1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. The Defendant is a company established for the purpose of manufacturing software and hardware for automatic control of buildings and wholesale and retail business.

The Plaintiffs were employed and employed by the Defendant, and Plaintiff A retired on December 31, 2018, and Plaintiff B retired on September 30, 2018.

B. From January 1, 2016, the Defendant paid monthly salary to the Plaintiffs from January 1, 2016 to the retirement day of the Plaintiffs.

The items of the above benefits include basic pay, bonuses, food allowances, and technical allowances, but did not include overtime allowances, holiday allowances, etc.

【Ground for recognition】 The fact that there is no dispute over the grounds for recognition, entries in Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiffs’ assertion, although they provided the Defendant with overtime work and holiday work as indicated in the separate sheet from January 1, 2016 to each retirement date, they did not receive overtime work allowances and holiday work allowances from the Defendant under the Labor Standards Act.

Therefore, the Defendant is obligated to pay the Plaintiff A the total amount of KRW 130,144,01 in overtime allowance and holiday work allowance for the pertinent period, and the damages for delay thereof, and the Plaintiff B the total amount of KRW 85,032,803 in overtime allowance and holiday work allowance for the pertinent period, and the damages for delay.

3. Article 50(1) of the Labor Standards Act provides that working hours shall not exceed 40 hours a week, excluding recess hours, and Article 53(2) provides that working hours may be extended by up to 12 hours a week, upon agreement between the parties.

Work hours refer to the hours during which a worker is directed and supervised by the employer and provides work according to the labor contract. Since the above provision intends to restrict the excessive work hours of workers, the work hours referred to in the above provision refer to actual work hours.

Supreme Court Decision 200Do448 delivered on November 24, 1992