The South Korean Ministry of Trade, Industry and Energy and the Ministry of Employment and Labor remain at an impasse regarding the application of exceptions to the 52-hour workweek for the semiconductor mega-cluster special law. The Labor Ministry emphasizes that a special extended work hours system already exists, while industry representatives criticize it as bureaucratic.
As of August 17, the positions of the two ministries on the 52-hour workweek exception have not converged. On August 12, Minister of Trade, Industry and Energy Kim Jeong-kwan stated, "The system should not dampen the motivation and will of those who work hard to achieve success," while Labor Minister Kim Young-hoon urged a cautious approach.
During a recent meeting with reporters, Minister Kim Young-hoon noted that there have been only about four applications for special extended work hours, which he likened to a "white-collar exemption" for high-income professionals. This raises questions about the necessity of creating separate regulations to relax the 52-hour workweek when existing systems are underutilized.
The special extended work hours system allows employers to exceed the 52-hour workweek with the consent of employees and approval from the Labor Minister in cases of special circumstances. The Labor Ministry argues that utilizing this system can effectively create exceptions to the 52-hour workweek.
However, industry voices criticize this as a form of "desk administration" that does not reflect on-the-ground realities. Given the strict enforcement of the 52-hour workweek, it is difficult to expect voluntary overtime from workers. Additionally, companies face procedural burdens, as they must obtain individual consent from employees and government approval, which discourages them from utilizing the system.
In practice, the approval criteria, which include disasters, national emergencies, sudden equipment failures, and surges in workload, are quite stringent and require post-verification, making it a significant burden for companies. As a result, many businesses that need to exceed the 52-hour workweek often refrain from applying due to the complex procedures.
Small and medium-sized fabless companies and semiconductor material, parts, and equipment firms, which lack administrative resources compared to larger corporations, frequently abandon applications due to the complicated paperwork. Moreover, emerging industries like robotics, which are gaining attention, are not even included in the categories eligible for special extended work hours.
Consequently, as legal avenues for work become blocked, there are reports of increasing instances of "hidden overtime" where employees work off the clock to meet project deadlines, either by continuing work after shutting down their computers or handling remaining tasks at home after hours. This raises concerns that workers may not receive compensation for their efforts and could be exposed to overwork without adequate protections.
* This article has been translated by AI.
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