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(영문) 서울행정법원 2015.05.08 2014구합59207

초과근무수당청구

Text

1. The defendant attached Form to the plaintiffs

3. The amount of each column of the Inventory, and the corresponding sheet.

3. Unpaid list.

Reasons

Basic Facts

The plaintiffs are people of Article 50 (1) of the Child Welfare Act and Article 62 of the Seoul Special Metropolitan City Ordinance on the Establishment of Administrative Organizations (hereinafter referred to as the "Child Welfare Center") who work or worked for the past in the Child Welfare Center established pursuant to Article 50 (1) of the Child Welfare Act and Article 62 of the Seoul Special Metropolitan City Ordinance on the Establishment of Administrative Organizations (the plaintiff A only worked for the period until December 2013, and the plaintiff E began to work from January 20

The Plaintiffs are child care specialists in charge of care for children and infants admitted to the Child Welfare Center, and unlike general public officials, the Plaintiffs are institutionalized with services exceeding the working hours prescribed in Article 2(1) of the Local Public Officials Service Regulations (hereinafter referred to as “excess services”) due to the nature of the duties to respond to unexpected situations that may arise to children and infants, and are so-called “on-site public officials.”

(See Article 5 of the Regulations on the Service of Local Public Officials). The plaintiffs form one set of two groups, consisting of three groups, work from 9 A.M. to 10 A.M. on the following day, and work for 10 P.M. (the rest of two groups during the two o.m. during the two o.m.) again from 9 A.M. to 10 A.M. on the following day.

Article 15(5)1 of the Regulations on Allowances, etc. for Local Public Officials (amended by Presidential Decree No. 24126, Sep. 28, 2012; hereinafter referred to as the “Rules on On-site Allowances”) provides for the calculation of the hours during which the overtime service is provided to the current workers who have been institutionalized (hereinafter referred to as “overtime service hours”) under Article 15 of the current Regulations on Allowances, etc. for Local Public Officials, as follows:

Hours of overtime work = (total hours of the relevant month) - [working hours under Article 2 (1) of the Regulations on the Service of Local Public Officials (hereinafter referred to as "working hours")];

- - [number of hours to rest while on duty, such as meals, water surface, and time to rest (hereinafter referred to as “time to rest”).