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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that he/she was employed by the Defendant on October 6, 201, and worked as the Defendant’s employee until October 15, 2016. While the Plaintiff entered into a labor contract with the Defendant on a condition that he/she worked for 12 hours per day and 6 days per week, the Plaintiff actually worked for more than 14 hours per week average, 7 days per week, and average 28 hours per week average.
Therefore, the Defendant, from March 15, 2014 to October 15, 2016, should pay to the Plaintiff the sum of KRW 37,554,88 (average hours of overtime work per week 28 hours x 1.5 x 124 x ordinary wages 7,211).
The plaintiff, while working as a shop in the defendant's workplace, paid a total of KRW 18,00,000 to the employees' food expenses, etc. on behalf of the defendant, the defendant shall pay the above administrative expenses to the plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff an overtime work allowance of KRW 37,554,88, and a total of KRW 18,00,000, and a total of KRW 55,554,88, and delay damages.
2. Determination
A. We examine the part concerning the claim for overtime work allowance. Article 63 of the Labor Standards Act and Article 34 of the Enforcement Decree of the Labor Standards Act provide that the provisions concerning work hours, rest hours, and holidays under the Labor Standards Act shall not apply to workers engaged in the business of managing, supervising, or confidential information regardless of the type of business. A company’s position as a person in charge of supervising or managing the company, who is in a position of supervision or management, has the right to free discretion over its work hours, and if the provisions concerning work hours, rest hours, and holidays under the Labor Standards Act are not applicable, the overtime work or holiday work shall not be paid an amount equivalent to the ordinary payment (see Supreme Court Decision 8Da2974, Feb. 28, 1989), and subparagraph 1, and subparagraph 1, respectively.