1. Working Hours and Overtime
September 21, 2019
Yulchon LLC

2. Korea’s 52-Hour Week 68-Hour Week 40 + 12 + 8 + 8 = 68 52-Hour Week
= 52
50% premium pay for OT, nighttime, and day-off work
Premiums are cumulative except 8 hours/day of “day-off” work is not OT
Premium pay is the same

3. 52-Hour Week Phase-In 300+ 50-299 5-49 300+ 30-299 5-29
52-hour Week Phase-In (by workforce size)
300+
50-299
5-49
July 1, 2018
January 1, 2020
July 1, 2021
Mandatory Paid Public Holidays Phase-In
300+
30-299
5-29
January 1, 2020
January 1, 2021
January 1, 2022
26 industries permitted more than 12 hours/week OT by labor-management agreement now reduced to 5 (in transportation and healthcare)

4. Alternative Working Hours Systems
Flexible Hours Type 1
40 hours average per 2 week period
Up to 48 hours per week
Flexible Hours Type 2
40 hours average per period up to 3 months
Up to 52 hours/week, 12/day
Selective Hours
Employees with discretion or choice on start/stop time
40 hours average per period up to 1 month
Discretionary Hours
Enumerated job types requiring discretion on manner of performing work
No maximum hours or overtime
Labor Management Agreement

5. Managerial & Supervisory Surveillance & Intermittent
Exemptions
Non-Employee
Managerial & Supervisory
Surveillance & Intermittent
Representative / registered directors
(Arguably) other very senior executives with extensive autonomy and authority
Exempt from Labor LSA entirely
Very senior executives/managers with autonomy over their work hours and significant authority over employees’ working conditions
Subject to LSA but exempt from most wage- and-hour rules
Jobs involving mostly waiting and watching without active work, e.g., manning a front desk
Subject to LSA but exempt from most wage-and-hour rules with approval from MOEL
Also various industry exemptions for various kinds of agricultural, forestry, breeding, fishing, and cultivation work