[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: Korea Trapped by the 52-Hour Rule]
① Lead Proposal for Amendment to the Labor Standards Act
AI Workers Added as Exception to 52-Hour Workweek
Health Rights Also Guaranteed
"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 ease the 52-hour workweek regulation for artificial intelligence (AI) developers. The bill proposes to add a new Article 63, Paragraph 2 to the Labor Standards Act, which would exempt research and development workers, including those in AI, from working hour restrictions, while making it mandatory to implement measures to protect the health rights of these workers.

The amendment stipulates that regulations on working hours, breaks, and holidays would not apply to workers engaged in research and development of new technologies. However, if overtime is permitted, employers must guarantee the following: guidance through interviews with a physician, provision of compensatory or special leave, conducting health checkups, encouraging consecutive use of annual leave, and establishing counseling channels for health issues.

This amendment is a follow-up and supplement to a bill introduced by Assemblywoman Kim in June, which sought to provide exceptions to the 52-hour workweek regulation. As some members of the ruling party expressed reluctance to allow exceptions to the 52-hour system due to concerns over workers' physical and mental health, the new amendment includes mandatory employer responsibilities to protect workers' health. This is intended to expedite the legislative process.

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 the AI venture and startup sector. These industries, competing against AI powerhouses such as the United States and China, are facing issues like decreased productivity and hiring difficulties due to the 52-hour workweek regulation. Under this regulation, employees cannot work more than 40 hours per week, and daily working hours cannot exceed 8 hours. Violations can result in up to two years in prison or fines of up to 20 million won for business owners, leading startup leaders to voice operational challenges.

Assemblywoman 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 is not amended and things continue as they are, Korea will be known as a country with strict official working hour regulations, but in reality, one that fails to protect both innovation and workers' health rights."

The following is a Q&A with Assemblywoman Kim.

-What is the AI industry's perspective on the 52-hour workweek?

▲AI ventures and startups generate results through rapid responses and short-term immersion with limited resources. However, the rigidity of the current working hour system does not align with the characteristics of such industries. For example, the AI sector requires continuous study of new papers and materials, and it is difficult to accomplish this within fixed working hours. Additionally, since much of the work is project-based, there are situations where short-term intensive work is unavoidable, yet working hour restrictions significantly reduce 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 regulations are still based on manufacturing. Until the 1990s, preventing industrial accidents and fatalities from long factory hours was of utmost importance, which led to the introduction of working hour restrictions. However, it is not appropriate to apply manufacturing-style working hour rules to industries where creativity and focus are key, and where productivity is not guaranteed simply by time input. Research and development in advanced industries, including AI, often involves concentrated work during certain periods, followed by sufficient rest, making project-based work essential. Although the Lee Jaemyung administration has pledged to make Korea one of the world's top three AI powers, in reality, the current system is holding back AI companies aiming to compete globally. There is a complete mismatch between industrial activation policies and working hour regulations. Institutional improvement is necessary.

-Concerns remain about workers' health rights.

▲It is time for a sophisticated solution that does not neglect either of the two major tasks: 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 professionals, who require high levels of concentration, must be a top priority. However, AI is not just another industry but a foundational infrastructure that determines national economic security and technological leadership. If AI talent and companies move abroad due to rigid labor regulations, the damage will be significant. Nevertheless, this does not mean that competitiveness should be secured at the expense of workers' health rights, which is why this supplementary legislation has been proposed. 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, AI companies expose employees to extremely intense work schedules of 80 to 100 hours per week. Nevertheless, many researchers and developers are choosing these jobs to remain competitive 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, Korea must foster industry growth while ensuring that workers can work safely. Japan, for example, exempts highly professional jobs from working hour regulations through its "Highly Professional System," but makes it mandatory to implement health protection measures.

-What if the bill does not pass?

▲If the bill does not pass, global AI and semiconductor companies will increasingly establish their research and development centers in countries with more flexible working hours instead of Korea. Korean companies are already considering distributing 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 work abroad. This is not just about a reduction in "good jobs"-it could mean Korea is gradually losing its place at the center of the technology leadership race. An even greater concern is that the gap between law and reality will widen. If regulations remain unchanged while competition intensifies, more companies may resort to workarounds. On the surface, it may appear that companies are complying with the 52-hour workweek, but in reality, overwork and late-night labor may accumulate in gray areas. This benefits neither the protection of workers' health rights nor the credibility of the rule of law.