임금
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The plaintiffs extended by this court.
1. The grounds for this part of the facts are as follows: (a) the court’s reasoning is that the part of “1. Basic Facts” is identical to that of “B” in the judgment of the first instance, except where “B” under Section 17 of the judgment of the first instance is deemed as “B,” and thus, it is acceptable in accordance with the main sentence of Article 420
2. The plaintiffs' assertion
A. The Plaintiffs, who were employed by the Defendants as security guards, worked as night guards for 12 hours each at night from March 1, 2014 to February 28, 2015, agreed to a total of three hours each (0.5 hours each after the date, 0.5 hours each from March 1, 2014, 4 hours each from March 1, 2015 to December 7, 2015, and 4 hours each from December 8, 2015 to December 31, 2016. < Amended by Act No. 13508, Dec. 31, 2016>
B. However, the above hours of recess under the labor contract were merely formal, and in fact there was no rest room for the plaintiffs in D apartment, and the plaintiffs continued to work without leaving the rest time.
C. Therefore, Defendant Han-dong is obligated to pay the Plaintiffs wages of KRW 7,693,920 calculated on the basis of the minimum wage amount as to the part of the Plaintiffs’ work during the recess hours from March 1, 2014 to February 28, 2015, and damages for delay from the next day of the delivery of the application for the purport of the instant claim and modification of the cause of the claim. Defendant Han-dong is obligated to pay the Plaintiffs wages of KRW 23,450,580 calculated on the basis of the minimum wage amount as to the part of the work during recess hours from March 1, 2015 to December 31, 2016, and damages for delay from the day of delivery of the duplicate.
3. Determination
(a) The term "working hours" means the hours during which a worker provides work under an employer's direction and supervision, and recess hours means hours during which the worker is free to use, as they are released from the employer's direction and supervision during working hours;