The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Daegu High Court.

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

1. Regarding ground of appeal No. 1

A. Article 50(1) and (2) of the Labor Standards Act provides that working hours per week shall not exceed 40 hours, excluding recess hours, and working hours per day shall not exceed eight hours, excluding recess hours.

In calculating working hours in accordance with Article 1(3) of the same Act, the waiting time, 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's break time or waiting time is not actually engaged in work during the working hours, it should be viewed that it is included in the working hours if the worker is actually under the direction and supervision of the employer, not the free use of the worker.

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 based on various circumstances, including the content of labor contract and rules of employment and collective agreement applicable to the workplace, the details 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 a place of recess freely available, and whether there are circumstances that interfere with the worker's actual rest or order and supervision, and the extent thereof.