When employees of your Korean entity are required to travel for business, does the time spent traveling count as working hours under Korean labor law?
In this article, we break down how business travel time is treated, with a special focus on overseas travel cases.

 

1. How is "working hours" defined under Korean law?

Under Korean labor law, “working hours” refer to the time when employees are under the employer’s control or supervision, whether explicit or implicit.
Even without direct orders, if the employee's time is effectively controlled by the employer, that time may qualify as working hours.

 

2. Key criteria for determining working hours during business travel

The Ministry of Employment and Labor (MOEL) and Korean courts consider several factors:

• Whether the employer instructed or directed the activity

• The employee’s obligation to perform the task

• Whether refusal would result in disadvantages

• The degree of restrictions on time and place

 

Additionally, courts review the employment contract, internal regulations, and whether the employee had freedom during breaks.

 

3. Does business travel time automatically count as working hours?

Not necessarily.

According to Article 58 of the Korean Labor Standards Act:

• If it is difficult to record exact working hours while working outside the workplace (e.g., during a business trip), the employee is deemed to have worked the scheduled working hours (e.g., 8 hours).

• If the task normally requires longer hours, the "normally required time" should be regarded as working hours.

 

Importantly, Korean law allows written agreements with the employee representative to predefine the "normally required time" for certain types of travel.

 

4. Special considerations for overseas business trips

Is flight time during business travel considered working hours in Korea?

Yes — in principle, long-distance travel such as overseas flights is typically considered part of working hours.
This includes:

• Flight duration

• Immigration and customs procedures

• Airport waiting times

However, it is advisable to have a written agreement in place with employee representatives to avoid future disputes regarding how travel time is calculated.

 

5. Examples from Korean authorities

• Recognized as working hours:
  Teachers escorting students on school trips are deemed to have worked normal working hours under business travel rules, as they remain under supervision and obligation.

• Not recognized as working hours:
  If an employee simply commutes from home directly to a client site (similar to commuting), that travel time may not count as working hours.

• Special note for long-distance travel:
  If the trip involves a significant distance (e.g., flying from Seoul to Busan or overseas), the travel time should generally be included in working hours.

 

6. Practical steps for foreign HR managers

If your Korea office frequently assigns overseas business trips, consider:

• Drafting a written agreement with employee representatives specifying how travel time will be handled

• Establishing internal guidelines for calculation of working hours during business trips

• Documenting actual working hours carefully during extended travel to support payroll and compliance reviews

This helps ensure compliance with Korean labor law while maintaining operational efficiency.

 

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In Korea, business travel time, including overseas flights, can often be treated as working hours, depending on specific circumstances.
For foreign HR managers supporting Korean operations, setting clear policies through consultation and written agreements is key to avoiding legal risks.

If you need assistance drafting compliant travel policies or handling employment matters for your Korean entity, please feel free to contact us.

 

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