Overtime Pay for Public Officials vs. Private Workers in Korea: Key Differences

Overtime Pay for Public Officials vs. Private Workers in Korea: Key Differences

Anyone who works overtime naturally wants to know whether they are being paid correctly. For public officials in Korea, however, the legal basis for overtime pay differs fundamentally from that of ordinary private-sector workers. This article summarizes the legal basis, calculation method, and differences from the private sector for public official overtime pay (excess work allowance / 초과근무수당) based on the current 2026 standards.

The Labor Standards Act Does Not Apply to Public Officials

For private-sector workers, overtime pay must be paid at a rate of at least 50% above ordinary wages (통상임금) under Article 56 of the Labor Standards Act (근로기준법 제56조). Public officials, however, are excluded from the scope of the Labor Standards Act under Article 11 of that Act (제11조). Instead, the legal basis for their overtime pay is the State Public Officials Act (국가공무원법), the Local Public Officials Act (지방공무원법), and the 「Regulations on Public Official Allowances, etc.」 (공무원수당 등에 관한 규정) (Presidential Decree).

In other words, overtime pay for public officials is operated under a separate set of rules under the name "excess work allowance."

Types of Excess Work Allowance

Public official excess work allowances are divided into three main categories:

• Overtime work allowance (시간외근무수당): Paid for work performed outside regular working hours (ordinarily 9:00 a.m. to 6:00 p.m.)
• Night work allowance (야간근무수당): Paid for work performed between 10:00 p.m. and 6:00 a.m.
• Holiday work allowance (휴일근무수당): Paid for work performed on Saturdays, public holidays, and other days off

These allowances may be paid concurrently. For example, working on a public holiday during nighttime hours entitles the official to both the holiday allowance and the night work allowance.

How the Hourly Rate Is Calculated

The basic formula for the overtime work allowance hourly rate is:

Rate = (Monthly salary × applicable ratio) ÷ 209 hours

The applicable ratio and base salary amount are specified by grade in the schedules attached to the 「Regulations on Public Official Allowances, etc.」. This structure differs from the private-sector method of adding a 50% premium on ordinary wages, and the premium rate is generally considered lower than in the private sector.

There Is a Monthly Payment Cap

Public official excess work allowances are subject to a monthly payment cap. For general-category public officials, the cap for overtime work allowance is 57 hours per month. Hours exceeding the cap may be replaced with compensatory leave or may not be recognized at all.

This contrasts with private-sector workers, who may claim allowances for all hours actually worked within the statutory overtime limit (12 hours per week).

Remedies When Allowances Are Not Paid

Public officials cannot file a complaint with the Ministry of Employment and Labor. The following channels are available instead:

1. Raise an objection with the personnel/service department of the employing agency
2. File a grievance petition with the Anti-Corruption and Civil Rights Commission (국민권익위원회)
3. Pursue an administrative appeal (행정심판) or administrative litigation (행정소송)

It is important to retain records in advance to prove the fact of overtime work — such as entry/exit logs, work emails, and approval records.

Private-Sector Workers: Check with Byro

If you work at a private company, you can quickly verify whether your overtime pay is being calculated correctly using the salary take-home calculator at Byro (workbylaw.com). If you find the calculation of extended, night, and holiday allowances based on ordinary wages confusing, try the AI search feature for answers grounded in statutes and case law.

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