1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

The basic fact is that the plaintiffs (appointed parties) and the designated parties listed in the list 3 through 20 of the 1st designated parties (hereinafter referred to as the "Plaintiffs, etc.") are those appointed by the Road Manager or the Road Repair Board under the jurisdiction of the Ministry of Land, Transport and Maritime Affairs under the Seoul Metropolitan Government Office of Land, Transport and Maritime Affairs.

Plaintiff

They worked in a fixed-type inspection station and mobile control team in the form of weekly work, night work, and rest 3:1 day and 20 hours from the following day to the beginning of weekly work. They worked in each of 09:0 to 17:00, and night work 17:00 to the next 09:00, and rest 24 hours from the following day to the beginning of weekly work.

[Ground of recognition] Facts without dispute, assertion of the purport of the entire pleading, and assertion by the plaintiff et al., the plaintiff et al. were employed at night in accordance with the two-day work hours per day, which exceed eight hours per day under the Labor Standards Act, even though they worked for each night work day in excess of eight hours per day, the defendant recognized only the working hours per day after subtracting the number of days of night work after the night work from the Saturday and the number of Sundays, as overtime work hours, and did not pay overtime work allowances for the extended work hours of the plaintiff et

Meanwhile, a labor contract entered into between the plaintiff et al. and the defendant is a fixed-amount contract under which the plaintiff et al. provide a service for a certain period of time and provide the agreed remuneration, and that the daily working hours fall short of 40 hours is attributable to the defendant's intent, which is the employer. Thus, the reduction of wages for short working hours or appropriation for extension of working hours as wages cannot be permitted as contrary to the fixed-amount contract, and even if the total working hours exceed 40 hours per week, it shall be excessive working hours.