2010 Gohap569 Allowances, etc.

See Attached List of Plaintiffs

Law Firm Sejong, Attorney Park Jong-il, Counsel for defendant

[Defendant-Appellant]

1. Gangwon-do;

The representative of the Do Governor, the last order

2. Gyeonggi-do.

The representative of the Do Governor 1

[Defendant-Appellant]

Attorney Jin Jin Jin-Jin, Gin-Jin, and Min index

May 2, 2012

May 30, 2012

1. (a) Defendant Gangwon-do shall pay to the Plaintiffs each amount indicated in the “name of [Attachment 1] List 1 (1)” and each amount indicated in the “the claimed principal” column of (2) of the same list among the amounts stated in the “total sum of (4) of the same Schedule” to the Plaintiffs:

B. Defendant Gyeonggi-do shall pay each of the following amounts to the Plaintiffs listed in the “Name 2 List (1) of Attached 2 List”, and each of the amounts indicated in the “Joint Principal column of Claim (2) of the same Schedule, respectively, to the Plaintiffs, 5% per annum from May 1, 2010 to May 30, 2012, and 20% per annum from the following day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are dismissed.

3. 1/10 of the costs of lawsuit shall be borne by the Plaintiffs, and the remainder by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

Defendant Gangwon-do shall pay to the Plaintiffs each amount stated in the “name of Schedule 1 (1) of the Attached Table 1” and each amount stated in the “principal of the claim” column of Schedule 2 of the same Table among the amounts stated in the Plaintiffs as stated in the “name of Schedule 2 (1) of the Attached List.” Defendant Do shall pay each amount at the rate of 20% per annum from May 1, 2010 to the date of full payment with respect to each amount stated in the “name of Schedule 2 (1) of the Attached List 2 of the same List.”

1. Basic facts

A. The Plaintiffs are fire officers or their successors, who were currently serving or retired in each fire station to which the Defendants belong (only the deceased Lee Jong-sung died on November 9, 2010 during the instant lawsuit, and only the deceased deceased on November 9, 2010, Plaintiff U.S. heir of the deceased, this case, and this case’s lawsuit was pending).

B. Unlike public officials in general service, the Plaintiffs are public officials classified as the so-called "persons subject to present duty," whose excessive service is institutionalized due to the characteristics of duties to cope with emergencies, such as fire, disaster, etc., unlike those of public officials in general service.

C. The non-permanent fire officers work in the fire station in the form of two or three bridges a day, two workers who work in the two-day two-day and worked in the form of two-day one and twenty-four hours a day and work in the form of rest; three workers who work in the three-day two-day two-day one in the form of three, and one in the three-day two-day three, one in the weekly work from 09:00 to 18:00, two in the night work from 18:00 to 09:00 of the following day, and three in the form of three in the night work from 09:0 to 00 of the daily work.

D. Accordingly, the employees working for the third class unit work for about 240 hours each month (=24 hours X 30/3) and for about 48 hours each month, which is the average working hours of public officials who work for the branch office work for about 192 hours (=240 hours - 192 hours) as stipulated in the service regulations of public officials (=240 hours each month). The workers for the second class work for about 360 hours each month (=24 hours x 30 days/2), and for about 168 hours each month exceeding the average working hours (=360 hours - 192 hours). They work at night or on holidays.

E. The provisions pertaining to overtime work, night work, and holiday work allowances (hereinafter referred to as "excess work allowances") among the guidelines for handling local public officials' remuneration work (hereinafter referred to as "the guidelines in this case") established by the Minister of the Interior and Safety are as follows:

【Guidelines for Handling Local Public Officials’ Remuneration Affairs】

1. Work allowances (Article 15 of Regulations on Allowances, etc. for Local Public Officials);

(a) Persons eligible for payment;

A public official who has worked outside the working hours prescribed by the order;

*Work outside working hours: Hours outside working hours of public officials prescribed by the Ordinance on the Service of Local Public Officials

service means service.

