Court: "It Is No Longer a Virtue to Work Hard for a Long Time"

Corporate Representative Fined for Exceeding 52-Hour Work Limit
Employee Commits Suicide Due to Excessive Work Stress

[Asia Economy Reporter Seongpil Cho] A corporate representative who made workers work more than 52 hours per week was sentenced to a fine. Through this ruling, the court conveyed the message that "working long hours diligently is no longer a virtue."

Judge Kim Seonghoon of the Seoul Central District Court Criminal Division 19 recently sentenced Mr. Gu, the former representative of Company A located in Gangnam-gu, Seoul, to a fine of 4 million won on charges of violating the Labor Standards Act. Judge Kim stated, "The value of achieving work-life balance through appropriate regulation of working hours is institutionalized by the Labor Standards Act," and added, "From the perspective that employers must give a clear warning against the custom of naturally demanding overwork from employees, punishment is necessary for the crime in this case."

Mr. Gu was prosecuted for making Park, a member of the accounting team, work overtime exceeding 52 hours around 2014 while serving as the CEO of Company A. At that time, Park's working hours reached 64 hours and 20 minutes. Park suffered from stress due to excessive workload and ultimately died by jumping from the company rooftop in December of that year. The Seoul Occupational Disease Judgment Committee ruled in 2018 that Park's death was a work-related accident.

During the trial, Mr. Gu denied the charges, claiming that the fact that Park worked overtime was not proven. However, Judge Kim determined that Park's working hours exceeded 52 hours based on the usage records of transportation means Park used for commuting during the period in question. Regarding working hours, the court interpreted broadly by including all time from the start of work to the end of work, excluding one hour each for lunch and dinner breaks.

Judge Kim also recognized indirect intent. He stated, "It appears that Park, who was in the early stages of employment, had no choice but to work overtime, so it is difficult to evaluate that he worked voluntarily," and added, "It is appropriate to see that the employer exercised command and supervision over Park's overtime work." He further pointed out, "Nevertheless, the defendant did not implement effective and concrete measures to comply with the statutory working hours."

However, Judge Kim noted, "It is difficult to assess that the defendant had definite intent to commit this crime," and explained, "At the time of the crime, the legal awareness that employers must actively strive to comply with statutory working hours had not been established." It was also a favorable circumstance for Mr. Gu that the Labor Standards Act applied in this case was the law before the amendment that strengthened penalties for employers violating the 52-hour workweek. The amended Labor Standards Act of 2018 stipulates that violating the 52-hour workweek can result in imprisonment of up to two years or a fine of up to 20 million won.

This content was produced with the assistance of AI translation services.