When Kim Dae Eun, a 32-year-old office worker at Oracle Korea Limited (Ltd.), goes on vacation, he occasionally gets an email from his manager and sometimes even gets a call in an emergency. On the other side of Seoul, Kim Jin Kyung, who works at E-mart, a retail company in Korea, arrives home after a long, hard day at work, craving a good night’s sleep. However, she also receives messages from her manager from time to time after work. These two are not the only ones who work outside their expected working hours—many more have to endure these daily struggles.

 

   
▲ PROVIDED BY FRESH NEW BUSINESS THINKING.

Several months ago, a young South Korean film producer from the entertainment company CJ E&M, Lee Han-Bit, committed suicide after supposedly working for 20 hours a day. This tragic incident has increased the awareness of South Korean citizens regarding overworking. While Lee’s case was extreme, there is no doubt that giving workers a break is necessary. Laptops and smartphones have blurred the line between the professional and personal spheres, raising both physical and mental 

health concerns that has caused the government to take action by launching the new Kakao Talk Ban Policy.
 
 
The Land of Workaholics Needs Rest
 
 
South Koreans are too used to working. With the highest education level among Organization for Economic Cooperation and Development (OECD) countries, South Korea takes the crown as a country of workaholics, with average working hours of 44.6 hours a week. This phenomenon, which cannot be attributed to individuals only, is causing concern within the government and among citizens.
 
 

While many workers are discussing this issue, not everyone is openly voicing their opinion about the Kakao Talk Ban Policy. “In our office, I have never seen anyone talking about this policy,” said Kim Dae Eun. “However, when we receive extra work after working hours, I hear frequent complaints. If the bill is passed, people would be able to discuss this more openly and feel justified in protesting should they be called upon after working hours.” In addition, Kim Jin Kyung said, “I believe that bosses try not to send work-related messages after working hours as they have to respect the worker’s private lives. However, occasionally I do get some emails, messages, and calls in emergency situations.” 

 

Indeed, a survey by The Straits Times states that more than 67 percent of employers either call or send an email to one of their subordinates after working hours. In addition, according to Kim Ki-sun, a deputy researcher at the Korea Labor Institute (KLI), a survey of 2402 workers in the nation’s manufacturing and service industry in 2016 showed that the average time spent using electronic devices for work purposes after working hours was 1.43 hours on weekdays and 1.6 hours on holidays, resulting in 10.3 hours per week.

 

Working Conditions in European Countries
 
 
 
Other countries such as France and Germany introduced a policy last year called The Right to Disconnect. More and more people are starting to realize the importance of mitigating burnout and
stress by drawing a clear line between workplace and home. This law is already well-enforced in most companies, and others still anticipate future negotiations with their employees.
 
 
   
▲ Professor Judith Janna Maertens (College of Law). PROVIDED BY JUDITH JANNA MAERTENS.
 
To be more specific, according to Professor Maertens (College of Law), The Right to Disconnect in Germany has its legal roots in the Working Time Law, or Arbeitszeitgesetz (AZG). It states that
the maximum working time is eight hours per day (Section 3, Sentence 1 AZG) and employees have the right to rest for 11 hours under Section 5 AZG (Ruhezeit). In addition, working on Sundays and bank holidays is forbidden, so if employees work on Sundays, they have the right to rest for day in return under the Section 10 of AZG. That is why many companies, including Germany’s multinational automobile company Daimler AG, took one step further by using an auto-delete policy.
 
 
This innovative system automatically replies to the sender or employer during holidays. The reply states, “I am on vacation. I cannot read your email. Your email is being deleted. Please contact Hans or Monika if it is really important, or resend the email after I’m back in the office. Danke Schoen.” In an interview with BBC Radio, Daimler AG spokesman Oliver Wihofszki mentioned that the response tends to be positive because everybody thinks that sending an automatic reply in a polite way is a “real nice thing to do.” 
 
The Ambiguity of the Kakao Talk Ban Policy
 
 
Still, critics of The Right to Disconnect policy maintain that it is too vaguely defined. Forbidding employees to check their email on weekends and during vacation seems unreasonable. Added to
this, if the government gains access to private email or employee phone numbers, it may infringe on privacy. Both Kim Jin Kyung and Kim Dae Eun mentioned that the punishments for people breaking this rule seem too vague as well. On the other hand, in Germany, Professor Maertens explained, “Holiday has to be a time that is totally free of work by law. Under German law, Section 22 and 23
AZG, a legal consequence of not following the law for the employer could result in a prison sentence of up to one year.”
 
 
Moreover, while this policy might work in other countries and be able to garner positive reviews among workers, there is no guarantee the same would be true for South Korean workers and employers. Kim Dae Eun expressed his hope for the law’s effects while Kim Jin Kyung stated that “in the end this bill will be passed and will lead to positive results, but people from South Korea and
Europe are different, so their work ethics are different as well.” She continued, “I sometimes work with European workers, and when I have to contact them, it gets a little frustrating not being able to reach them during holidays. So in the end, I think it is a matter of perspectives.”
 
 
In many Western countries, the employer is seen as the “master of the company,” according to the words of Professor Maertens. As the one responsible for making major decisions, employers hold
the corporation’s heart in their hands. The same seems to be true for the workaholic and yet patriarchal Korea; as such, its employers would need to be better informed of this law and change their perception of labor as well. Leisure time and holidays are necessary means of increasing productivity and output. There will be time for work-related messages later.

 

 
저작권자 © The Granite Tower 무단전재 및 재배포 금지