* [Attachment I] Classification Table of Persons Eligible for Excess Work Allowances

(b) Amount paid;

C. Scope of recognition

(a) A person eligible for overtime work (limited to overtime work allowances);

In principle, a public official other than a person subject to ○○ Operations, who works in general hours of absence or retirement.

○ Payment of overtime work allowances only among overtime work allowances

Time of payment: It shall be recognized within 4 hours a day, 67 hours a month, and necessary for the reduction of budget, etc.

the head of the local government may reduce the time limit for payment, and the number of local public officials

Pursuant to Article 15 (2) of the Regulations on Political Parties, etc., the head of a local government within 150 percent;

In the event that the premium rate is adjusted within the extent, the maximum time for each premium rate shall be the following:

as the same shall apply.

A person shall be appointed.

(2) On-site workers (over-time work, night work, and holiday work allowances shall be applicable);

○ A public official whose excessive work in the nature of the work is institutionalized, such as a current agency, an employee, or a shift worker.

○ Scope of Recognition of Work Hours Allowances (Article 15(4) of Regulations on Allowances, etc. for Local Public Officials)

-monthly payment time: within budget limits;

Calculation of Payment Time Number

· overtime work for at least one hour a day, and the working hours shall be calculated per hour;

shall not be counted for less than one hour.

Hours after deducting working hours under the Regulations on the Service of Local Public Officials from the actual working hours (month);

shall be calculated as hours of overtime work.

Calculation Method: Total working hours (monthly) in the Local Public Officials Service Regulations;

The actual total working hours shall be the time of rest, etc. according to the type of duties of each agency.

the public official shall be excluded, and the public official shall have the total hours of actual service who has been on a monthly basis.

For the same working hours, the holiday work allowance and the sick payment rate shall be paid.

The working hours under the Local Public Officials Service Regulations are Articles 2 and 3 of the Local Public Officials Service Regulations.

It shall be calculated in accordance with the regulations, but the provisions of Article 2 of the Regulations on Holidays of Government Offices.

Leave Period and Decree on the Appointment of Local Public Officials under the Act on Holidays and Local Public Officials

The period of education under Article 2 (1) 4 shall be excluded.

2. Night work allowances (Article 16 of the Regulations on Allowances, etc. for Local Public Officials);

(a) Persons subject to payment: Persons who work only at night and persons who work at night as full-time workers in a week or night;

(only a person eligible for free trade practice)

* Scope of night: 22:00 to the next day 06:00

(b) Amount paid: At night service, it shall be based on 8 hours a day (22:00~06:00) and at night for per hour;

The unit price per hour shall be calculated on the basis of x 1/226x 0.5 of the standard amount, and overtime work allowances within budgetary limits;

Diplomatic Payment

C. Scope of recognition

○ A person who has appropriated the night work allowance budget and has worked on a regular working hours at night (22:0 to 06:00).

shall be paid by calculating actual night working hours only for any person who is free of charge.

* A person who works at night on a regular basis: A person who works only at night, a week, or a night-time worker;

Night workers;

3. Holiday work allowances (Article 17 of the Regulations on Allowances, etc. for Local Public Officials);

(a) Persons eligible for the payment (limited to those eligible for the current business);

A person who works on a holiday (excluding where a holiday is replaced on a holiday after the holiday duty).

* Scope of holidays: Holidays under the Regulations on Holidays of Public Offices

[Francing, 3, Section 1, 3, 3, 3, 3 and 5, 1 January 1, 400, 500, 500,0000,0000,000

(The last day of December, 190, January 1, 200), tin (the 8th day of April, 200), children’s day (the 5th day of May), and stowing.

Day ( June 6), the day preceding tin, the day following the tin, the day following the tin ( August 14, 15, the 16th day of the year), and the date of the mintan;

(25 December 25), the election day of the election at the expiration of the term under Article 34 of the Public Official Election Act, and other government;

from time to time]

(b) Amount paid: x 1/30 of the standard amount of salary x 1/30 for a day on which a holiday service is made x 1.5;

* In case of overtime work allowances and sick pay for the same working hours * In case of overtime work hours

C. Scope of recognition

○ A person who has appropriated the holiday work allowance budget and has worked particularly on a holiday in accordance with an order to work.

