Working hours refer to the actual hours during which the employee provides labor service prescribed by the employment contract under the employer's direction and supervision. Article 50 of the Labor Standards Act regulates that working hours shall not exceed 8 hours per day and 40 hours per week, excluding recess hours. The employer shall pay an additional fifty percent (50%) of the ordinary wage for extended working hours exceeding the legal standard working hours. Working hours are usually implemented within contractual working hours that the employer and the employee have agreed upon, but there have been some disputes in recognizing working hours in cases where the employee conducted work before or after contractual working hours, or in cases of waiting time for work, training hours, traveling hours, company events, etc.

1. Understanding Working Hours

(1) Working hours shall be stipulated in the labor contract, rules of employment, or the collective agreement.
Working hours shall be the total hours from when the employee starts to provide contractual work to the employer to when the employee finishes his/her work, excluding recess hours. The Labor Standards Act regulates that the employment contract shall include the starting and finishing times for work, and that the rules of employment shall contain statutory items.

(2) Working hours shall be under the employer's direction and supervision.
Working hours mean the time during which the employee provides labor service described by the employment contract under the employer's direction and supervision. Even though waiting time or recess and sleeping time are times that the employee is not engaged in actual work in the middle of working hours, if these times are not allowed to be used freely by employees, but are, in practice, under the employer's direction and supervision, those times belong to working hours. Supreme Court ruling on May 27, 1993, 92Da24509.

Whether the subsidiary time required in actual working hours belongs to working hours or not shall be judged by whether those times are implemented under the employer's direction and supervision. Such subsidiary times include the time needed to change into the work uniform and gather necessary tools, waiting time, conferences prior to work, shift-changes, wash-up time after finishing the work day, organizing things for the next day's work after finishing the workday, travel time during business trips, etc. Supreme Court ruling on Mar. 9, 1993, 92Da22770.


(3) Working hours shall be related to work characteristics under the employment contract.
The type of work described under the employment contract is not limited to the work tasks themselves, but actual working hours shall include those times essential to preparing for work and to arranging things after finishing the work day in relation to actual work performance. It is regarded as working hours in cases where those activities besides actual working hours are stipulated as the employee's mandatory duties according to related laws, collective agreements, rules of employment, labor practices, and employment contracts, or in cases where non-implementation charges disadvantage the employees concerned.

2. Concrete Judgments on Working Hours

(1) Time worked before the workday begins
① In cases where the employee arrives at the workplace earlier than the official starting hour
Whether the company shall pay wages for working hours when the employee comes earlier to the workplace to ensure normal operations shall be dependent upon the following: If the employee did not come to work earlier than the official starting hour, his wages could be reduced or he might be punished for violating the service regulations. If this situation does not exist, then the time before the official starting hour does not belong to working hours. MOEL Guidelines: Kungi 01254-13305, on Aug. 30, 1988.


② Conferences held before working hours
Conferences held before working hours to deal with safety training for underground mine workers, work directions, and organization of working groups. These meetings shall be held essentially for the purpose of underground shift work and be implemented under the employer's direction and supervision. Therefore, these meetings shall be included in actual working hours. Supreme Court ruling on Sept. 28, 1993, 93Da3363.


(2) Time worked after the workday is over
The end of the workday is the time for the employee to be free from the employer's direction and supervision. When the employee continues to be under the employer's direction and supervision after he finishes his regular work time, actual working hours end when the employee is actually free from the employer's direction and supervision. Such examples of the end of the workday not being the end of actual working hours are time when workplace repairs, examinations, organization, and cleaning are performed after completing work under the employer's direction and supervision. Supreme Court ruling on Mar. 9, 1993, 92Da2270.

(3) Waiting time
The Labor Standards Act: Article 50 (Working Hours) ③ ~ waiting hours the worker spends while under the employer’s direction and supervision for work shall be regarded as working hours.

Waiting hours are working hours but recess hours are not. Recess hours under the Labor Standards Act refer to time that employees can use freely, away from the employer's direction and supervision, regardless of the name given for such times, such as waiting time, etc. In this case, unlike the working structure stipulated by the rules of employment, under the employer's implied agreement, the employees work every two hours in repeated practice and off-time employees take recess hours, playing chess or baduk, or watching TV. There is a clear division of waiting time and working hours. The employees cannot go out of the workplace during this waiting time, but they can use it freely, away from the employer's direction and supervision. In this case, the waiting time shall be recognized as recess hours. MOEL Guidelines: Kungi 68207-3298, on Oct. 25, 2000.

In cases where an employee drives a company car as necessary from time to time, just like a regular driver of a company car, if the employee cannot use the waiting time freely, this shall be regarded as working hours; but, if such time is free for the employee to use as he/she wishes, it is considered part of recess hours and cannot be included in working hours. Supreme Court ruling on July 28, 1992, 92Da14007.


(4) Education and training time
Training time is working hours. It is working hours when the employer implements job training during working hours in relation to work, concerning work safety and work efficiency to improve productivity, and it is also working hours when the employer gives compulsory training outside of working hours or during a holiday. However, it is not working hours when the employee attends compulsory individual training like driver's education, regardless of the company's business, or when ethical or safety training etc. is recommended for employees and provided by the nation due to major national policies outside of working hours or during a holiday. MOEL Guidelines: Kungi 01254-14835, on Sept. 29, 1988.


(5) Company picnics or events
In cases where the company hosts a picnic, athletic event, etc., if the employee needs to attend the picnic, athletic event, etc., the participating time shall be deemed working hours. Conversely, if the employer hosts a picnic, athletic event, etc. for the purpose of welfare, and if employees are free to participate in the event at their own discretion, it shall not be deemed as working hours even though employees attend such an event. MOEL Guidelines: Kungi 01254-554, on Jan. 10, 1989.

If the company hosts a picnic on a working day in accordance with the company's operation rules, the wages for that day shall be paid accordingly. If the picnic was held on a holiday, the wages payable on that holiday and ordinary wages to compensate for holiday work (i.e. the picnic party) shall be paid. MOEL Guidelines: Kungi 1455-7105, on July 12, 1979.


(6) Business travel
① Travel time between employee accommodations and the appointed workplace
In calculating working hours for business travel, travel time to the workplace shall be included in working hours in principle, but when the workplace is on the way to the regular office, such travel time can be excluded from working hours. However, for long-distance business trips, travel time from the company workplace to the workplace on business travel shall be included in the working hours. MOEL Guidelines: Kungi 68207-1909, on June 14, 2001.


② When the employee is required to engage in business travel at night or during a holiday by order of the employer, such time shall be regarded as night or holiday work.

In cases where the employee carries out his duties in whole or in part outside the workplace for business travel or for other reasons, the calculation of working hours shall follow exceptional rules Paragraphs 1 and 2 of Article 58 of the Labor Standards Act
. In consideration of the concept of the same Article, if it is evident that the employee conducts business travel at night or during holidays by order of the employer, the night work and holiday work shall be considered working hours. However, if the employee only travels to the workplace during the night or holiday and does not engage in any business, it is difficult to deem such travel time night work or holiday work. MOEL Guidelines: Kungi 68207-2650, on Aug. 5, 2002.