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. Basic facts

A. From August 1, 2015 to July 31, 2016, the Plaintiff, as an employee belonging to the Defendant Company, engaged in the work, such as cleaning the head office and PA shipment at the place of business of the Defendant Company.

B. The Plaintiff worked tin and night school attendance, and tin working hours from 15:00 to 23:00 (total eight hours including meal hours from 18:00 to 19:00). The night working hours were from 23:00 to 7:00 of the following day (total eight hours including rest hours from 2:00 to 3:00).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that "the plaintiff is obligated to pay overtime allowances for working hours without recess hours, since he/she has completed meals for 20 to 30 minutes, immediately returned to work, or continued to work without recess hours, such as having been operated a restaurant at night."

As to this, the defendant company asserted that "the defendant company set a recess to the plaintiff, and even if the plaintiff had worked during recess hours, it recognized it as paid, and paid wages based on total eight hours of work, so the plaintiff's assertion is without merit."

B. (1) The working hours under the Labor Standards Act refer to the hours during which an employee provides labor under the direction and supervision of the employer. Even if an employee does not actually engage in work during the working hours, if it is not a guarantee of free use as a recess, but is actually under the direction and supervision of the employer, it is included in working hours (see Supreme Court Decision 2006Da41990, Nov. 23, 2006).