving), he/she is unable to work on the 24th day (22th day in February), the wage (including the allowance) for the 24th day (22th day in February) shall be paid to him/her, and the cause attributable to the company means the case where the company has no record of giving a driver (excluding a preliminary engineer) with his/her work on the 24th day (22th day in February) or more of each month.

C. The Defendant paid annual allowances (basic pay) for the annual leave days (basic pay) used by the Plaintiff from June 1, 2015 to October 31, 2015 (hereinafter “the calculation period of the instant allowances”), but did not pay overtime allowances.

[Ground] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff worked on a full-time basis every month including the annual leave day during the calculation period of the allowance in this case (22th day of each month) and provided labor after the full-time leave, and the defendant is obligated to pay the plaintiff overtime allowance and damages for delay on the annual leave day during the calculation period of the allowance in this case.

3. Determination

A. The above evidence is examined, and the above evidence.