The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.

The grounds of appeal are examined.

1. Article 50(1) and (2) of the Labor Standards Act provides that work hours shall not exceed 40 hours a week, excluding recess hours, and work hours a day shall not exceed eight hours a day, excluding recess hours.

In calculating working hours in accordance with paragraph (3) of the same Article, the waiting time, etc. under the direction and supervision of the employer shall be deemed working hours for work.

Work hours refer to the hours for which a worker provides labor under an employment contract, under the direction and supervision of the employer, and recess hours refer to the hours for which a worker may freely use, as they are released from the direction and supervision of the employer during work hours.

Therefore, even if a worker does not actually engage in work during working hours or waiting hours, it is not guaranteed the free use of the worker, and the actual time under the employer's direction and supervision should be regarded as included in working hours.

The time of break or waiting time prescribed in a labor contract is part of working hours, and it is not uniformly determined depending on the type of specific business or work.

This has interfered with the contents of the labor contract and the rules of employment and collective agreement applicable to the workplace, the contents of the work provided by the employee, the specific work method of the workplace, the employer's interference or supervision over the worker in the workplace, whether the worker has a place of temporary rest freely available, and other practical rest of the worker.

In full view of various circumstances, such as whether there is any circumstance to recognize the direction and supervision of the user or whether there is any reason to recognize the direction and supervision of the user, and

(See Supreme Court Decision 2014Da74254 Decided December 5, 2017). 2. The following can be revealed by the reasoning of the lower judgment and the record.