Article 61 (Measures to Urge Workers to Take Annual Paid Leave), Labor Standards Act, as last amended by Act No. 12325, Jan. 21, 2014

Unused annual leave cannot carry over to the next year unless an employee cannot use them due to an employer. Instead, unused leaves will be monetarily compensated. However, when an employer urges workers to use up all their leaves pursuant to the applicable legal process, then the employer does not have to compensate those unused leaves.


*Labor Standards Act

Article 61 (Measures to Urge Workers to Take Annual Paid Leave)

Where any worker's paid leave is terminated by time limitation pursuant to the main sentence of Article 60 (7) because the worker fails to take his/her paid leave although the relevant employer has taken the measures falling under each of the following subparagraphs to urge workers to take their respective annual leave pursuant to Article 60 (1), (3) and (4), the relevant employer is not liable to indemnify the worker for his/her failure to take the paid leave, and the worker’s failure to take the paid leave shall be deemed not to fall under the reasons attributable to the employer provided for in the proviso to Article 60 (7):

1. Any employer shall notify in writing every worker of the number of days of his/her paid leave that has not been taken, and shall urge every worker to notify the employer of a period he/she is planning for the paid leave after determining on such period within ten days as, at the six months before the period under the main sentence of Article 60 (7) expires;

2. Notwithstanding the urge referred to in subparagraph 1, if the worker fails to notify the employer of a period during which he/she is planning to take all of part of his/her remaining paid leave within ten days from the date he/she is urged to take his/her paid leave, the an employer shall notify in writing the worker after setting a period for his/her paid leave, by not later than two months before the period under the main sentence of Article 60 (7) expires.