More than 600 former and current police officers sued the government for unpaid work allowances, saying they were effectively on standby duty even during break times, but they lost.
On the 25th, according to legal sources, the 13th Administrative Division of the Seoul Administrative Court (Presiding Judge Jin Hyun-seop) ruled against the plaintiffs on the 14th in a lawsuit filed by 606 former and current police officers against the Republic of Korea seeking work allowances and other payments.
The officers argued that although it was nominally break time, it was in substance standby duty, and in Aug. last year they filed suit seeking unpaid overtime allowances. If overtime occurs during break due to dispatches, allowances are paid after ex post approval, and their claim was that other standby time should also be recognized as actual working hours and compensated.
However, the court found that time for meals and sleep, which should naturally be deducted, cannot be counted as working hours in addition to the hours for which allowances were paid due to actual dispatches. The court of first instance particularly held that even standby time should be regarded as working hours if it was under the employer's direction and supervision, but in the plaintiffs' case it could not be seen that "there was superior officers' direction or supervision during break time that would interfere with substantial rest."
Regarding the claim that a lack of personnel meant break times were not effectively guaranteed, the court said, "The circumstances asserted by the plaintiffs are nothing more than vague and general circumstances such as the organization and work patterns of the affiliated offices," adding, "There is no specific and objective evidence to confirm the affiliated office, the nature of the assigned duties, the specific working methods at the office, or whether there was interference by superiors."
The plaintiffs appealed the first-instance ruling.