1. All of the plaintiffs' claims are dismissed.

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

1. Basic facts

A. The defendant is a company running a medical care for the aged, a medical care for the aged, a nursing-oriented business, etc.

B. From July 6, 2013, Plaintiff A worked as a caregiver by the Defendant’s introduction from June 5, 2016 to July 30, 2017, the Plaintiff B served as a caregiver at the Seo-gu Daejeon Hospital (hereinafter “instant hospital”).

The Defendant entered into a contract with the instant hospital, etc. that provides nursing service for a period of one year, and had nursing workers, including the Plaintiffs, work at each of the above hospitals. After receiving nursing expenses from each of the above hospitals, the Defendant paid approximately 90% of them to the nursing workers, including the Plaintiffs.

Accordingly, the Defendant received approximately KRW 1,380,000 per month, and KRW 1,30,000 per month, respectively.

C. The Plaintiffs worked at the instant hospital at around 06:30 and around 07:00, and were retired from the work at around 06:30 to 07:00 on the following day after working at the instant hospital for 24 hours.

The Plaintiffs were in charge of one hospital room of each of the instant hospitals (7 to 8 patients), and were living together with the patients while replacing their meals, bathing, and diapers, etc., and at night, the Plaintiffs were in charge of water surface in the auxiliary beds in the sick room.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The 1st Plaintiffs asserted by the parties are the employees employed by the Defendant Company and worked at the instant hospital. Since the instant hospital only worked for 24 hours in the instant hospital and was granted 1.5 hours such as meal hours, it actually worked for 22.5 hours in each working day.

However, since the defendant paid the plaintiffs wages of 10.5 hours per working day, the defendant shall pay the plaintiffs the remaining 12 hours per working day.