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1. As to KRW 6,969,120 and KRW 6,104,720 among them, the Defendant shall pay to the Plaintiff the year from June 1, 2010 to July 23, 2015.
Reasons
Basic Facts
The plaintiff is a fire officer who belongs to the mine fire brigade in the jurisdiction of the defendant from December 2, 2006 to April 2008 and works for outside work, and currently works for the Seoul Special Metropolitan City.
Unlike a public official in general service (general subject), who is in principle assigned to overtime service, a fire officer outside the country shall be classified as a so-called "person subject to actual service," whose overtime service should be institutionalized in light of the nature of his/her duties to cope with emergency situations, such as fire and disaster.
A fire-fighting officer in the form of service for the off-duty fire-fighting officer shall serve as a two-party or a three-party assignment system.
① Workers in the second class system shall be divided into two groups, work for 24 hours a day, work for 24 hours a day in the form of rest (24 hours a day), for workers in the third class system divided into three groups, work for 9 hours from 09:00 to 18:00 a day (work for 18:00 a day following the work) for the first day, the second day shall work for 15 hours a day from 18:00 a day to 09 a day following the second day, and the third day shall work for 24 hours a day after the said night work (24 hours a day).
The monthly average working hours of the public officials stipulated in the Local Public Officials Service Regulations are about 173 hours, and the out-of-duty fire officers are about 360 hours each month when they work for the 2nd class system according to the above working type (=24 hours x 30 days/2), and around 240 hours each month when they work for the 3rd class system (=24 hours x 30 days/30 days) and work for the 240 hours each month when they work for the 3rd class system.
Articles 15 through 17 of the former Regulations on Allowances, etc. for Local Public Officials (amended by Presidential Decree No. 22620, Jan. 10, 201; hereinafter “Allowance Regulations”) of the Defendant’s payment of allowances to the Plaintiff are as follows: “A public official shall be paid overtime work allowance, night work allowance, and holiday work allowance (hereinafter “excess work allowance”) within budgetary limits.”