The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The defendant operates a restaurant with the trade name of "E" in the Young-gu Busan Metropolitan City D (hereinafter referred to as "E"), and the plaintiff was in charge of the business of iceing in the above restaurant.

B. The Plaintiff worked in the instant restaurant from June 22, 2016, and retired on August 2, 2016 (hereinafter “the first service period”), and retired on December 22, 2016, and retired on February 12, 2017 (hereinafter “the second service period”). The Plaintiff retired on February 12, 2017 while serving in the said restaurant (hereinafter “the second service period”); the Plaintiff was working in the said restaurant, working hours of six days, working hours of 09:30 to 21:30, and recess hours of four hours; the wage was paid from the 1,800,000 won per month to the said restaurant (the wage calculation period from the 15th to the 14th of the following month).

(c) The minimum wage per hour under the Minimum Wage Act is KRW 6,030, and KRW 6,470,017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff provided labor for 11 hours a day after being granted a daily recess of 10,000 hours, not less than 4 hours, unlike the agreement, while working in the instant restaurant.

Therefore, the defendant is obligated to pay the plaintiff unpaid wages for three hours a day.

B. The Defendant asserted that all wages agreed upon to the Plaintiff were paid by the Defendant, and the basis for calculation of the amount claimed by the Plaintiff is unclear, and since 4 hours of recess per day during the period of service, the Plaintiff’s daily working hours shall be deemed eight hours.

3. Determination

A. The pertinent legal doctrine as to whether to grant four hours a day of recess refers to the hours during which workers can freely use, as the time is set by the employer’s direction and supervision during work hours.

Therefore, the waiting time, rest, and water level of a worker who is not actually engaged in the work during the working hours are also the waiting time, rest, and water level.