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TITLE Supreme Court Decision 2013Da28926 Decided June 28, 2018【Wage】* First draft [full Text]
Summary
[1] Standard for determining whether break time or waiting time stipulated in a labor contract falls under work hours or recess hours
[2] In a case where the issue is whether the waiting time from the end to the start of bus operation of bus drivers, including Party A, who are employed by passenger vehicle transport business operators, including Company A, falls under work hours, the Court ruling that: (a) in light of the overall circumstances, hours not constituting work hours should be included in the pertinent waiting time; (b) nonetheless, solely on the basis that the waiting time of Party A et al. was inconsistent, the lower court determined that the waiting time in entirety constituted work hours; and (c) in so doing, it erred by misapprehending the legal doctrine
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