■ Standards for Determining Waiting Time and Rest Time
Work hours refer to the time when an employee provides labor under the direction and supervision of the employer pursuant to a labor contract. If an employee is placing his or her labor at the disposal of the employer, such time shall be recognized as work hours. According to the Labor Standards Act, the work hours for one week cannot exceed 40 hours, excluding rest time, and the work hours for one day cannot exceed 8 hours, excluding rest time.
However, waiting time during which an employee is not providing labor but is under the direction and supervision of the employer for the purpose of work shall be considered work hours, not rest time. Rest time refers to the time when an employee can freely rest without being under the direction and supervision of the employer during work hours.
Meanwhile, waiting time and rest time have a common characteristic in that they are both granted during work hours while the employee is present. Waiting time is the time when an employee must start working immediately if there is an instruction from the employer, and it is the time during which the employee is under the direction and supervision of the employer. In contrast, rest time is the time when an employee can freely use the time without being under the direction and supervision of the employer. Therefore, the distinction between the two must be made based on whether the employee can freely use the time. If the employee can clearly distinguish rest time before starting work due to the progress of the task and can use the time freely without being under the direction and supervision of the employer, it shall be considered rest time. However, if the waiting time is uncertain as to when the work instruction will be given by the employer, it shall be considered work hours. Violation of the rest period provisions may result in imprisonment for up to 2 years or a fine of up to KRW 10 million. Labor Standards Act 012454-12495, Date of Promulgation: 1987. 8. 5.

According to the Labor Standards Act, if the work hours are 4 hours, rest time of at least 30 minutes must be granted during work hours, and if the work hours are 8 hours, rest time of at least 1 hour must be granted during work hours. In addition, the legal work hours are limited to 8 hours per day and 40 hours per week, excluding rest time, and waiting time for work is considered work hours, not rest time. Those who violate the rest period provisions shall be punished by imprisonment for up to 2 years or a fine of up to KRW 10 million.

■ Examples of Distinguishing Between Waiting Time and Rest Time
❍ Bus Driver for a Transportation Company
Employees of transportation companies, such as tour buses, are relatively free to wait on the company premises until they start and finish work. However, if they are waiting without knowing when they will be requested to operate a vehicle, the waiting time cannot be considered rest time. Although it is difficult to determine a fixed amount of rest time due to the nature of the work, if the distinction between vehicle dispatch and waiting time on the day of work or the day before work is clear, if the employee knows the waiting time in advance, and if they are free to use their time during the waiting period without being under the Employer's direct control, this waiting time can be considered rest time. Legal case 811-28682, 1980. 5. 15.


❍ Nighttime Security Guard for an Apartment Complex
The security guards of an apartment complex work 24 hours a day, from 7:00 a.m. until the same time the following day, and then have a day off. During the 24-hour shift, they have a total of 6 hours of rest time, which is divided into one hour for lunch, one hour for dinner, and four hours for nighttime rest (from midnight to 4:00 a.m.). Residents of the complex instructed the security guards to immediately respond to emergencies during the nighttime rest period, even if they were asleep. If the security guards worked during the nighttime rest period while wearing their work uniforms and were in a state of readiness to respond immediately in case of emergencies, even if they were asleep, then this nighttime rest period can be considered work time. Supreme Court ruling 2017. 12. 13., 2016da243078 Decision


❍ Caregiver
The employment contract of a caregiver who works three shifts specifies four hours of rest time during night shifts, and the caregiver has access to a nighttime sleeping room. However, if the caregiver cannot sleep properly due to the frequent use of emergency bells by the care recipient and they are always in a state of waiting, then this nighttime rest period can be considered work time. Supreme Court ruling 2016. 9. 8. 2014do8873 Decision