Work after 10 p.m., or beyond 8 hours in a day, and Korean law adds 50% to the hourly wage. Labour Standards Act Article 56(1) requires a premium of at least 50/100 of ordinary wages for overtime, and Article 56(3) the same for night work between 10 p.m. and 6 a.m. the next day. The article doesn’t apply to workplaces with four or fewer regular workers (Enforcement Decree, Annex 1). Part-timers whose contracted day is under 8 hours get 50% from the first hour over their contracted hours (Fixed-term and Part-time Workers Act Art. 6(3)). Enter start, finish and break times to split overtime and night hours and see the day’s pay.
1. Overtime (over 8 hours a day) and night work (22:00–06:00) each carry at least 50% of ordinary wages (Art. 56(1), (3)).
2. Workplaces with 4 or fewer workers have no premium duty — Annex 1 lists only Arts. 54, 55(1) and 63 from Chapter 4.
3. Part-timers get 50% once they pass their contracted hours — even under 8 hours (Fixed-term Act Art. 6(3)).
Calculator
Updates as you type. A finish time earlier than the start is read as the next day. Overtime here means more than 8 hours in the day; the weekly 40-hour test isn’t counted. Premium = minutes × half the hourly wage ÷ 60, rounded down (our method). Where overtime and night hours overlap, both premiums are added (our reading).
The provisions
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Labour Standards Act Art. 56(1) | For overtime (hours extended under Arts. 53, 59 and the proviso to 69), at least 50/100 of ordinary wages is added | Overtime is measured against Art. 50’s 8 hours a day and 40 a week |
| Art. 56(3) | For night work (between 10 p.m. and 6 a.m. the next day), at least 50/100 of ordinary wages is added | Applies even when it isn’t overtime |
| Art. 50 | No more than 40 hours a week or 8 a day, breaks excluded; supervised waiting time counts as work | Breaks come off |
| Fixed-term Act Art. 6(1), (3) | Work beyond a part-timer’s contracted hours needs consent, capped at 12 hours a week, and carries at least 50/100 of ordinary wages | Applies to workplaces of 5 or more (Art. 3) |
Article 11 applies the Act to workplaces with five or more regular workers; smaller ones get only the provisions the Decree lists. Annex 1 is that list, and from Chapter 4 (working hours and rest) it includes only Art. 54 (breaks), Art. 55(1) (paid weekly holiday) and Art. 63 — not Arts. 50, 53 or 56. So in a workplace of four or fewer there is no statutory night premium, unless the contract or work rules provide one.
Four sums — our example (ordinary hourly wage 12,000 won)
| Case (our example) | Day’s pay | Worth noting (our sum) |
|---|---|---|
| 18:00–03:00, 60-minute break before 22:00 | 126,000 won | 8 hours 96,000 + night premium on 5 hours 30,000 |
| 09:00–22:00, 60-minute break | 168,000 won | 12 hours 144,000 + overtime premium on 4 hours 24,000 |
| 22:00–08:00, break 02:00–03:00 | 156,000 won | 9 hours 108,000 + premium on 1 overtime and 7 night hours 48,000 |
| Part-timer (5 contracted hours) 14:00–21:30, 30-minute break | 96,000 won | 7 hours 84,000 + premium on 2 hours over contract 12,000 |
In the third case the shift has 9 hours of work, so the last hour (07:00–08:00), which is after the night window, is the overtime hour. The night window 22:00–06:00 is 8 hours less the 1-hour break, so 7 night hours. Premiums on 1 + 7 hours come to 48,000 won. In a workplace of four or fewer the same shift pays 108,000 won.
Where overtime and night hours overlap we add both premiums, since paragraphs (1) and (3) are separate (our reading), and the calculator does the same. Holiday work is in holiday work pay calculator.
What the calculator leaves out
- The weekly 40-hour test — hours over 40 in a week are overtime even if no single day passes 8 (Art. 50(1)). The calculator looks at one day.
- Ordinary wages themselves — what goes into them depends on the pay structure. Enter an hourly figure already worked out.
- Flexible and selective hours schemes — Arts. 51 and 52 change the baseline.
- Workers excluded by Art. 63 — agriculture and fisheries, approved surveillance or intermittent work and others are outside the hours, breaks and holiday rules. Whether the night premium in Art. 56(3) drops out too we didn’t check.
Checklist
- ☐ Five or more regular workers?
- ☐ Breaks taken out of hours worked
- ☐ Hours between 22:00 and 06:00, and breaks in that window, counted separately
- ☐ Part-timers: the contracted daily hours
- ☐ Overtime and night premiums shown separately on the payslip
Questions that remain
Does the premium apply if the job was a night job from the start?
Article 56(3) attaches the premium to “night work” and doesn’t ask whether it was agreed in advance. In a workplace of five or more it reads as applying.
Can I take time off instead of money?
Article 57 lets the employer give leave instead of overtime, night and holiday pay under a written agreement with the workers’ representative.
Sources
- Korean law database (law.go.kr) — Labour Standards Act Arts. 11, 50, 53, 56, 57, 63 — source (current text, effective 8 October 2026, Act No. 21533; checked 21 October 2026). Scope (5 or more), 40 hours a week and 8 a day, overtime cap, 50/100 premiums for overtime and night work, compensatory leave, exclusions.
- Korean law database — LSA Enforcement Decree Art. 7 and Annex 1 — source (effective 23 October 2025, Decree No. 35436; Annex 1 revised 29 June 2018; checked 21 October 2026). Provisions applied to workplaces of four or fewer.
- Korean law database — Act on the Protection of Fixed-term and Part-time Workers Arts. 3, 6 — source (effective 18 May 2021, Act No. 18177; checked 21 October 2026). Consent, 12-hour weekly cap and 50% premium for part-timers’ extra hours.
- Not read. Case law on ordinary wages; flexible-hours details; the Fixed-term Act decree’s list for small workplaces.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Regional employment and labour offices — complaints over unpaid premiums.
- Your contract and work rules — contracted hours and any agreed premium.
Written on 21 October 2026. The content is from the source; the glosses are ours.
