All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

1. As to the ground of appeal No. 1, Article 50 of the Labor Standards Act (1) does not exceed 40 hours excluding recess hours.

The phrase “working hours per day shall not exceed eight hours, excluding recess hours.” Paragraph (2) of the same Article provides that “In calculating working hours under paragraphs (1) and (2), waiting hours, etc. under the direction and supervision of the employer shall be deemed working hours for work.”

The term "working hours" means the hours for which a worker provides work under an employment contract after he/she is under the direction and supervision of the employer, and recess hours means the hours for which a worker may freely use, as they are relieved of from the direction and supervision of the

Therefore, even if a worker does not actually engage in work during working hours or waiting hours, it is not guaranteed the free use of the worker, and actually under the direction and supervision of the employer is included in working hours.

The time of break or waiting time prescribed in a labor contract is part of working hours, and it is not uniformly determined depending on the type of specific business or work.

This has interfered with the contents of the labor contract and the rules of employment and collective agreement applicable to the workplace, the contents of the work provided by the employee, the specific work method in the workplace, the employer's interference or supervision over the worker in the workplace, whether the worker has been able to freely use the workplace, and other practical rest of the worker.

Whether or not there are any circumstances to recognize the direction and supervision of the employer, and the extent thereof.