1. Article 2(1) of the Local Public Officials Act provides that “A local public official shall be classified into a public official in career service and a public official in special career service.” Article 2(2) provides that “A public official in career service” means a public official who is appointed according to his/her performance and qualification and whose status is guaranteed, and its type is as follows.” Article 2(1)2 provides that “A local fire official among public officials in specific service

Meanwhile, Article 44(4) of the Local Public Officials Act provides that "any money or valuables may not be paid as remuneration for public officials, unless otherwise provided for in this Act or other Acts and subordinate statutes." Article 45(1) provides that "matters falling under any of the following subparagraphs concerning the remuneration of public officials shall be prescribed by Presidential Decree." Article 30 of the Local Public Officials Remuneration Regulations provides that "Any public official may pay necessary allowances, in addition to his/her salary, within budgetary limits (paragraph (1))." Article 30 of the Local Public Officials Remuneration Regulations provides that "The types, scope of the payment, the amount paid, and other matters necessary for the payment of allowances to be paid under paragraph (1) shall be prescribed by Presidential Decree (paragraph (2)." In addition, the Regulations on Allowances, etc. for Local Public Officials provides that "over the hours prescribed in Article 15, overtime work hours, weekly and night replacement workers, etc. shall be provided for overtime work allowances within budgetary limits, and Article 16 of the Local Public Officials Remuneration Regulations provides for overtime work allowances within budgetary limits (hereinafter referred to as "day work allowances").

In full view of the relationship between the local government and the local fire-fighting officials who are public officials belonging to such local government and the local fire-fighting officials, namely, the labor relationship between the local fire-fighting officials, which falls under public law, rather than private labor contract relationship, and the legal relationship concerning the remuneration of the local fire-fighting officials, one of the main contents of such labor relationship, is deemed to be the legal relationship under public law. Furthermore, Articles 44(4) and 45(1) of the Local Public Officials Act adopt the so-called statutory principle concerning the remuneration of the local public officials under this Article, and Articles 15 through 17 of the Regulations on Allowances, etc. of the Local Public Officials adopt the so-called statutory principle concerning the payment of overtime allowance, the amount of overtime allowance, the limit of working hours, the calculation method of working hours, etc. of the local fire-fighting officials, and the contents, form, and system of the relevant Acts and subordinate statutes, the above right to claim the payment of overtime allowance of the local fire-fighting officials shall immediately arise if the local fire-fighting officials meet the requirements for payment of overtime allowance.

2. In light of the above legal principles and records, the court below revoked the judgment of the first instance court which deliberated and judged the claim of this case for the payment of excess service allowance under civil procedure on the premise that the plaintiffs, who were the former and incumbent fire-fighting officials belonging to the defendant, are subject to civil procedure, and the measure of transferring this case to the Seoul Administrative Court, which is the competent court. There is no error of law by misapprehending the legal principles on the legal nature of the claim for excess service allowance

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

[Attachment] List of Plaintiffs: Omitted

Justices Kim So-young (Presiding Justice)