Court Orders Payment of 700 Million Won to Security Guards Who Worked During Break Time

[Asia Economy Reporter Baek Kyunghwan] In a lawsuit filed by former security guards of Apgujeong Hyundai Apartment in Seoul, claiming unpaid wages for working during break times, the appellate court ruled in favor of the security guards.

On the 26th, the Seoul High Court Civil Division 1 (Presiding Judges Jeon Ji-won, Lee Ye-seul, Lee Jae-chan) ruled in the appeal trial of a wage claim lawsuit filed by about 30 retired security guards including Mr. A against the apartment residents' representative council, ordering "the defendant to pay approximately 737 million KRW in unpaid wages."

Mr. A and others reported to the Labor Office in March 2017 that "they were unable to properly rest during the designated break times and had to work," and filed a lawsuit in February the following year. Meanwhile, the apartment changed the employment method of security guards from direct employment to indirect employment, resulting in the dismissal of Mr. A and others.

They claimed that including the six-hour break time, they were effectively on duty 24 hours in the security office, frequently receiving radio instructions while performing tasks such as parcel storage, recycling separation, and parking management. In particular, some security guards worked 18 hours every other day but were paid wages below the minimum wage.

However, the first trial court did not accept the security guards' claims, stating, "Based on the submitted evidence alone, the break time cannot be considered actual working hours." Nevertheless, it recognized that some wages were below the minimum wage and that part of the statutory training time should be counted as working hours, ordering the plaintiff to be paid only 20 million KRW.

The appellate court's judgment was different. The court overturned the first trial ruling, stating, "The six-hour break time should be included in working hours as it is highly likely that the defendant's supervision and control were exercised without guaranteeing substantial rest and free time."

The court stated, "According to the security logs, the security guards' work records do not clearly distinguish between break time and working hours, and many records show duties such as patrolling stairs, corridors, and rooftops, cleaning septic tanks, and patrolling vulnerable areas within the complex even during usual meal times."

This content was produced with the assistance of AI translation services.