1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. In the first instance court, the Plaintiff sought payment of the unpaid weekly holiday allowance, holiday work allowance for overtime work, and wage for omitted work hours. The first instance court partially accepted the claim for unpaid weekly holiday allowance, and dismissed all of the claim for the remaining unpaid weekly holiday allowance, holiday work allowance for overtime work, and wage for omitted work hours.

On the other hand, the plaintiff filed an appeal only for the part on the claim of holiday work allowance and wage for omitted work hours for overtime work hours, and the court reduced the purport of appeal in order to change the claim of holiday work allowance into the holiday work prescribed in the collective agreement and withdraw the part on the claim of wage for omitted work hours. Since the defendant appealed against the unpaid weekly work allowance partially accepted, the subject of appeal by this court is limited to the part on the claim of unpaid weekly work allowance and the part on the claim of holiday work allowance for the unpaid holiday work prescribed in the collective agreement.

2. Basic facts

A. The Defendant is a company operated for the purpose of passenger transport service in Gangnam-si, and the Plaintiff is a person who served as an employee working on board a bus belonging to the Defendant from October 12, 2012 to October 12, 2012.

B. The collective agreement of the Defendant Company related to the instant case is renewed on a two-year basis since it was concluded on November 15, 2012, and the main contents related to the instant case are all the same.

The main contents of the rules of employment are as follows:

Article 27 (Number of Working Days and Working Hours in Collective Agreement)

1. Number of working days: Service for 20 days for buses outside the city (time service), and service for city buses 17 days (time service);

2. Working hours: Work hours shall be based on an average of 8 hours a day and 40 hours a week, excluding hours to rest (hereinafter referred to as "time to rest");