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Time during which a worker can freely use away from the employer's command and supervision in the middle of working hours. In reality, although not working, it is distinguished from 'waiting time' where the worker expects to start work soon or waits in a state where it is unclear when the employer will demand work. The Labor Standards Act regulates by specifying that, to relieve worker fatigue and prevent accidents caused by long continuous working hours, at least ① for 4 hours of working time, 30 minutes or more, for 8 hours, 1 hour or more of break time shall be given during working hours② the worker shall be allowed to use the break time freely. Regarding how to arrange the break time, the Labor Standards Act only stipulates that it must be given during working hours, but in principle, it must be given at one time due to the purpose of the break time (it is also acceptable to use the break time as 1 hour meal time), and subdividing the break time into 10 minutes, 20 minutes, etc. every hour cannot satisfy the original purpose of relieving fatigue, meals, etc., so it cannot be seen as granting break time. On the other hand, it is possible to grant break time exceeding the time specified in the Labor Standards Act, but recognizing unpaid break time for a long time or unlimitedly is rather unfair and cannot be allowed. In addition, since break time is time that the worker can use freely, times such as having to answer the phone or being assigned duties to monitor goods, work progress, etc., cannot be break time, and in principle, restrictions on the worker's going out, union activities, political activities during break time, etc., cannot be regulated. However, the employer can only prohibit minimal passive restrictions necessary for maintaining workplace order or managing company facilities, namely drinking alcohol or acts that disturb other workers' breaks. If the employer violates Article 53 of the Labor Standards Act by not providing break time or not allowing free use even if provided, they shall be punished with imprisonment for not more than 2 years or a fine of not more than 10 million won. ▶[Related Precedent] (1991.11.12. Supreme Court 91Nu 4146): Disciplinarily dismissing a worker solely on the grounds that the company did not grant permission, when the worker's act of distributing leaflets using break time did not disturb other workers' breaks or specifically disrupt workplace order, exceeds the scope of disciplinary discretion and is unfair.