Article 6 of the Labor Standards Act stipulates that employers are prohibited from a discriminatory treatment of working conditions on grounds of nationality, religion, gender or social status. Whether discrimination in working conditions is based on nationality or not is judged by whether or not the discrimination against working conditions is based solely on nationality. And it is also necessary to comprehensively judge whether there is any discrimination that deviates from a reasonable standard considering the whole elements of the treatment of the workers such as wages and working hours. If there is a reasonable reason for the differential payment of such holiday allowances, it is not a violation of Article 6 of the Labor Standards Act because it is difficult to seen as a discrimination.

It is difficult to give a clear answer because the specific facts are unknown. However, the duties performed by Korean and foreign employees are the same or similar and there is no difference in the responsibilities, difficulty, working hours, qualifications and tenure between the Korean employees and foreign employees and if the foreign employee does not receive any other benefits or support than the Korean employee in other areas, it would be a breach of equal treatment to give the holiday allowance less than Korean employees because of their nationalities.