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. The Plaintiff is a worker who entered into an employment contract (hereinafter “instant employment contract”) with the Defendant, who is engaged in guard and security service business, and signed a written contract for this purpose (hereinafter “instant employment contract”). Under the instant employment contract, the Plaintiff served as a security guard of the E-si Apartment (hereinafter “instant apartment”) from December 24, 2015 to December 31, 2016 under the instant employment contract.

Article 3 (Work Place and Occupation) (1) Work place is apartment of this case, and occupation is security guards.

(2) If it is inevitable for the circumstances of the company's business, the workplace and occupation may be changed, and the plaintiff shall comply with such change.

Article 4 (Work Type and Work Hours) ① The Plaintiff’s work form is a shooting-day work system (07:00 to 07:00 on the following day), and it is applied to the Kim Jong-si work form.

(2) Work hours excluding recess hours shall be one day, and work and recess hours shall be adjusted according to a change in a service contract.

Article 5 (Recess Hours) Week (1.0 2.5 hours, including food agency) 2.5 hours, 4.0 hours at night, and 6.5 hours at night.

Article 6 (Income) (1) The Plaintiff’s form of wages shall be the annual salary system, and the details of monthly salary divided by 12 months shall be stated in the right-hand page in the detailed statement of monthly salary stated in each employment contract prepared during the Plaintiff’s work period (from December 24, 2015 to December 31, 2016) in the detailed statement of monthly salary stated in each employment contract, as payment items, in which the corresponding amount of “basic salary” and “mental work allowance” are stated, and the aggregate amount of money for each of the above items shall be indicated as “monthly salary.”

same as this section.

(30) The date of calculation by day shall be 30 days. (b)

The main contents of the instant employment contract are as follows.

C. Article 63 subparag. 3 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 63 subparag. 3 of the former Enforcement Rule of the former Labor Standards Act (wholly amended by Act No. 15108, Mar. 23, 2015) with respect to four workers engaged in the instant apartment from the head of the Sung-nam Branch Office of Gender Equality and Labor on January 30, 2015.