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Ministry of Employment and Labor’s Response to Supreme Court Ruling: Flexibility in Working Hours

Minister of Employment and Labor Lee Jeong-sik is listening to questions from lawmakers during the general meeting of the Environment and Labor Committee held at the National Assembly in Yeouido, Seoul, on July 14. what good news

Regarding the Supreme Court ruling, which raised concerns about “intensive night work” by virtually eliminating the daily overtime limit of 52 hours per week, the Ministry of Employment and Labor released a statement saying: ” It is a reasonable sentence that can provide flexibility in working hours.” The Ministry of Labor plans to change the relevant administrative interpretation soon. On the 26th, the Ministry of Employment and Labor published the “position of the Ministry of Employment and Labor on the Supreme Court ruling regarding the calculation of overtime hours”, stating: “We understand that the decision was made after an in-depth analysis of the difficulties in industry caused by the rigid working time system. “I respect it,” he said. He added: “It is a reasonable ruling that can support flexibility of working hours so that people can work more when they are busy and get enough rest when they are less busy.” Last March, the Ministry of Labor presented a working time reform plan to expand the overtime management unit from the current weekly basis to monthly, quarterly and annual with the intention of “work hard and rest hard”, but has virtually stopped the implementation of policies due to public opposition. Earlier, on the 7th, the Second Division of the Supreme Court (Chief Justice Min Yoo -sook) ruled on Mr. The criteria for judging violations were presented. So far the Ministry of Labor has interpreted it as illegal if daily overtime work exceeds 12 hours per week, but the Supreme Court has ruled that it is legal as long as the total weekly working hours, including overtime hours, do not exceed 52 hours. According to the Supreme Court’s logic, working 21.5 hours (not including breaks) for two consecutive days is not illegal as long as it does not exceed 52 hours per week. The Ministry of Labor plans to quickly change the administrative interpretation used as the standard for adjudicating overtime violations in line with the Supreme Court ruling. The Ministry of Labor said: “We will gather opinions from experts and others to quickly push for a change in administrative interpretation to avoid confusion on the ground due to differences in administrative interpretation and ruling,” adding: “We will reflect the purpose of this Supreme Court ruling in the future social dialogue between workers, management and government regarding working time reform.” “We will actively support the creation of a faithful alternative that reconciles flexibility of working hours and the right to health,” he said. The Korean Confederation of Democratic Trade Unions issued a comment on this day, stating: “(The Ministry of Labor) has clearly shown its intention to realize its intention (to make working hours more flexible) by putting the time reform of work on the agenda table of the social dialogue”, and added: “Prohibition of reduction of working hours and long working hours”. “The “continuous 11-hour rest system” must be implemented together with the “regulation of maximum limit of daily working hours” for .” Reporter Kim Hae-jeong sea@hani.co.kr
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