Park Hong-bae "Semiconductor Act's 52-Hour Workweek Exemption Clause Must First Undergo Social Dialogue"

"Special Provisions Exist... What Improvements Are Needed?"
"Need Social Dialogue with Concrete Proposals"
Low Possibility of Legal Revision at the Environment and Labor Committee Level

The ruling and opposition parties are clashing over including an 'exception clause for the 52-hour workweek' in the Semiconductor Special Act. The government and the ruling party argue that, considering the nature of semiconductor research and development work amid intense international competition, an exception should be established to allow deviation from the current labor system stipulated in the Labor Standards Act. On the other hand, the opposition claims that the current special exception system is sufficient. Park Hong-bae of the Democratic Party, who has led labor hour issues in the National Assembly, suggested that "labor and management should start dialogue within a social dialogue framework" regarding this issue.

In an interview with Asia Economy on the 26th, Representative Park said about the issue of exceptions to the 52-hour workweek in semiconductor research fields, "There are already exception regulations such as discretionary work, selective work, special extended work, and flexible work. The business community needs to specifically explain what problems require new exceptions," adding, "Based on this, they should present what concessions are needed from the labor side and resolve it through social dialogue."

Park Hong-bae, a member of the Democratic Party of Korea, is giving an interview to Asia Economy at the National Assembly on the 26th. Photo by Kim Hyun-min

He criticized the business community's approach of pushing for a special law, saying, "They should not portray the 52-hour workweek framework as if it has no flexibility at all." He pointed out that solutions could be sought through existing systems, but the focus is only on solutions via special legislation. He also criticized bypassing social dialogue bodies. He said, "Isn't there ongoing social dialogue in the Economic, Social and Labor Council (ESLC) Work-Life Balance Special Committee? Since there is clear social dialogue, organizations like the Korea Employers Federation should add this issue to the agenda if they want to engage in dialogue and check how much the public can accept it."

Representative Park emphasized the importance of 'dialogue' several times. He said social consensus on working hours is considered the most sensitive topic and was created through concessions made by each stakeholder via dialogue. Park stated, "Since the introduction of capitalism, working hours have been a core issue, and through social dialogue bodies, working hours have been reduced," adding, "If necessary, statutory organizations such as the Federation of Korean Industries should participate in social dialogue and add this issue to the agenda." He further added, "Employer organizations can present their claims and check how much the public can accept."

Park Hong-bae, a member of the Democratic Party of Korea, is giving an interview to Asia Economy at the National Assembly on the 26th. Photo by Kim Hyun-min

Of course, some within the party voice considerations for special legislation given the increasingly fierce competition between countries. However, Representative Park said semiconductor research and development work is not exceptional enough to be exempt from the Labor Standards Act.

In the National Assembly, there is public opinion that the issue should be handled from the perspective of working hours by the Environment and Labor Committee (Environment and Labor Committee), rather than the Industry, Trade, Energy, Small and Medium Enterprises Committee, which oversees the Semiconductor Special Act. Representative Park also viewed the possibility of legal amendments at the Environment and Labor Committee level as low. Regarding the possibility of amending the Labor Standards Act, he flatly rejected it, saying, "It is absolutely impossible to indiscriminately exempt industries and not require agreement with labor representatives."