The actual number of working days shall be calculated and paid to one person.

-Working Hours: Hours corresponding to the ordinary working hours under the Ordinance on the Service of Local Public Officials (09:00~ 18:00)

A holiday work shall be one day only in case of service. Other working hours shall be overtime work hours.

Payment shall be made.

* If a person whose holiday is on a regular working day and whose holiday is on an alternative holiday is on a holiday duty

shall not be payable the same allowance.

F. The Defendants, based on the instant processing guidelines, have set the respective criteria for the payment of overtime work allowances, and have paid only the excess work hours to the original members below the actual overtime work hours.

G. The Defendants, based on fire officers’ service regulations, implement a chronological cooperation system that sets forth the sequence of fire officers on the basis of fire officers’ service regulations and allows them to take two-dimensional leave on February 3.

H. Relevant statutes

▣ 지방공무원법

Article 44 (Principles of Determination of Remuneration)

(1) Remuneration of public officials by rank, by position, or by class of duty, shall be commensurate with the complexity of duties and the degree of responsibility.

shall be determined by type: Provided, That the degree of difficulty and responsibility of duties is very special, or any vacancy is filled.

The appointment of public officials engaged in the duties entrusted and public officials in the series of research or special technical skills referred to in Article 4 (2).

The number may be separately determined.

(4) All money shall not be in compliance with the provisions concerning remuneration prescribed by this Act or other Acts and subordinate statutes.

B. They may not be paid as remuneration for public officials even if they are valuables.

Article 45 (Provisions concerning Remuneration)

(1) Matters concerning remuneration of public officials shall be prescribed by Presidential Decree:

1. Matters concerning salaries, salary classes and raises in salary;

2. Matters concerning allowances; and

3. Matters concerning payment method, calculation and other matters concerning the payment of the remuneration.

▣ 지방공무원 보수규정

Article 30 (Payment of Allowances)

(1) In addition to a salary, necessary allowances may be paid to public officials within budgetary limits.

(2) Types, scope of payment, amount of payment, and other allowances to be paid under paragraph (1) shall be paid in accordance with the payment of such allowances.

Matters necessary for such action shall be prescribed separately by Presidential Decree.

▣ 구 지방공무원 수당 등에 관한 규정(2011. 1. 10. 대통령령 제22620호로 개정되기 전의 것, 이하 같다)

Article 15 (Overtime Work Allowances)

(1) A person who has worked outside working hours prescribed by an order to work shall be employed within budgetary limits.

The extra duty allowances shall be paid.

(2) The overtime work allowance shall be 70 percent per hour of the salary of the standard salary class applied to the relevant public official.

(5) Grade 5 or 6 of the annual salary of the public officials in contractual service appointed to the open-type position among the public officials in contractual service.

In the case of a party, the standard salary class for the class equivalent to the annual salary grade 70 percent, and in the open-type position.

A public official who is not a public official in contractual service appointed shall refer to 50 percent of the amount corresponding to 70 percent, and hereinafter referred to as "salary;

1/226 of the standard amount (hereinafter referred to as "standard amount") shall be paid by 150%, but the head of a local government shall be necessary.

In such cases as prescribed by the Presidential Decree, the payment may be made by adjustment within the scope of 10 percent through 150 percent.

(6) Necessary matters concerning the payment standards for overtime work allowances, payment methods, collection in cases of unfair receipt, etc.

The head of a local government shall determine the paragraph within the extent determined by the Minister of Public Administration and Security.

Article 16 ( Night Work Allowances)

(1) Examples shall be given to persons who work only at night or persons who work at night as workers on day or night-time replacement.

Night work allowances shall be paid within the limit of a mountain.

(2) Night work shall be based on eight hours a day, and with respect to such cases, the salary season under Article 15 (2) for per hour shall be the same as that of an

1/226 of an amount equivalent to 1/226 shall be paid.

