Labor Inspection Preparation

Chapter 3 Working hours, Recess, Off-Days and Leave

6. An employer shall grant 15 days' paid leave to a worker who has registered more than 80 percent of attendance during one year. After the first year of service, an employer shall grant one day's paid leave for each two years of consecutive service. ※ Punishable with a fine imprisonment of up to two years, or by a fine not to exceed ten million WON

(1) Annual paid leave (Article 60, Article 62 of the LSA)
1) An employer shall grant 15 days' paid leave to a worker who has registered more than 80 percent of attendance of work during one year. f the worker has already used the annual leave during the first one-year of his service, the number of used leave days shall be deducted from the 15 days of leave.
2) After the first year of service, an employer shall grant one day's paid leave for each two years of consecutive service in addition to 15 days of annual paid leave to a worker who has worked consecutively for 3 years or more. In this case, the total number of leave days including the additional leave shall not exceed 25.

(2)        Examples of calculated leave days per service year
Years of Employment         1        2        3        4        5        10        15         20         More than 21
Number of Annual Days of Leave        15 15 16        16        17        19        22        24        25
1) A period falling under any of the following subparagraphs shall be considered a period of attendance: A period during which a worker is unable to work due to occupational injuries or diseases; and A period during which a pregnant woman does not work on maternity leave
2) The leave shall be forfeited if not used within one year. However, this shall not apply in case where the worker concerned has been prevented from using the leave due to any cause attributable to the employer.
3)        An employer shall grant paid leave upon request of a worker, and shall pay ordinary wages or average wages prescribed in employment rules or other regulations during the period of leave. However, the leave period concerned may be changed, in case granting the leave as requested by the worker might cause a serious impediment to the operation of the business.
4) An employer may have workers take paid leave on a particular working day in lieu of the annual paid leave, if the employer and the workers' representative agree in writing.


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Article 60 (Annual Paid Leave)(1) Every employer shall grant any worker who has worked not less than 80 percent of one year a paid leave of 15 days.

(2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he/she has continuously worked.

(3) Where an employer grants any worker a paid leave for the latter's first year of work, the former shall grant the latter a paid leave of 15 days, including the paid-leave referred to in paragraph (2), and, if the latter has already taken the paid-leave provided for in paragraph (2), shall deduct the number of days of such paid-leave from the said 15 days.

(4) Every employer shall grant any worker who has continuously worked for not less than three years the paid-leave days that are calculated by adding one day for every two continuously working years not including the first one year to the 15 paid-leave days referred to in paragraph (1). In this case, the total number of paid-leave days, including the additional paid-leave days, shall not exceed 25 days.

(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when a worker files a claim therefor, and pay the worker an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.: Provided, That in the event that granting the worker a paid leave at the time when such worker wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave.

(6) In applying paragraphs (1) through (3), any of the following periods shall be deemed the period of attendance at work:

1. Period during which a worker takes time off due to any injury or sickness arising out of duty;

2. Period during which a woman in pregnancy takes time off due to the leave under the provisions of Article 74 (1) through (3).

(7) The paid leave referred to in paragraphs (1) through (4) shall, if it is not taken for one year, be terminated by time limitation: Provided, That the same shall not apply where the paid leave is not taken for reasons attributable to the employer.

Article 62 (Substitution of Paid Leave)

An employer may, by a written agreement with the labor representative, get workers to take a paid leave on a particular working day, in substitution of an annual paid leave provided for in Article 60.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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