1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. The assertion;

A. From August 1, 2010 to January 31, 2015, Plaintiff A served as a medical care manager (only nursing staff; hereinafter referred to as nursing staff) in the E-convalescent hospital operated by Defendant C. From February 1, 2015 to December 31, 2015, Plaintiff A served as nursing staff in the F-convalescent hospital operated by Defendant D (hereinafter referred to as Defendant D only; hereinafter referred to as “Defendant D”); and Plaintiff B served as nursing staff in the E-convalescent hospital from September 1, 2012 to August 24, 2015.

B. In a convalescent hospital, there is no separate resting space that is distinguishable from the workplace, and the transport room inside the hospital is a resting place (the patient’s clothes, etc.) and provides the nursing service provider with a rest area.

However, Lnnn Line did not enjoy rest time since the space is narrow, the nursing workers stay together with 10 patients in the sick room, and the patient has to attend the hospital from time to time when the patient leaves the hospital, so it was not possible to enjoy rest time.

In addition, the Fvalescent hospital is hospitalized by 21-23 patients in the five sick rooms in the first floor, and two nursing workers are in the day, and one nursing worker is in the night.

However, at night, the nursing service is reported, such as reporting about about about 20 patients, and replacing a base return.

그리고 F요양병원은 간병인들에게 1층 방사선실에서 휴식을 취하라고 하지만 위험에 노출되어 있는 방사선실을 휴게공간이라고 볼 수도 없고, 또한 환자들이 호출하면 수시로 찾아가서 돌봐줘야 하기 때문에 휴게시간을 향유할 수 없고 오히려 근무대기시간이라고 보는 것이 타당하다.

C. Article 54(1) of the Labor Standards Act provides that “An employer shall allow a recess of not less than 30 minutes if working for not less than four hours, or a recess of not less than one hour if working for not less than eight hours, during work hours.” Article 54(2) provides that “A recess of not less than one hour may be freely used by an employee,” and the recess of not less than one hour shall continue to work.”