Article 17 (Holiday Work Allowances)

(1) Within budgetary limits, a holiday work allowance shall be paid to persons who work on holidays.

(2) With respect to a holiday work allowance, 15 percent of the basic salary rate referred to in Article 15 (2) shall be 15 percent per day.

Payment shall be made.

(3) Matters necessary for the payment of holiday work allowances, such as payment method thereof shall be determined by the Minister of Public Administration.

▣ 지방재정법

Article 36 (Compilation of Budget)

(1) Local governments shall calculate expenses according to reasonable standards within the extent prescribed by statutes and municipal ordinances.

shall be included in the budget.

▣ 지방공무원 복무규정

Article 2 (Work Hours, etc.)

(1) A public official shall work a week for 40 hours except for occupancy and exit hours, and a Saturday shall have a holiday.

In principle,

▣ 소방공무원 복무규정(2009. 3. 31. 대통령령 제21380호로 전문개정된 것 )

VI.(Service on an educational system)

(1) The head of a fire agency shall require the prevention, alert, and extinguishment of a fire, or a disaster, calamity, and other disasters.

If necessary to effectively perform rescue operations and emergency medical services in an urgent situation, the action under his/her jurisdiction;

The term "second-class system" means a system in which public officials work alternately for 24 hours, divided into two groups; hereinafter the same shall apply.

c) the three comparisons or three comparisons (which are divided into three groups and worked alternately for a given time).

A person may be allowed to work.

(2) For fire officials who work for the second replacement system under paragraph (1), the number of years of service shall be set and periodically work days.

A leave may be made to the public: Provided, That in cases of emergency service, the same shall not apply.

(3) The scope and methods of performing shift systems, and other matters necessary for performing shift systems shall be determined by the Administrator of the National Emergency Management Agency.

(c)

▣ 외근 소방공무원 휴가 등 복무관련 예규(소방방재청 예규 65호 )

2. The definitions of terms;

(a) Overseas service: Nighttime, Saturday and day in order to effectively cope with emergencies, such as fire, disaster, etc.;

The form of shift work of fire officers who maintain a full-time working system regardless of holidays;

(b) Leave: Separate for maintaining health, such as recovering from accumulated illness, even though he/she falls on the working day;

It shall be free to leave from work for a designated period of time;

(c) No time: The day on which a shift worker works in accordance with a certain plan or a certain time;

Full-time work (09:00 to 09:00 on the following day), weekly work (09:00 to 18:00 hours), night work (18:00 hours)

Japan includes 09:00 15 hours)

(d) No. 1: Free to leave until a shift worker commences the following work in accordance with a certain plan;

(e) Serial alliance: A leave of absence at least three times per two months for workers on the two-dimensional basis;

[Grounds for Recognition] Facts without dispute, each entry of Gap evidence 1 to 9 (including each number), and the purport of the body before oral argument

2. The parties' assertion

A. The plaintiffs' assertion

The plaintiffs not only worked much more than working hours under the Local Public Officials Service Regulations while serving in the second or third class positions, but also worked at night or on holidays, but the defendants have paid the excess working hours only during a part of the actual overtime working hours for budgetary reasons.

Therefore, the Defendants are obliged to pay the difference calculated by subtracting the fixed-term overtime service from the excessive service hours for the actual excessive service hours, and damages for delay to the Plaintiffs.

B. The defendants' assertion

Articles 15 through 17 of the former Regulations on Allowances, etc. for Local Public Officials stipulate that overtime work allowances, night work allowances, and holiday work allowances shall be paid within budgetary limits. Article 15(6) of the said Regulations delegates the standards for the payment of overtime work allowances and the method for payment thereof to the head of a local government within the scope determined by the Minister of the Interior and Safety. Article 17(3) of the said Regulations delegates the authority to determine the method, etc. for payment of overtime work allowances to the Minister of the Interior and Safety. In addition, the instant guidelines established by the Minister of the Interior and Safety according to such comprehensive terms and conditions have effect as an order to laws and regulations in combination with the said provisions. Since the instant guidelines established by the Minister of the Interior and Safety have been established by comprehensively considering the actual working hours, budgetary circumstances, equity with general public officials, nature of overtime work allowances, and other general circumstances, the Defendants are obliged to pay early and overtime work allowances in accordance with the specific standards set forth in the instant guidelines, and there is no obligation to pay overtime work allowances or pay overtime work allowances.

