5-or-More Ordinary Employee Determination
Is your workplace at 5 or more employees? Enter last month's headcounts to compute person-days ÷ operating days with the one-half exception applied instantly.
⚖️ Who to exclude
The representative (owner), days staffed only by cohabiting relatives, and dispatched workers are excluded from the ordinary employee count. Enter only actual employees (regular, contract, daily, part-time).
Input mode
Weekday pattern suits regular schedules; day-by-day is accurate when headcount varies.
📅 Headcount by weekday
Enter each weekday's actual employee count and whether it operates. 4 weeks ≈ 28 days, 5 weeks ≈ 35 days approximates one month.
📊 Result
Ordinary employees
4.00
person-days ÷ operating days
Average and final determination agree (one-half exception not applied).
Operating days
20d
Person-days
80
Days with 5+
0d
Days under 5
20d
Rules that newly apply at 5+
N/AThe items below are not mandatory while under 5 employees.
- —Paid annual leave · 제60조
- —Overtime / night / holiday premium pay · 제56조
- —Remedy for unfair dismissal · 제23조·제28조
- —Written notice of dismissal · 제27조
- —Statutory working hours / overtime limit · 제50조·제53조
- —Shutdown allowance · 제46조
Rules that apply regardless of size
Any workplace with 1+ employee is always subject to the below.
- ✔Minimum wage · 최저임금법
- ✔Weekly paid holiday · 제55조
- ✔Advance notice of dismissal · 제26조
- ✔Written employment contract · 제17조
- ✔Severance pay · 퇴직급여법
- ✔Social insurance · 4대보험
Basis & sources
- 📘 Labor Standards Act Art. 11 (Scope)
- 📗 LSA Enforcement Decree Art. 7-2 (counting ordinary employees)
- 🏛️ Ministry of Employment and Labor — ordinary employee count
※ This is a reference calculation based on public statutes, not legal advice. Excluded workers and exceptions vary by case; confirm with a labor attorney or your local labor office (MOEL 1350).
Guide · FAQ · bal.pe.kr 도구 모음
Method details in the Guide, questions in the FAQ, legal basis in About. Last updated 2026-07-06.