The defendant is innocent.

The defendant is a user who provides services, operates a parking lot, and engages in transportation business by using 1,650 full-time work as a representative director of a corporation in Yongsan-gu Seoul Metropolitan Government building B and D 10 floors in Dong C.

A week work hours shall not exceed 40 hours a week, and may be extended only within the limit of 12 hours a week, if there is an agreement between the parties.

From January 5, 2017 to March 31, 2017, the Defendant, employed the said D Co., Ltd. and operated the city bus for the E Station-F Station section, had G workers who operated the city bus for the entire 59.5 hours per week work for 12 hours of statutory extension.

The term "work hours" means the hours during which a worker provides labor under the direction and supervision of an employer, and the hours of recess refers to the hours during which the worker can freely use because the worker is relieved of the employer's direction and supervision during his/her working hours.

Therefore, even if a worker does not actually engage in the work during the working hours, the waiting time, rest, or surface time is not guaranteed to the worker free use, but is actually under the employer's direction and supervision, it should be viewed that it is included in the working hours.

It is not uniformly determined according to the type of specific type of business or work whether the break time or surface time defined in the labor contract belongs to the break time.

This is the content of the labor contract, the rules of employment and the collective agreement applicable to the workplace, the contents of the work provided by the worker, the specific work method in the workplace, the interference or supervision of the employer, whether the worker in the workplace has a place of rest freely available, and other matters that interfere with the actual rest of the worker or direction and supervision of the employer.