Even if the overtime work allowance should be paid for the part beyond the instant processing guidelines, the overtime work hours should be calculated on the basis of actual working hours, excluding approximately three hours of water surface hours, meal hours, break time, etc., and the number of hours of leave pursuant to the implementation of the Nos. 1 and 2 should also be excluded from the actual working hours.

3. Determination

A. The Defendants’ obligation to pay the unpaid excess duty allowance occurs

(1) Applicable statutes

As a public official is an employee under Article 2(1)1 of the Labor Standards Act that provides labor for the purpose of wages, in principle, the Labor Standards Act is applied unless it is contrary to its nature. However, as seen earlier, there are special provisions in the Local Public Officials' Remuneration Regulations and the Local Public Officials' Allowances, etc. As to the above excessive service allowances, the Defendants' obligations to pay the excessive service allowances to the members of the Commission and the scope thereof shall be governed by the Local Public Officials' Remuneration Regulations and the Local Public Officials' Allowances, etc. (see Supreme Court Decision 94Da446 delivered on April 23, 196).

(2) The meaning of "within budgetary limits"

Articles 44(4) and 45(1) of the Local Public Officials Act provide that the local public officials may pay necessary allowances, other than salary, within budgetary limits, as long as they reach the remuneration for the local public officials, and Article 30 of the Local Public Officials Remuneration Regulations provide that “The public officials may pay necessary allowances, other than salary, may be paid within budgetary limits.” The provisions on the former Local Public Officials’ Allowances, etc. provide that the types of allowances, the scope of payment, the amount of payment, and other matters necessary for the payment of allowances, shall be separately prescribed by the Presidential Decree. The provisions on the former Local Public Officials’ Allowances, etc. provide that the overtime work under Article 15, the night work allowance under Article 16, the hours work allowance under Article 17, and the hours work allowance under Article 17, shall be calculated within budgetary limits for those who work on holidays. Meanwhile, Article 36(1) of the Local Finance Act provides that local governments shall calculate expenses within the scope of reasonable standards and include them in the budget.

In full view of the provisions of the relevant Acts and subordinate statutes, the meaning of the above "within the scope of the actual budget" cannot be interpreted as "within the scope of the budget compiled", and the above "excess work allowances" should be interpreted as "excess work allowances" (referred to as "excess work allowances" in the budget and goals). Therefore, if a local public official actually performed overtime work under a work order and was included in the budget items, the local public official may seek payment of excess work allowances for the hours during which the local government actually worked in excess of the actual working hours, regardless of the fact that the local government organized the budget only for overtime work allowances for the hours during which the local government actually worked in excess of the actual working hours (see Supreme Court Decision 2005Da9227, Sept. 10, 200).

(3) Whether the instant guidelines are legal or not

The so-called administrative rules, which are issued by a superior administrative agency on the basis of the administrative guidelines or the interpretation and application of statutes with respect to subordinate administrative agencies, are generally effective only within the administrative organization and do not have external binding power. However, if a provision of statutes grants to a specific administrative agency the authority to determine the specific matters of the statutes and does not specify the procedure or method for the exercise of such authority, and so the delegated administrative agency specifically provides for the matters to be the contents of the statutes in the form of administrative rules, such administrative rules have the function to supplement the contents of the statutes by the effect of the statutory justice that grants the administrative agency the authority to supplement the specific matters of the statutes, not by the general effect of the administrative rules mentioned above, but by the effect of the administrative rules that grant the administrative agency the authority to supplement the specific matters of the statutes (see, e.g., Supreme Court Decision 2006Du3742, 3759, Mar. 27, 2008).

