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(영문) 서울고등법원 2019.03.29 2018나2052441
임금
Text

1. The judgment of the first instance court, including the plaintiffs' claims reduced from the trial after remand, shall be modified as follows:

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the correction as stated in paragraph (2) and the addition of the decision in the trial after the remand as mentioned in paragraph (2).

B. 1) From the end of the 10th judgment of the first instance court, the first instance court’s “this court” is dismissed to “court of the first instance,” and the first instance court’s “judgment” is added to “attached Form 6, 7, 9, and 11. 2) In accordance with the purport of the reversal of the judgment of the first instance court, the first instance court’s judgment as to whether the hours worked at the end of the 11th judgment include hours at the end of the 7th judgment of the first instance court to the fourth end of the 14th to the fourth end of the 15th judgment is changed to the fourth sentence.

“A) Work hours” means the hours during which a worker provides labor under the direction and supervision of the employer, and recess hours refer to the hours during which the worker may freely use as a result of dismissal from the direction and supervision of the employer during work hours.

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 the actual time under the employer's direction and supervision should be regarded as 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 is the content of the employment 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 of the workplace, the employer's interference or supervision over the employed worker, whether or not there is a place for free use.

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