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(영문) 서울고등법원 2014.01.10 2013누8174
임금
Text

1.The judgment of the first instance shall be modified as follows:

The defendants have the term "name of (1)" in the corresponding quotation of attached Table 2.

Reasons

1. The following facts do not conflict between the parties, or evidence Nos. 1, 2, and 2-1, 3-1, 2, 4-1, 5-1, 2, 6-1 through 5, 7-1 through 6, 12-1, 13-1, 2, 14, 15, 16, 17, 18, 29-1, 29-1 through 27, 1, 2-1, 3-2, 1-1, 2-1, 2-2, 3-1, 2-1, 2-2, 3-1, 2-1, 2-1, 3-2, 3-1, 2-1, 2-2, 3-1, 2-1, 3-2, 3-1, 2-2, 3-1, 2-2, 3-1, 2-2, 2-2, 1-

Unlike a public official in general service (general subject), who is in principle assigned to the fire stations within the Defendants’ respective jurisdiction and is in charge of overtime work, the Plaintiffs are classified into so-called “persons subject to actual business” in which the overtime work is institutionalized due to the nature of the work that must cope with emergency situations, such as fire and disaster, unlike the public official in general service (general subject) who is in charge of overtime work.

(b) Foreign fire officers shall serve as the second class system or the third class system;

(1) Workers in the two major-class system shall be divided into two groups and work for 24 hours a day, one day shall be in the form of rest (24 hours a day), and two workers in the three major-class system shall be divided into three groups, and one day shall work for a day from 09:00 to 18:00 a day, and one day shall work for a night from 18:00 a day to 09:00 a day, and one day shall work for a break (24 hours a day) in the form of rest after retirement from 09:00 a day.

C. The monthly average working hours of the public officials stipulated in the Local Public Officials Service Regulations are about 173 hours, and the other public officials on duty are about 360 hours per month when they work for the second class system (=24 hours x 30 days / 20 days) according to the above working type, and around 240 hours per month when they work for the third class system (=24 hours x 30 days / 30 days). They must work for the third class system at night or on holidays.

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