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. The court's explanation on this part of the basic facts is the same as the part of "1. Basic Facts" among the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The Plaintiff was dispatched to the instant business site, and was engaged in overtime work in accordance with the Defendant’s order of work on the part of the Plaintiff, two hours each day, and ten hours each day each day, but did not receive overtime allowance from the Defendant for the part exceeding twenty hours each month.

Furthermore, the period of stay for the Defendant’s business to pay for the above overtime work is merely the nature of overseas remuneration, not the amount of overtime work.

Therefore, the Defendant shall pay to the Plaintiff KRW 45,219,301 [Attachment 2] for overtime allowance exceeding 20 hours a month: KRW 30,892,605 on Saturdays (Attached 1) and KRW 45,219,302 on February 24, 2016, the Plaintiff sought KRW 45,219,302 from the application for modification of the purport of the claim and the cause of the claim as of February 24, 2016; however, in light of the contents of the attached Form, the above amount shall be deemed to be a clerical error of KRW 45,219,301 on a daily basis];

B. Overseas stay expenses paid by the Defendant to workers are not paid under the pretext of overtime work allowances or reimbursement of actual expenses, but paid periodically each month as “overseas remuneration”. Thus, all of them should be included in ordinary wages.

Therefore, when calculating ordinary wages based on this, the defendant should pay 73,152,039 won for overtime work to the plaintiff.

C. On the basis of the above A and B, the Defendant should additionally pay to the Plaintiff the retirement allowance of KRW 11,247,910 (i.e., retirement allowance of KRW 4,527,318 for overtime work allowances exceeding 20 hours a month in addition to the ordinary wage, the amount of staying abroad of KRW 6,720,592 for overtime work allowances calculated in addition to the ordinary wage.

Therefore, the defendant's overtime allowance and overtime allowance claimed by the plaintiff 129,619,251.