Calculation of Overtime Hours for Maximum 52-Hour Workweek Law

A labor dispute leading to an indictment occurred between an employer and an employee concerning the calculation of Korean overtime work. In Korea, an employee is prohibited from working more than 52 hours each week (LSA, Article 53(1)). Thus, only 12 overtime hours are permitted to be worked each week over the normal working week of 40 hours. The dispute concerned the calculation of what constitutes these 12 overtime hours. The employer was indicted for a criminal charge under Article

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