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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is a medical corporation operated from April 1987 to Osan City Industrial Complex 69-27 (Vacancy) with 90 full-time employees at the time of the instant hospital (hereinafter “instant hospital”).
B. On May 7, 2001, the Plaintiff obtained approval from the Defendant for exclusion from the application of the provisions on work hours, rest hours, and holidays as stipulated in Chapters IV and V of the former Labor Standards Act (wholly amended by Act No. 8372, Apr. 11, 2007; hereinafter the same) on the ground that the Plaintiff constitutes “persons engaged in surveillance work” as stipulated in Article 61 subparag. 3 of the former Labor Standards Act (wholly amended by Ordinance of the Ministry of Labor No. 281, Jul. 24, 2007; hereinafter the same) and Article 12(2) of the former Enforcement Rule of the Labor Standards Act (wholly amended by Ordinance of the Ministry of Labor No. 281, Jul. 24, 2007).
C. On November 7, 2017, the Defendant received the petition from the guardian working at the instant hospital, investigated the forms of work, working conditions, etc. of the guardians working at the instant hospital, and then revoked the Plaintiff’s approval retroactively on November 7, 2017, on the ground that “A patient surveillance company is mainly engaged in the patient surveillance business, but the patient’s mental tension that is unable to neglect surveillance due to the characteristics of the hospitalized patient is required, and the patient surveillance service is concurrently engaged in other duties, and the rest time that the worker may freely use is not at least eight hours, and thus cannot be deemed as a surveillance worker as stipulated in Article 63 subparag. 3 of the Labor Standards Act.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Summary of the Plaintiff’s assertion 1.