1. The Defendant shall pay to the Plaintiff KRW 95,934,110 as well as 20% per annum from October 1, 2013 to the day of full payment.

1. The Plaintiff provided labor at the “C” factory (hereinafter “instant workplace”) under employment of the Defendant from January 3, 201 to September 16, 2013, as the Plaintiff did not dispute between the parties.

The Plaintiff, along with one other worker (day workers), was in charge of continuing operation without stopping production machinery, such as the core facilities of the instant workplace, armores, and horses, as the Plaintiff took charge of two classes per day.

The Plaintiff’s working hours were from 20:00 to 08:00 on the following day, and the Plaintiff’s working day was 6th day of every week.

The Plaintiff received the monthly salary of KRW 1,900,000 from the Defendant’s verbally agreed upon (hereinafter “instant wage agreement”) and resided in the dormitory provided by the Defendant. However, the Plaintiff did not prepare a written labor contract and did not receive any separate allowances or agreed to do so except for the above wage, and was not insured against the fourth insurance.

2. Summary of the parties' arguments

A. The Plaintiff’s overtime work hours are four hours a day from 04:00 to 08:00; night work hours are eight hours from 22:00 to 06:00 on the following day; ordinary hourly work hours are seven thousand won.

Based on this, 36,780,800 won (i.e., 13,398,000 won in 2011, 13,665,600 won in 2012) and 54,127,200 won in night labor allowances (i.e., 26,796,00 won in 27,331,200 won in 201), and there was no retirement allowances of 5,000 won in 26,796,000 won in 20,026,110 won in 200.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 95,934,110 (i.e., overtime work allowances of KRW 36,780,80,00 for night work allowances of KRW 54,127,20 for night work allowances of KRW 5,026,110) and damages for delay.

B. (i) The instant workplace does not apply to Defendant (i.e., four full-time workers and Article 56 (Extended Night and Holiday Work) of the Labor Standards Act (Article 11(2) of the Labor Standards Act, Article 7 and attached Table 1 of the Enforcement Decree thereof), and the Defendant’s overtime work allowances and night hours on the part of the Plaintiff.