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TITLE Supreme Court Decision 2020Do15393 Decided December 7, 2023 【Violation of the Labor Standards Act; Violation of the Act on the Guarantee of Employees’ Retirement Benefits】 [full Text]
Summary
【Main Issues and Holdings】 [1] Whether the determination of “whether weekly overtime hours exceeded 12 hours” under the former Labor Standards Act should be made on the basis of hours worked in excess of 40 hours per week, instead of considering whether daily working hours exceeded 8 hours (affirmative) [2] If an employer makes employees work overtime of 4 hours in excess of 8 hours per day in accordance with the former Labor Standards Act, whether an employer should grant a recess of more than 30 minutes during overtime hours (affirmative)
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