Overtime & Night Work Pay in Korea: Time Thresholds and Rates Explained

Overtime & Night Work Pay in Korea: Exactly What Time Does It Start and How Much Can You Receive?

"Overtime pay" (야근수당) is a commonly used expression, but legally it is divided into two distinct types: extended work pay (연장근로수당) and night work pay (야간근로수당). Because the time thresholds and premium rates differ between the two, you need to know precisely which allowance applies to you in order to determine whether your wages have been withheld.

Extended Work Pay — Beyond 8 Hours a Day or 40 Hours a Week

Article 50 of the Labor Standards Act (근로기준법 제50조) sets the statutory working hours at 8 hours per day and 40 hours per week. Any hours worked beyond these limits constitute extended (overtime) work, and the employer must pay a premium of at least 50% of ordinary wage (통상임금) on top of the base rate (Article 56(1) of the Labor Standards Act, 근로기준법 제56조 제1항).

For example, if you start work at 9 a.m. and finish at 6 p.m. (8 hours after excluding a 1-hour lunch break), every hour worked after that is extended work. Extended work requires the agreement of both parties and is permitted for a maximum of 12 hours per week (Article 53 of the Labor Standards Act, 근로기준법 제53조).

Note for foreign workers: Your employment contract may specify different arrangements, but the statutory minimum premium of 50% cannot be waived.

Night Work Pay — 10 p.m. to 6 a.m.

Night work pay arises when you work between 10 p.m. and 6 a.m. Regardless of whether the hours also constitute extended work, a separate 50% premium on ordinary wage applies during this period (Article 56(3) of the Labor Standards Act, 근로기준법 제56조 제3항).

If you continue working past 10 p.m. and those hours are also extended work, the extended work premium (50%) and the night work premium (50%) stack, giving you a total of 200% of ordinary wage (base 100% + extended 50% + night 50%).

The 'Rest Break Trap' That Can Reduce Your Night Work Pay

Some employers designate part of a night shift as a "rest break" and exclude it from allowance calculations. However, even a formally designated rest break is counted as working time if the worker was in practice under the employer's direction and supervision during that period. The Supreme Court ruled that a substantial portion of the nighttime rest breaks of apartment security guards must be recognized as working time because free rest was not guaranteed (Supreme Court 2016Da243078, 대법원 2016다243078). If you are required to respond immediately to calls or cannot leave your post during a so-called break, that time is a valid basis for claiming allowances.

When a Labor-Management Agreement Sets Guaranteed Hours

Where a labor-management agreement — such as one covering bus drivers — pre-designates a fixed number of hours as deemed extended or night work hours, allowances must be calculated based on those agreed guaranteed hours even if actual working hours fall short. The Supreme Court overturned a lower-court ruling that had calculated allowances on actual hours worked, reaffirming this principle (Supreme Court 2025Da219757, 2025Da219758, 대법원 2025다219757, 2025다219758).

An All-In Wage Contract Does Not Mean You Have Waived Your Allowances

Some workplaces do not pay night work allowances separately, citing an all-in wage arrangement (포괄임금제). For such an arrangement to be valid, the nature of the work must make it genuinely difficult to calculate working hours, or the arrangement must not be disadvantageous to the worker. According to a Ministry of Employment and Labor (고용노동부) administrative interpretation (27 October 2010), a written consent to return allowances obtained at the employer's request is void as a waiver of wage claims (임금채권 포기) where the all-in wage arrangement itself is not valid. Furthermore, the Supreme Court has held that the mere fact that a worker received a fixed allowance does not mean the worker waived the right to claim statutory allowances (Supreme Court 93Da46254, 대법원 93다46254).

Exception: Supervisory and Intermittent Workers

Supervisory and intermittent workers (감시·단속적 근로자) — such as apartment security guards and parking attendants — are exempt from the Labor Standards Act's provisions on working hours, extended work, night work, and holiday work if the Minister of Employment and Labor (고용노동부장관) has granted approval under Article 63 of the Labor Standards Act (근로기준법 제63조). However, if no such approval has been obtained, or if the worker is in practice performing duties equivalent to ordinary work, allowance claims remain possible.

If calculating exactly how much night work pay you are owed seems complicated, use the salary take-home calculator at workbear.kr to quickly check allowance amounts based on your ordinary wage. If you suspect wage withholding, the site's AI search and complaint-drafting features are also available.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.