Overtime, Night & Holiday Pay in Korea

1. ·Standard working time is 40 hours per week and 8 hours per day. Hours beyond this are overtime (연장근로) and, by written agreement, are capped at 12 extra hours per week — the well-known 52-hour ceiling.
2. ·Overtime work must be paid at 50% or more above the ordinary wage (Article 56) — i.e. at least 1.5× the normal hourly rate.
3. ·Night work (between 22:00 and 06:00) carries its own separate 50% premium, and holiday work carries a 50% premium (100% for hours beyond 8 on a holiday). These can stack: overtime performed at night is paid at roughly 2× the ordinary rate.
4. ·The premium (가산수당) rules under Article 56 apply only to workplaces that regularly employ 5 or more workers. Smaller workplaces must still pay for the extra hours worked, but are not legally required to add the 50% premium.
5. ·Unpaid overtime is treated like unpaid wages: you can claim it at the Employment & Labor Office, and the 3-year wage statute of limitations applies.

1. ·You are a worker (근로자) in an employment relationship — a genuine freelancer/contractor is not covered by these premiums.
2. ·You actually worked beyond 8 hours/day or 40 hours/week, at night, or on a holiday.
3. ·For the 50% premium specifically: your workplace regularly employs 5 or more people.

1. 1Record your hours yourself: keep a daily log, clock-in/out screenshots, KakaoTalk shift messages and schedules.
2. 2Calculate what you are owed: (overtime hours × ordinary hourly wage × 1.5) plus any separate night/holiday premiums.
3. 3Raise it with the employer in writing first, stating the hours and the amount — this creates evidence and often resolves it.
4. 4If unpaid, file a complaint (진정) at your local Employment & Labor Office, exactly as for unpaid salary. It is free and open to any worker regardless of visa.
5. 5For complex or large claims, consult a labor attorney (노무사); many work on a success-fee basis.

Local Employment & Labor Office (고용노동부 지청). The 1350 labor helpline offers interpreter support and can help you estimate the amount owed.

1. ·Believing a fixed monthly salary already "includes" all overtime — it only does if a valid inclusive-wage agreement exists and still meets the legal minimum.
2. ·Not keeping your own record of hours, then having no evidence.
3. ·Assuming small workplaces (under 5 staff) owe nothing — they still must pay for the extra hours, just without the 50% premium.
4. ·Confusing genuine freelancing with disguised employment; if you work under the employer’s direction and schedule, you are likely a worker entitled to premiums.