1. The defendant shall set up a table of calculation of overdue wages in attached Form 3 to 20 on the plaintiff (appointed parties) and the list of Appointors.

1. Basic facts

A. The Plaintiffs (Appointeds) and the designated parties indicated in the list of the 3 to 20 (hereinafter “Plaintiffs, etc.”) are those who were appointed and worked as road managers or road repair staff at the Governmental State Office under the jurisdiction of the Ministry of Land, Transport and Maritime Affairs under the Seoul Metropolitan Government Office of Land, Transport and Maritime Affairs.

B. The Plaintiff et al. served in a fixed-type inspection station and mobile control team in the manner of weekly work, night work, and three resting tanks one day, which are located in the second class. The weekly work group was in service from 09:0 to 17:00, and the night work group from 17:00 to 09:00 on the following day, and the rest group was in service for 24 hours from 09:00 to 00 on the following day after the night work.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. In the event that the plaintiffs' assertion that they worked at night according to the two-day work system, each night work day exceeds eight hours per day under the Labor Standards Act, the defendant recognized only the working hours as extended work hours for the number of days after subtracting the number of days of night work from the Saturday and the number of Sundays of that month, and recognized only the hours after subtracting the number of days of night work after night work as overtime work hours, in the case of the mobile control group, which is a work system to which the rest time cannot be applied, and did not pay overtime work allowances for the extended work hours of the plaintiffs, etc.

B. The Defendant’s assertion that “one day” under Article 50(2) of the Labor Standards Act means, in principle, from 00:0 to 00:00 a day following the day on the basis of self-determination, the continuous work on the day and the next day shall be deemed one day only when continuous work before and after the self-determination places an excessive burden on the worker. As a result, when calculating the number of overtime work hours of the Plaintiff et al. based on self-determination, the number of hours per day does not exceed eight hours, and there does not occur statutory excess work hours for night work of the Plaintiff et al.