SEOUL, Oct. 21 (Korea Bizwire) — South Korea’s Supreme Court has ruled that resident doctors at general hospitals are entitled to overtime and night-shift pay under the Labor Standards Act, marking a major decision that reinforces labor protections for medical trainees.
The court upheld a lower court ruling in favor of three former emergency medicine residents at Asan Medical Center in Seoul, confirming that they qualify as workers under labor law.
The decision rejected the hospital’s argument that the residents were trainees outside the scope of the law or that their wages already included such allowances under an implied comprehensive wage agreement.
The Asan Medical Center in Seoul (Image courtesy of Yonhap)
The plaintiffs, who trained between 2014 and 2017, argued that despite working more than 80 hours a week, they were not paid additional compensation for extended and overnight shifts.
The Supreme Court agreed that their contracts—stipulating 80-hour workweeks—violated the statutory 40-hour weekly limit and that no valid agreement existed to waive overtime pay.
As a result, Asan Foundation, which operates the hospital, must pay each doctor between 169 million and 178 million won (US$123,000–130,000) in unpaid wages.
Legal experts say the ruling could have broad implications for residency programs nationwide, potentially prompting other hospitals to reassess their pay structures and compliance with labor regulations for medical trainees.
Jerry M. Kim (jerry_kim@koreabizwire.com)
