The judgment below

This part of the claim for overtime pay during holiday work is reversed, and this part of the case is reversed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. In full view of the contents, structure, and purport of Articles 50(1), 42(1), 55, and 56 of the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “former Labor Standards Act”); the legislative intent and purpose that can be known through the legislative amendment history and purpose; awareness of the parties in labor relations; and the existing labor practices, it is reasonable to deem that holiday work hours are not included in “40 hours of standard work between one week” under Article 50(1) and “12 hours of overtime work between one week” under Article 53(1) of the former Labor Standards Act.

Therefore, for holiday work performed in excess of standard working hours per week, premium pay for overtime work, in addition to premium pay for holiday work, cannot be paid in duplicate.

(See Supreme Court en banc Decision 2011Da112391 Decided June 21, 2018). 2. According to the reasoning of the lower judgment and the record, the following facts are revealed.

The plaintiffs are those who retired while working as street cleaners under employment of the defendant or their successors.

B. The Defendant implemented a weekly 40-hour work system in accordance with the collective agreement concluded with the labor union to which the Plaintiffs or their decedents (hereinafter collectively referred to as “Plaintiffs”) belong and the Ministry of Government Administration and Home Affairs (current Ministry of Public Administration and Security) as reference materials for compilation of the labor cost for street cleaners in 2006 and set Saturdays and Sundays as paid holidays.

Plaintiff

The side worked on Saturdays and Sundays for more than 40 hours a week from April 2006 to retirement.

C. The Defendant did not calculate overtime work allowance regardless of whether the Plaintiff’s holiday work exceeds 40 hours a week and paid holiday work allowances only.

3. The above.