Ignore late messages from the boss? Maybe, if new 'right to disconnect' legislation gets approved.

The KakaoTalk online chat app [YONHAP]

 
For many employees, the workday no longer ends when they leave the office — it ends when the phone finally stops buzzing. As after-hours messages on KakaoTalk and other platforms continue to blur the line between work and rest, the government’s push to introduce the so-called right to disconnect has brought the issue back into focus.

 
The government plans to address the right to disconnect, alongside legislation aimed at reducing actual working hours in the first half of the year, according to the Ministry of Employment and Labor on Thursday. Rather than imposing a blanket ban or penalties, officials are considering a system of incentives for companies that adopt the measure voluntarily through employment rules or collective bargaining agreements.

 

Related Article

• Seoulites want to work fewer hours, take more time for leisure: Survey

• Special education teacher's death recognized as work-related by Veterans Affair Ministry

• KakaoTalk rolls out 'send quietly' feature for a more discreet messaging experience

 
“The government is considering various incentive schemes, such as financial support for companies that voluntarily establish and operate related rules and awards for exemplary firms selected by the ministry,” a ministry official said.

 
The road map for reducing actual working hours agreed to by labor, management and government in December 2025 included language on “protection from unnecessary work instructions outside working hours.” A bill submitted to the National Assembly on support for reducing actual working hours also states that employers should try to limit work instructions made outside working hours through phone calls, text messages, email and social media, or take necessary steps so workers can refuse them.

 
Although the provision would not be mandatory, conflicts could still arise over interpretation and application if it is introduced through collective bargaining agreements or other workplace arrangements. At workplaces, there are already concerns that disputes could flare up over what counts as unnecessary contact or instructions.

 
“Standards for what is ‘unnecessary’ can vary not only between supervisors and subordinates, but also among colleagues,” said Hwang Yong-yeon, head of labor policy at the Korea Enterprises Federation. “Conflict could arise during the introduction process or in day-to-day operation over whether a particular contact was necessary.”

 
Naturally, the business community opposes a mandatory or punitive model. Labor circles, on the other hand, see the proposed provision as a possible starting point for building a broader social consensus.
 

KakaoTalk's typing indicator in action [YONHAP]

 
“There were many calls for this to be made a mandatory provision, but labor agreed to compromise because there is value in taking the first step,” said Ryu Je-gang, head of policy division 2 at the Federation of Korean Trade Unions. “If this provision leads to demands for related clauses in collective bargaining agreements and labor and management build social standards through agreement, legislation could follow in the future.”

 
Even overseas, governments do not often impose a uniform standard. France, which became the first country in the world to introduce a right to disconnect in 2016, requires workplaces with 50 or more employees to discuss how that right will be exercised during annual collective bargaining with labor unions. 
 
If no agreement is reached, the company must draw up internal guidelines. There was no separate penalty provision in the early stage of the system, but violations of the collective bargaining obligation can now be punished.

 
Australia has codified workers’ right to refuse to check or respond to all forms of contact outside working hours. In the event of a dispute, the Fair Work Commission weighs factors including the purpose and manner of the contact, the degree of disruption, whether compensation was provided and to what extent, the nature of the job and scope of responsibility and the worker’s personal circumstances.
 
Because the measure would not be mandatory, the right to disconnect is unlikely to spread quickly in the near term. Even so, excessive work-related contact late at night or on weekends through KakaoTalk or similar platforms could, depending on the circumstances, raise legal issues even without a formal obligation.

 

Hong Min-taek, Kakao's Chief Product Officer, speaks during a press conference on updates to the KakaoTalk app at the company's AI campus in Yongin, Gyeonggi on Sept. 23, 2025. [KAKAO]

 
“If a supervisor contacts a worker too frequently outside working hours and then immediately follows up with a phone call because there is no prompt reply, that could, depending on the circumstances, become grounds for disciplinary action or be recognized as workplace harassment,” said Lee Kwang-sun, a partner at Yulchon LLC.

 
The National Labor Relations Commission has in fact ruled that repeated work instructions after hours constituted workplace harassment and found discipline imposed on that basis to be justified.

 
“If frequent contact is made outside working hours without business urgency or necessity, it may be possible to seek damages on the basis of an unlawful act, such as invasion of privacy,” Lee said.

 
In addition, if contact outside working hours leads to actual work being performed, it may be recognized as overtime. If that in turn results in a violation of the 52-hour workweek cap, it could even lead to criminal liability.


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM YEON-JOO [kim.minyoung5@joongang.co.kr]