Article 15(6) of the former Regulations on Allowances, etc. for Local Public Officials delegates to the head of a local government for the provision of overtime work allowances within the scope determined by the Minister of the Interior and Safety. However, since the right to claim allowances is paid for the provision of labor, the scope of the right to claim allowances is bound to be determined depending on the amount of provision of labor. If the head of a local government establishes overtime work allowances itself or limits the scope thereof pursuant to the above provision, the head of a local government has discretion to pay remuneration by restricting the scope of provision of overtime work allowances. In light of the above provisions, Article 15(6) of the above Regulations is not consistent with the legal principles and system of the working conditions prescribed by the Local Public Officials Act, it is reasonable to view that Article 15(6) of the above regulations delegates to the Minister of Public Administration and Security and the head of a local government organization in order for the purpose of the language and text, it does not mean that the right to claim allowances itself or it does not mean any content that

(4) The theory of lawsuit

Therefore, the Defendants cannot refuse the payment of the Plaintiffs’ allowances on the ground of the content of the instant processing guidelines, and regardless of the scope formulated in the budget, the Defendants are obliged to pay the Plaintiffs the unpaid overtime allowances and damages for delay as much as the remainder calculated by deducting the excess work allowances already paid from the reasonable excess work allowances, regardless of the scope of the budget.

(b) Calculation of unpaid excess duty allowances;

(1) The basic calculation method

In full view of the above facts recognized and the provisions of relevant Acts and subordinate statutes, the calculation formula is as follows.

○ Excess working hours for which overtime duty is unpaid = Actual working hours (month) - Working hours under the Regulations on the Service of Local Public Officials - The overtime working hours during which overtime duty is paid.

○ The actual working hours (monthly) = The working hours per hour + Other overtime working hours (the no-day business trip hours + the non-day emergency mobilization hours).

○ Working hours under the Regulations on the Service of Local Public Officials = Work hours on the Regulations on the Service of Local Public Officials - Leave hours on a legal holiday, a leave period under the Ordinance on the Service of Local Public Officials - Outing and early leave hours, and early leave hours

(2) Whether the period of leave on the date of closure is included

(A) In calculating the specific hours of overtime work, the Plaintiffs asserted that the two-time overseas fire fighters’ two-time overtime work should be excluded from the working hours (monthly) under the Local Public Officials’ Service Ordinance, since the period of leave under the Local Public Officials’ Service Ordinance or its equivalent or it has the nature of a paid holiday under Article 55 of the Labor Standards Act.

(B) According to Article 6(2) of the Regulations on the Service of Fire Officials, and Article 2(5) of the Regulations on Non-permanent Leave for Non-permanent Fire Officials, the term “net leave” means that the two-time fire officials were on duty in the order of 24 hours and 24 hours and 24 hours and on the 3rd order of February when they were on duty, they were on duty, and they were on duty only once on the 5th order of their own. Such an order of non-regular leave is similar to the two-time fire officers’ non-regular leave or the Saturday leave of public officials in general service, and the above non-regular or Saturday leave is similar to the period of leave under the Local Public Officials Ordinance on the Service of Local Public Officials, as it does not fall under the period of leave under the Local Public Officials, it cannot be deemed that the kinds of leave under the Regulations on the Service of Local Public Officials are included in the number of annual leave, vacant leave, sick leave, special leave, or any other similar one, and it cannot be deemed as a paid holiday under Article 555 of the Labor Standards Act.

(C) Therefore, this part of the plaintiffs' assertion is without merit.

(3) Whether meal hours and water surface hours are deducted during working hours

(A) The Defendants asserted that the hours of meals and water surface hours in the night atmosphere should be deducted from the hours of the plaintiffs' actual work and set off hours of overtime work by calculating the hours of the plaintiffs' actual work, taking into account the fact that the plaintiffs during their working hours have been engaged in invasion, occupation, and low meals and can take waters at night.

(B) Even if a worker does not actually engage in work during working hours, such hours are not guaranteed to the worker free use as a rest time, but are actually placed under the employer’s direction and supervision, it is reasonable to deem that such hours are included in working hours (see, e.g., Supreme Court Decision 2006Da41990, Nov. 23, 2006).

