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Article 61 of the Labor Standards Act stipulates that the provisions on working hours, rest, and holidays under the Labor Standards Act do not apply to certain categories of workers, thereby excluding them from protection through regulation of working hours.
The scope of workers excluded from such protection is specified in each subparagraph of Article 61 of the Labor Standards Act,
① Workers engaged in land cultivation, reclamation, planting, cultivation, harvesting of plants, and other agriculture and forestry businesses,
② Workers engaged in animal husbandry, capture or aquaculture of aquatic animals and plants, and other livestock farming, sericulture, and fisheries businesses,
③ Workers who are engaged in supervisory or intermittent work and for whom the employer has obtained approval from the Minister of Employment and Labor,
④ Regardless of the type of business, this includes management and supervisory duties or duties handling confidential matters (Article 30 of the Enforcement Decree of the Labor Standards Act).
In other words, it can be seen as targeting workers directly engaged in agriculture, forestry, and fisheries, supervisory and intermittent workers, and managers and supervisors who are integral to the business owners. The provisions excluded from application to these workers are those in Chapter 4 and Chapter 5 of the Labor Standards Act regarding working hours, holidays, and rest periods. Therefore, standard working hours (Article 49), flexible working hours system and selective working hours system (Articles 50 and 51), restrictions on extended work (Article 52), rest periods (Article 53), weekly holidays (Article 54), premium pay for extended and holiday work (Article 55), compensatory leave system (Article 55-2), deemed working hours system and discretionary work system (Article 56), special provisions on working hours and rest periods (Article 58), restrictions on extended work for young workers (Article 67), restrictions on holiday work for women and young workers (Article 68), restrictions on extended work for women within one year after childbirth (Article 69), etc., do not apply. However, since Article 61 of the Labor Standards Act excludes application only to 'provisions on working hours, rest, and holidays,' provisions on vacations, including annual paid leave, menstrual leave, prenatal and postnatal leave, etc., are fully applied. Additionally, while restrictions on extended work and holiday work are excluded, restrictions on night work are not excluded. Therefore, among the provisions of Article 55, which stipulates premium pay for overtime work, the premium pay for night work must be applied, and among the provisions of Article 68, the content regarding restrictions on night work for women and young workers must be applied. Furthermore, even if Article 61 of the Labor Standards Act excludes application, it does not restrict limiting extended work or designating weekly holidays and separate statutory holidays through employment rules or collective bargaining agreements.