A wage lawsuit filed by retired security guards at Hyundai Apartments in Apgujeong, Seoul, saying they were not properly guaranteed break time, ultimately ended in favor of the security guards.
About 30 retired security guards at Hyundai Apartments in Apgujeong said in 2018, 'I couldn't take a proper rest during the break time, and worked without being able to work.' filed a lawsuit against
According to the collective agreement signed with the residents' representative meeting, a six-hour break was guaranteed, including lunch, dinner, and night breaks. It was.
The court of first instance did not accept the claims of the security guards, stating that the break time could not be regarded as actual working hours based on the submitted evidence alone.
However, the appellate court ruled that the guards had to pay a total of 737 million won, saying that they had to respond to unexpected complaints from residents, such as valet parking, by staying at the narrow guard post in their uniforms even during break times.
The Supreme Court also confirmed the lower court, saying, 'Even a break time is included in working hours if it is actually under the direction and supervision of the employer'.