With respect to the instant case, it is not sufficient to recognize that the Defendants guaranteed the free use of the night time and meal time by only the health stand, Eul evidence Nos. 2 and 3, and there is no other evidence to acknowledge otherwise.

Rather, considering the following circumstances, Gap evidence Nos. 9 through 24 (including the number of branch offices) comprehensively and the overall purport of arguments, i.e., ① Rules of the National Emergency Management Agency (No. 196 of the Directive of the National Emergency Management Agency enacted on March 2, 2010) ensure that non-permanent fire officials work in order to effectively respond to the external emergency situations, such as fire, disaster, and other emergency situations. Here, the term “regular work” means work that must be carried out in 24 hours, or work that must be carried out on a regular basis regardless of the night, Saturdays and holidays, and it is also necessary to ensure that the employees on the spot are in the direction of the National Emergency Management Agency to immediately move out to the scene in preparation for mobilization of the fire officers at the night, and to ensure that the employees on the spot are under the direction of the National Emergency Management Agency or within a certain distance of time during which they are under the direction of the National Emergency Management Agency, and to ensure that the employees on the spot are under the direction of the National Emergency Management Agency within 20 hours during the night.

(C) Therefore, this part of the Defendants’ assertion is without merit.

(4) Whether the overtime work allowance and the holiday work allowance are sick

(A) The Defendants asserted that the instant processing guidelines prohibit overtime work and holiday work allowances for the same working hours, and thus, cannot include overtime work hours in calculating overtime work hours.

(B) The above provision provides that the overtime work allowance shall be paid to a person who has worked outside the working hours stipulated by the order of service, and a person who has worked on a holiday work allowance shall be paid to a person who has worked on a holiday, respectively. Accordingly, the above provision provides that a person who has worked on a holiday shall be deemed to have the right to claim the payment of the pertinent allowance naturally at the time of overtime work and holiday work. The above provision on the treatment of this case, which provides the two higher rank together, is limited to the scope of the right to claim the allowance, and legal nature

(C) Therefore, the defendants' above assertion is without merit.

(5) Calculation of a specific excess service allowance.

As seen earlier, the service hours under the Local Public Officials Service Regulations do not deduct the business day from the business hours of the plaintiffs, but include all the meals and water surface hours of the plaintiffs during the actual working hours. The fact that the amount of each unpaid overtime work allowance calculated according to the plaintiffs' actual overtime work hours is the amount indicated in each subparagraph (2) in the attached Form No. 1 in the attached Form No. 2, and that each of the above unpaid overtime work allowances is the amount of money indicated in each subparagraph (2) in the attached Form No. 1 in the corresponding month of the relevant monthly unpaid work allowances for each month (i.e., the previous month) and the first day (i.e., the beginning day of January 1, 2007 the unpaid work allowances for the late payment damages for the late payment of April 30, 207) as the base day for each of the above unpaid overtime work allowances for the plaintiffs, at the rate of 5% per annum under the Civil Act as claimed by the plaintiffs until April 30, 2010.

C. Sub-committee

Therefore, Defendant Gangwon-do has a duty to pay damages for delay calculated at a rate of 20% per annum as stipulated in the Civil Act from May 1, 2010 to May 30, 2012, the date of this decision by which the Defendants dispute over the existence and scope of the obligation to pay damages for delay on each of the following amounts as stated in the "total (4) of the separate sheet No. 1 in the separate sheet No. 1 in the separate sheet No. 1 in the separate sheet No. 1 in the separate sheet No. 1 in the same list No. 1 in the same list No. 1 in the separate sheet No. 1 in the above list No. 1 in the above list No. 201300, May 30, 2012; and damages for delay calculated at a rate of 10% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings where the next day is fully paid.

4. Conclusion

Therefore, each of the plaintiffs' claims against the defendants is justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

Kim Jong-hun (Presiding Judge)

E. E. Lighting fever

Korean-style houses