[Exclusive] Kim Sohee Proposes Labor Standards Act Amendment: "52-Hour Workweek Must Be Eased for Korea to Become a Top 3 AI Power"

[Time in the AI Battlefield, Trapped by the 52-Hour Rule]
① Lead Proposal for Labor Standards Act Amendment
AI Workers Added as Exception to 52-Hour Workweek
Health Protection Also Ensured
"Ruling Party Must Join the Discussion"

Kim Sohee, a member of the National Assembly’s Climate, Energy, Environment and Labor Committee from the People Power Party, sponsored an amendment to the Labor Standards Act on December 11. The amendment aims to lift the 52-hour workweek regulation for artificial intelligence (AI) developers. The bill proposes adding a new Article 63-2 to the Labor Standards Act, which would include research and development workers in fields such as AI as exceptions to working hour limits, while making it mandatory for employers to implement measures to protect the health of these workers.

The amendment stipulates that regulations on working hours, breaks, and holidays would not apply to employees engaged in research and development of new technologies. If overtime work is permitted, employers must guarantee measures such as: ▲supervision by a physician, ▲compensatory or special leave, ▲regular health checkups, ▲encouragement of consecutive use of annual leave, and ▲establishment of counseling channels for health issues.

This bill serves as a follow-up and supplement to the legislation Kim proposed in June, which sought exceptions to the 52-hour workweek regulation. When ruling party members expressed reluctance to grant exceptions to the 52-hour rule due to concerns about protecting workers’ physical and mental health, the new amendment was designed to accelerate the legislative process by including mandatory employer obligations for health protection.

Kim Sohee, a member of the People Power Party, is recently giving an interview to The Asia Business Daily at the National Assembly member's office. Photo by Kim Hyunmin

The passage of this amendment is directly linked to the survival of AI venture and startup industries. Competing fiercely with AI powerhouses such as the United States and China, the industry is facing productivity declines and recruitment difficulties due to the 52-hour workweek. Under the current law, employees cannot work more than 40 hours per week or more than 8 hours per day. Violating the 52-hour workweek can result in up to two years in prison or a fine of up to 20 million won for business owners, leading startup founders to express difficulties in running their businesses.

Kim emphasized, "Now is the last golden opportunity to discuss institutional reforms that combine exceptions to working hours for research and development and professional jobs with strong health protection measures." She added, "If the 52-hour law remains unchanged, Korea will be stigmatized as a country with strict official working hour regulations but unable to properly safeguard either innovation or workers’ health."

The following is a Q&A with Assemblywoman Kim.

-What are the voices from the field in the AI industry regarding the 52-hour workweek?

▲AI ventures and startups produce results by making quick responses and intense efforts in a short period with limited resources. However, the rigidity of the current working hour system does not match the characteristics of these industries. For example, the AI industry requires continuous research on new papers and data, but it is difficult to perform such work only within fixed hours. Moreover, since many projects are project-based, short-term intensive work is often unavoidable, but working hour restrictions are significantly reducing work efficiency and development speed. Companies are struggling to meet deadlines while maintaining the quality of deliverables.

-Is the system failing to keep up with changes?

▲The industrial structure is shifting from manufacturing to service-oriented sectors, but the system is still based on manufacturing. Until the 1990s, preventing industrial accidents and fatalities caused by long factory hours was of utmost importance. That is why working hour regulations were introduced. However, applying the same working hour discipline as manufacturing to industries where creativity and concentration are key, and where time input does not guarantee productivity, is not appropriate. Research and development work in advanced industries, including AI, often peaks at certain times, making project-based work with intensive periods followed by sufficient rest essential. The Lee Jaemyung administration has pledged to make Korea one of the world’s top three AI powers, but in reality, it is holding back AI companies that want to compete in the global market. The direction of industrial activation and the direction of working hour regulations are completely misaligned. Institutional reform is needed.

-There are still concerns about workers’ health protection.

▲We need a sophisticated solution that does not neglect either of the two major tasks: our industrial competitiveness and the health rights of research and development workers. It is true that Korean wage workers have long working hours, and the health rights of research and development employees, who require high concentration, must be a top priority. However, AI is not just an industry; it is an infrastructure that determines national economic security and technological dominance. If rigid labor regulations drive AI talent and companies overseas, the damage will be significant. Still, this does not mean we should sacrifice workers’ health rights for competitiveness, which is why I have proposed this supplementary legislation. The ruling party must actively participate in the discussion.

Kim Sohee, a member of the People Power Party, is recently giving an interview to The Asia Business Daily at the National Assembly member's office. Photo by Kim Hyunmin

-What is the situation for overseas AI companies and developers?

▲China’s AI and tech industries have a deeply rooted "996" culture (working from 9 a.m. to 9 p.m., six days a week). In Silicon Valley, U.S. AI companies are exposed to extremely intense work, with employees working 80 to 100 hours per week. Nevertheless, many researchers and developers choose these jobs to secure competitiveness in a rapidly changing industry. The industry has no choice but to make such decisions to secure global competitiveness. Rather than restraining companies with blanket regulations, we need to create a system where our industry can grow and workers can work safely. Japan, for example, has introduced the "Highly Professional System," exempting certain workers from working hour regulations while mandating health protection measures.

-What if the bill does not pass?

▲Global AI and semiconductor companies will increasingly establish research and development bases in countries with more flexible working hours instead of Korea. Domestic companies are already considering dispersing key development personnel to the United States, Singapore, and other countries. Young Korean developers and researchers who want to achieve results are also likely to choose to go abroad. This is not just about reducing "good jobs"; it could mean Korea gradually losing its position at the center of the technological power competition. An even bigger concern is that the gap between law and reality will widen. If regulations remain but competition intensifies, there will be more loophole operations. On the surface, it may appear that the 52-hour workweek is being observed, but in reality, overtime and night work will accumulate in the gray area. This helps neither the protection of workers’ health rights nor trust in the rule of law.