(영문) 대법원 2018.8.1.선고 2015다201237 판결

(1) As to the plaintiffs' assertion that holiday work hours should be paid in duplicate with 150% of holiday work allowances and 50% of overtime work allowances exceeding 40 hours per week, the court below held that since the plaintiffs' holiday work hours exceeded 40 hours per week on the grounds in its reasoning, the plaintiffs' holiday work hours should be paid in parallel for holiday work hours with premium pay for holiday work hours and overtime work hours.

(2) However, it is difficult to accept the above determination by the lower court for the following reasons.

The hours of holiday work under the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “former Labor Standards Act”) shall be deemed not to be included in standard weekly working hours and weekly overtime working hours. As such, premium pay for holiday work and overtime work cannot be paid in duplicate (see Supreme Court en banc Decision 2011Da12391, Jun. 21, 2018).

Nevertheless, the lower court erred by misapprehending the meaning of “one week” as stipulated in Articles 50 and 53 of the former Labor Standards Act, and the legal doctrine on the payment of respective premium pay based on holiday work and overtime work under Article 56 of the former Labor Standards Act.

Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench