[HOAM Foreign Law Column] Working Hours vs. Prep Time: What counts as paid time?

A common source of conflict in Korean hagwons is the definition of 'working hours.' Many owners claim that only the time spent inside the classroom counts as paid work. However, under the Labor Standards Act (LSA), any time you are under the employer's direction and supervision—including prep time, meetings, and mandatory training—must be compensated.

1. What are Legal 'Working Hours'?

Working hours are defined as the time a worker is at the disposal of the employer to provide labor. In a hagwon setting, this includes:

• Teaching Time: Your actual lectures.
• Prep Time: Required time at the office to create materials, grade tests, or plan curricula.
• Meetings & Training: Mandatory staff meetings, workshops, or parent-teacher consultation prep. If your boss requires you to be at the academy at 1 PM for a 2 PM class, that one hour of 'prep time' is 100% paid working time.

2. The 'Split Shift' and Minimum Wage

Some hagwons use 'split shifts' (e.g., teaching from 10 AM to 12 PM, then 4 PM to 8 PM) to avoid paying for the gap. While split shifts are technically legal, the time you spend waiting at the academy between classes—if you aren't free to leave the premises—is also considered 'Waiting Time' (Dae-gi Si-gan), which is paid working time under the LSA.

3. Overtime and the 5-Employee Rule

If your total daily hours (including prep and meetings) exceed 8 hours, or your weekly hours exceed 40, you are working Overtime. If your hagwon has 5 or more employees, you are entitled to a 50% premium for these extra hours. Many hagwons 'hide' overtime by not counting prep time, effectively paying you less than the legal minimum.

4. Essential Evidence: The Paper Trail

To claim back-pay for unpaid prep time or meetings, you need proof:

• Class Schedules: Showing both teaching and required office hours.
• Communication Logs: KakaoTalk messages or emails from the owner telling you to come in early for a meeting or to finish lesson plans.
• CCTV or Door Logs: Records of when you actually entered and exited the building.

5. Why Hoam Law Firm?

Landlords/Owners often rely on the fact that foreigners don't know the nuances of Korean labor law regarding 'waiting' vs. 'resting.' Hoam Law Firm helps you reconstruct your actual work schedule based on digital and physical evidence. We ensure that every minute you spent contributing to the hagwon's success is accounted for and paid in full.

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