The judgment below

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

The plaintiffs.

The grounds of appeal are examined.

1. As to the grounds of appeal by the plaintiffs, while the reorganization time before and after the commencement of the work is included in the working hours of the plaintiffs, the judgment of the court below which recognized only 10 minutes each time without recognizing 25 minutes each time as alleged by the plaintiffs is unlawful.

However, this is nothing more than a legitimate ground for appeal, which is merely a ground for appeal for the selection of evidence or fact-finding, which belongs to the lower court’s exclusive jurisdiction.

Furthermore, even if examining the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the Defendant’s ground of appeal

A. The gist of the Defendant’s ground of appeal on calculation of actual working hours is that the court below erred in the calculation method of actual working hours and the moving time between the vehicle calculated by the court below as included in the Plaintiffs’ working hours and the garage and the starting point.

However, this is nothing more than a legitimate ground of appeal, which is merely a ground of appeal for the selection of evidence or fact-finding which belongs to the court below's exclusive jurisdiction.

Furthermore, even if examining the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

(b) Work hours refer to the hours during which an employee provides labor under an employment contract while under the direction and supervision of the employer, and a recess means the hours during which an employee may freely use, as it is prevented from the direction and supervision of the employer during work hours;

Therefore, workers' free use of time is not guaranteed even if they do not actually engage in work during working hours or waiting time.