South KoreaI'm not receiving overtime pay.
In South Korea, most workers are entitled to overtime pay of at least 150% of their regular hourly wage for hours worked beyond 40 per week or 8 per day, as mandated by the Labor Standards Act.
What the Law Says
South Korean labor law strictly regulates working hours and mandates premium pay for overtime. The Labor Standards Act sets clear thresholds and minimum pay rates.
Under the Labor Standards Act, the standard workweek is 40 hours, and the standard workday is 8 hours. Any work exceeding these limits is considered overtime and must be compensated at a higher rate.
Employers must pay at least 150% of the worker’s regular hourly wage for all overtime hours. For work on statutory holidays or rest days (e.g., Sundays), the rate rises to at least 200% — but only if the work exceeds the weekly 40-hour limit or occurs on a designated rest day agreed upon in advance.
Overtime must be agreed upon in writing between employer and employee — verbal agreements are insufficient. Employers also cannot unilaterally impose overtime without consent, except in exceptional circumstances defined by law (e.g., natural disasters or urgent business needs).
Statutory TextAn employer shall not require an employee to work more than 40 hours per week, excluding rest periods.
— Labor Standards Act, s. 50 — Working Hours
Statutory TextAn employer shall pay wages at a rate of at least 150 percent of ordinary wages for hours worked in excess of the statutory working hours.
— Labor Standards Act, s. 56 — Overtime and Holiday Work Pay
What to Do
Confirm your actual weekly and daily working hours — including unpaid prep/cleanup time, on-call time, or mandatory meetings.
Check your employment contract and any written overtime agreement; verbal promises are not legally sufficient.
File a wage claim with the local Labor Office (Ministry of Employment and Labor) within 2 years of the unpaid overtime.
Request a formal investigation — the Labor Office can order back payment, penalties, and corrective action.
If unresolved, file a petition for labor adjudication (free, fast-track process) or civil lawsuit within the 36-month wage claim period.
Sources
Same Question, Other Jurisdictions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.
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