Daily Cap of 10 Hours Proposed for Night Work After 10 PM
Bill Proposed to Cap Night Work at 10 Hours Per Day
The daily working hours for laborers working after 10 p.m. are expected to be legally limited to a maximum of 10 hours. On the 25th, Rep. Park Hong-bae of the Democratic Party introduced a revision to the Labor Standards Act aimed at protecting the health of night workers and delivery workers. The bill proposes limiting night work to a maximum of 10 hours per day and guaranteeing 11 consecutive hours of rest.
This bill is based on research from the International Labour Organization (ILO) and industrial health studies indicating that long-term night labor leads to health deterioration, such as sleep disorders and cardiovascular diseases. In particular, as overwork-related accidents have repeatedly occurred among groups exposed to so-called "cold chain" night work, such as delivery drivers and logistics workers, there have been consistent calls for a legal limit on night work distribution, which is currently left to the discretion of employers.
The core of the revision lies in two points. First, it limits work performed during night hours—defined as between 10 p.m. and 6 a.m. the following day—to no more than 10 hours per day. Additionally, it stipulates that workers must be guaranteed at least 11 hours of continuous rest between finishing night work and starting their next shift. Penalties would apply to employers who violate these regulations.
President Urges "Early Legislation" on Lowering Age of Criminal Responsibility
President Lee Jae-myung has directly intervened in the ongoing debate regarding the age of criminal responsibility for juveniles. On the 25th, President Lee urged the Legislation and Judiciary Committee to expedite legislation, stating, "I hope a swift conclusion is reached on the issue of lowering the age of criminal responsibility." The President mentioned a plan to allow for punishment by lowering the criminal penalty age by 1 to 2 years for serious repeat crimes.
Under the current Juvenile Act, juveniles under the age of 10 are not subject to criminal punishment, while those aged 10 to 14 are principally subject to protective measures rather than criminal punishment. As crimes by low-age offenders have recently become a social issue, calls to lower the age of punishment are clashing with counterarguments emphasizing education and rehabilitation over punishment within and outside the National Assembly. The President's remarks have set a direction for the debate, increasing the likelihood that the processing speed of related revisions will accelerate during the regular National Assembly session in September.
Right to Discontinue Prosecution Key Point in Special Counsel Bill for Fabricated Indictments
Meanwhile, legislative discussions, which had been stalled, are moving again as the ruling party pushes for the passage of the "Special Counsel Bill for Truth Verification into Fabricated Investigations and Indictments"—commonly known as the fabricated indictment special counsel bill—next month. The core point of contention is whether to grant the special counsel the right to discontinue prosecution (public prosecution). The right to discontinue prosecution allows the prosecution to withdraw an indictment already filed, serving as a powerful tool that allows the special counsel to halt trial proceedings in cases judged to be fabricated indictments.
Even within the ruling party, cautious views have been raised regarding granting this authority, due to concerns that it could undermine the presumption of innocence and the balance of authority between the prosecution and the courts. On the 25th, the People Power Party urged a halt to the bill's promotion, reacting with a statement that the ruling party will "face the judgment of the people." The opposition party maintains that the right to discontinue prosecution is essential to effectively support the special counsel's investigative authority. Given the differences in opinion, negotiations over amendments appear inevitable during the National Assembly passage process.
September Regular Session Faces Three Major Issues: Labor, Criminal Justice, and Special Counsel
While these three issues differ in nature, they all must pass through the same channel: the regular National Assembly session in September. As the night work cap bill sees the concern of businesses over reduced workforce flexibility clash with labor's demand for health rights, negotiations over industry-specific exceptions are expected during public hearings and audit processes. Regarding the lowering of the age of criminal responsibility, despite the President's call for early processing, there is a high possibility that alternatives strengthening protective measures will be discussed simultaneously.
The fabricated indictment special counsel bill is the issue with the most distinct partisan confrontation structure. As cautious views within the ruling party regarding the right to discontinue prosecution are gathered and the People Power Party's opposition continues, the passage is likely to be determined by the form of a revised bill rather than the bill itself. Ultimately, determining the speed and direction of legislation during this regular session will depend as much on the balance of political power as on the content of the bills.
