Working hours refer to the time when an employee provides labor under the direction and supervision of the employer, according to the employment contract. According to the Labor Standards Act, in workplaces with five or more regular employees, the statutory working hours (8 hours per day excluding rest time and 40 hours per week excluding rest time) cannot be exceeded. However, if agreed upon by both parties, extended working hours of up to 12 hours per week are allowed. Overtime work exceeding the statutory working hours must be paid 50% higher than the regular wage.
The Labor Standards Act stipulates that a break of at least 30 minutes per 4 hours of work or at least 1 hour per 8 hours of work must be provided during working hours. Even if the employee wishes, breaks must be provided in accordance with these standards. Additionally, breaks must be given during working hours, so giving a break right after arriving at work or just before leaving work is not considered valid.
Employers must ensure at least one paid weekly day off, called a "weekly holiday" or "rest day," for employees who work an average of more than 15 hours per week. Most companies provide Sunday as the weekly holiday, but in some industries or businesses with shift work, the weekly holiday may be on a weekday. If an employer requires an employee to work on the weekly holiday, they must pay a holiday work allowance (150% of the regular wage), unless the employee and employer have agreed in advance to replace the holiday with a weekday off.
Although working hours are performed within the agreed upon regular working hours between the parties, there is often controversy over whether time spent before or after business hours upon the employer's instruction, waiting time, training time, business travel time, event time, and similar situations count as working hours. In the following section, we will examine these issues more concretely with examples.


■ Calculation of Working Hours
Firstly, the calculation of working hours is determined by subtracting the break time from the total time that the worker provides labor to the employer, starting from the time when the worker begins to provide the designated labor until the time when the provision of labor ends. The Labor Standards Act requires that the start and end times of work be specified in the employment contract and listed as necessary items in the employment regulations.
Working hours refer to the time when the worker provides labor under the direction and supervision of the employer in accordance with the employment contract. Even if there is waiting time, rest time, or sleep time during working hours when the worker is not actually engaged in the work, if it is time that is effectively under the direction and supervision of the employer, it must be included in the working hours. Supreme Court 92da24503
Whether the time that is associated with actual work, such as changes, post-work bathing time, tidying up after work, and travel time during changing into work clothes, preparing work tools, pre-work meetings, and shift business trips, is included in working hours depends on whether it is done under the direction and command of the employer. Supreme Court 92da22770

On the other hand, the type of work specified in the employment contract should not only refer to the workers themselves but also include the time necessary for preparation before the actual work and the time required for post-work cleanup. This time is also considered part of the working hours.
■ Criteria for Determining Whether or not to Recognize Working Hours
❍ Early Arrival to Work
Whether to recognize the time spent by an employee who arrives to work early before business hours as working hours and pay them accordingly depends on whether it is considered a right and obligation relationship to reduce wages or impose sanctions for violating duty if they do not arrive early. If it is, then it should be considered working hours; otherwise, it should not. Labor Standard Act Interpretation No. 01254-13305 (1988. 8. 30).


❍ Meeting Time Before Work
Meetings held before work to provide security education, work instructions, and arrange work shifts for employees are necessary for shift work and must be conducted under the supervision of the employer. Therefore, it is reasonable to include this time as working hours. Supreme Court 93da3363.


❍ End of work shift
The end of the working hours is considered to be when the employee is recognized as having finished providing the work according to the employer's supervision and direction. However, if the employee continues to work under the employer's supervision and direction after the job is finished, the end of the work shift would be when they are no longer under the employer's control, as in the case of the start of work hours. This includes activities such as the maintenance and cleaning of machines and equipment and the workplace after the end of working hours. Supreme Court 92da2270.


❍ Rest and Waiting Time
According to the Labor Standards Act, the term "rest time" refers to the time that an employee can freely use, regardless of the name of the break or waiting time, when they are not under the direction or supervision of the employer. Therefore, even though it is not a form of work under employment rules, it is customary for employees to work in 2-hour increments with the implicit agreement of the employer. For employees who do not work during that time, such as playing chess, going, or watching TV in the waiting room, the distinction between waiting time and working time is clear, and the employee knows the waiting time in advance. During the waiting time, the employee cannot leave the workplace, but they can freely use the time as they wish without the direction or supervision of the employer. In such cases, it can be recognized as rest time. Labor Standard Act 68207-3298, (2000. 10. 25)

For example, for intermittent job duties such as those of a commercial vehicle driver, the waiting time until the next job duty is generally considered working time when the employee cannot use that time freely. However, if the employee is guaranteed the freedom to use that time, it may be recognized as rest time rather than working time. Supreme Court 92da14007


❍ Education Time
Training related to job safety and work efficiency conducted by the employer during work hours and mandatory education provided to employees on a day off or after work hours should be considered part of working hours. However, education such as training for unrelated driver's licenses or mental and safety education provided by the employer on a voluntary basis outside of mandatory obligations, such as in cooperation with government agencies, cannot be considered part of working hours. Labor Standards Act 01254-14835, (1988.09.29

❍ Events Such as Social Gatherings
In general, if the employer forces employees to participate in social gatherings, sports events, or other events, the time spent participating should be considered working hours. On the other hand, if the employer organizes social gatherings, sports events, or other events for the purpose of employee welfare and the employee's participation is voluntary, the time spent participating should not be considered working hours. Labor Standards Act 01254-554, (1989. 1. 10.)

If the employer organizes social gatherings that employees must attend on days they are required to work according to company policy, then the employer must pay wages for the time spent attending the event. Additionally, if the employer organizes a social gathering on a paid holiday, the employer must pay the normal wage for the holiday and the standard wage for the work (the social gathering) performed on that day. Labor Standards Act 1455-7105, (1979. 7. 12.)


❍ Travel Time for Business Trips
When calculating the necessary time for a business trip, the time required for travel to the destination is generally included in working hours. However, if you are commuting to or returning from the business trip location, it may be excluded. However, in the case of long-distance business trips, it is reasonable to include the travel time from the location of the workplace to the location of the business trip in working hours. Labor Standards Act 68207-1909 (2001. 6. 14.)

Regarding the calculation of working hours for working outside the workplace, such as on business trips, the Labor Standards Act provides for special regulations. Therefore, when performing business trips on nights or holidays under the employer's direction, it can be considered night or holiday work in clear cases. However, it is difficult to consider it night or holiday work simply when traveling during nights or holidays. Labor Standards Act 68207-2650 (2002. 8. 5.)