The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)

A. According to the labor contract written between the Defendant and E in 2016, E’s fixed work day was six (6) days from the Saturday to the Saturday, but E did not work on the Saturday for the period as stated in the lower judgment.

Therefore, because E does not constitute a person who opened a fixed work day for one week, the defendant does not have a duty to pay a weekly holiday allowance to E during the period of the decision of the court below.

B. The Defendant paid E in excess of wages for the portion in which E was not actually working.

Therefore, the defendant has the right to return unjust profits with respect to excess wages paid to E.

In this regard, the Defendant set off the E’s wage and retirement allowance claim with the above unfair benefit return claim (hereinafter “instant set-off”), and thereafter, paid all the remaining wage and retirement allowance balance to E.

2. Determination

A. As to whether E’s work hours are commenced, an employer of the relevant legal doctrine ought to grant an employee a paid holiday at least once a week average (Article 55 of the Labor Standards Act). The paid holiday under Article 55 of the aforementioned Act ought to be granted to an employee who has worked for a period of one week (see Article 30 of the Enforcement Decree of the Labor Standards Act). The term “regular work hours” refers to the hours of work between an employee and an employer (Article 2(1)7 of the Labor Standards Act). In full view of the following facts and circumstances recognized by the court below in light of the evidence duly investigated and adopted by the court below, it is reasonable to deem that the prescribed work hours between the Defendant and E are five days a week from the Saturday to the Friday (Article 55 of the Labor Standards Act x 8 hours a week).

Therefore, if E was opened from a monthly day to a Friday, the Defendant is obligated to pay E a holiday allowance for the pertinent week.

This part of the defendant's assertion is not accepted.

A) The Defendant’s contract period with E on January 24, 2016 is January 24, 2016.