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Labor Standards Act — Article 52 (Selective Work Hours System)

근로기준법 제52조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) When an employer has determined the matters falling under the following subparagraphs by a written agreement with the representative of employees with regard to employees who are allowed to decide on their own beginning and finishing time of work pursuant to the rules of employment (including other rules equivalent thereto), he or she may extend weekly work hours beyond those referred to in Article 50 (1) and daily work hours beyond those referred to in Article 50 (2), to the extent that average work hours per week during the period of adjustment set within the limit of a month (In the case of research and development of new products or new technologies, it shall be three months) do not exceed the work hours referred to in Article 50 (1): <Amended on Jan. 5, 2021>

1. Scope of employees to whom the above provisions shall apply (excluding those employees at the age of not less than 15 and less than 18);

2. Adjustment period;

3. Total work hours during the adjustment period;

4. Starting and ending time of work hours during which work must be provided, if so required;

5. Starting and ending time of work hours which employees are allowed to determine;

6. Other matters prescribed by Presidential Decree.

(2) Where an employer sets an adjustment period exceeding one month pursuant to paragraph (1), the employer shall take the following measures: <Newly Inserted on Jan. 5, 2021>

1. The employer shall give employees at least 11 hours of an uninterrupted recess starting from the end of a working day until the beginning of the next working day: Provided, That if it is inevitable to be prescribed by Presidential Decree, such as a natural disaster, it shall be followed if there is a written agreement with the representative of employees;

2. For the hours during which the average weekly work hours per month exceed the work hours under Article 50 (1), an additional amount equivalent to at least 50/100 of the ordinary wages shall be paid to employees: Article 56 (1) shall not apply in such cases.

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