업무시간 외 지시 연락에 대한 근로자의 확인 의무 -독일 연방노동법원 판례를 중심으로-

The paper analyzes the precedent set by the German Federal Labor Court on August 23, 2023, which recognizes the obligation of employees to respond to directives outside of working hours. The issues addressed in the precedent are divided into (i) the occurrence of the effectiveness of work directives, (ii) recognition of ancillary obligations, (iii) infringement upon the employee's right to rest, and (iv) interruption of rest periods due to minor work activities. Each issue is examined in detail, including the limits and conditions for the emergence of the directive power as a basis for the obligation of immediate compliance by the employee, ancillary obligations arising from the employment relationship during rest periods, conflicts between the employee's right to rest and the employer's directive power, and the determination of whether minor work activities during rest periods constitute compensable work time. While directives outside of working hours are generally not permitted, they may be allowed through agreements between parties or collective bargaining, or in exceptional emergency situations. However, given the active debate surrounding the employee's right to disconnect, strict scrutiny should be applied in assessing whether the infringement upon the employee's right to rest has occurred.