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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are the Defendant’s United Nations engaging in the development of computer hardware and software products.
Plaintiff
A, D, and J under the control of PFE (Preer Field Enging), when the software sold by the Defendant is hindered, they directly visited the customer and performed the duties to solve the problem (hereinafter “PFE Plaintiffs”), and the rest of the Plaintiffs performed such duties remotely through their computers, etc. under the control of the SS (Cusomer Service Group Report) department.
(hereinafter referred to as "the plaintiffs belonging to the CSS"). (b)
The Plaintiffs, from 6 p.m. to 6 p.m. on the following day from 9 p.m. to 6 p.m., after the regular working hours for each department (from 9 p.m. to 6 p.m.), had determined the UN to be in charge of affairs related to disability resolution at 9 a.m. or on the following day, and, in fact, at the time of the receipt of a disability,
(hereinafter collectively referred to as "air service"). (c) In general, air service shall be referred to.
In relation to waiting service, the Defendant paid the Plaintiffs a waiting allowance of KRW 10,000 per day and KRW 30,000 per day, and actually paid overtime and night work allowances for the time when performing disability resolution work.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 3, 16 to 18, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiffs were waiting after regular working hours under the direction and supervision of the Defendant.
The intensity of labor could not be deemed to be lower than that of ordinary work, such as performing an average of 40% compared to ordinary work, and there was a significant temporary restriction, such as participation in the Nowon-gu and the need to be in an environment where high-speed Internet access is possible, and thus, the waiting time was not freely used to perform the actual work.
Therefore, the plaintiffs do not perform their duties while waiting.