1주 연장근로시간 산정기준의 변경에 관한 검토 - 대법원 2023. 12. 7. 선고 2020도15393 판결을 중심으로

The judgment reviewed here is the first Supreme Court decision to change the existing standard for calculating overtime hours from exceeding 8 hours per day to exceeding the limit of 12 hours per week. Accordingly, the validity of the original judgment judged according to the previous interpretation was examined based on the contents of the Supreme Court judgment. First of all, it was examined from the perspective of workers' choice of working hours, which must be guaranteed for the protection of workers' right to health, their leisure, consumption, and self-development activities. Prior to this, the facts were clarified. In addition, the meaning of statutory working hours and overtime hours in the International Labor Organization (ILO), the European Union (EU) Working Hours Directive, Germany, etc., and the meaning of statutory working hours and overtime hours stipulated in the Labor Standards Act of Korea were identified. And based on this, the above Supreme Court judgment can be considered valid, or whether the calculation method in the judgments of the first and second instance according to the previous method of calculating overtime hours was more reasonable. Based on the results, it was examined the problems of the Supreme Court ruling and was presented a legislative trial on the relevant regulations of the Korean Labor Standards Act that can complement the Supreme Court ruling.