A. The net A and the Plaintiff E, F, G, and H (hereinafter referred to as “the network A and the rest of the Plaintiffs”) worked as a public official in technical service belonging to the Defendant during each period indicated in column 1’s Schedule / month, who is subject to the realization of “where excess work in the nature of his/her duties is institutionalized.”

B. Based on the provision on allowances, etc. for local public officials, which are Presidential Decrees (hereinafter “instant allowance provision”), guidelines on local public officials’ remuneration duties, etc. which are established by the Ministry of Public Administration and Security (hereinafter “instant guidelines”), etc., the Defendant paid only overtime work allowances (the amount equivalent to 60 hours a month or 67 hours a month) to the network A and the rest of the Plaintiffs below the actual hours of overtime work.

C. The amount of overtime work allowance for each service month that the Defendant did not pay to the deceased A and the rest of the Plaintiffs is indicated in the column for “over-duty overtime work allowance unpaid” in attached Table 1.

(hereinafter “instant overtime work allowance”) D.

The deceased died on October 30, 2019 while the instant lawsuit was pending, and on the other hand, Plaintiff B, his spouse, Plaintiff C, and D inherited the deceased’s property 2/7 shares, respectively, and Plaintiff B, C, and D took over the instant legal proceedings on November 6, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 (including branch numbers, if any) and the purport of whole pleadings

2. The details of the relevant statutes are as shown in attached Form 2;

3. Determination as to the cause of action

A. Since the determination of a local public official’s allowance on unpaid overtime work allowance is stipulated by statutes, a local public official on duty prescribed in Article 5 of the Local Public Officials’ Service Regulations may seek payment of overtime work allowance corresponding to actual overtime work hours under an order of service, inasmuch as such overtime work allowance, night work allowance, holiday work allowance, etc. as prescribed by the relevant statutes are appropriated in the budget.

Supreme Court Decision 2005Da9227 Decided September 10, 2009