Korea’s annual leave law is generous on paper — 15 days after one year of service, growing to 25 days for long-tenured employees. The reality of how much leave people actually take is a different story, and it’s one of the things that surprises foreign workers who come from countries where legal entitlements are routinely used.
1. Your Legal Annual Leave Entitlement
Under Article 60 of the Labor Standards Act (근로기준법):
| Tenure | Annual Leave Days |
|---|---|
| During first year (before 1-year mark) | 1 day per completed month of service (up to 11 days) |
| After completing 1 year | 15 days |
| After 3 years (and each 2 additional years) | 15 + 1 day per 2-year increment |
| Maximum | 25 days |
First-year leave (월별 연차): During your first year of employment, you earn 1 day of paid leave for each full month worked. These can be used as they accrue — you don’t have to wait until the anniversary.
From the second year onward: 15 days at the start of each year (or at the anniversary, depending on how your company structures it).
2. The Utilization Gap
Korea’s average annual leave utilization rate is among the lowest in the OECD. Studies consistently show Korean workers use 8–10 of their 15 legally entitled days on average — leaving 30–40% of entitlement unused.
Why this happens:
- 눈치 (nunchi) culture: Taking leave when colleagues are busy is perceived as letting down the team, even when it’s legally your right
- Manager example: If senior employees don’t take leave, junior employees face implicit pressure not to either
- Busyness as virtue: Korea’s work culture has historically valorized being seen as busy and committed — visible leisure (including vacation) has been culturally coded negatively in some environments
- Fear of career consequences: While leaving leave unused doesn’t generate legal penalties, some employees believe taking full entitlement signals lack of dedication
This is changing — but slowly, and unevenly by industry and company.
3. The Annual Leave Encouragement System (연차촉진제도)
Since 2003, employers can use the 연차촉진제도 (annual leave encouragement system) to avoid paying out unused leave. Under this system:
- Employer must notify you in writing of your remaining leave balance and urge you to take it (first notice: 6 months before year-end)
- Employee must specify their intended leave dates within 10 days
- Employer makes a second written notification if leave is still not scheduled (2 months before year-end)
- If employee doesn’t take leave despite two notifications: employer’s obligation to pay unused leave compensation (연차수당) is eliminated
In plain terms: if your company properly follows the encouragement process and you don’t take your leave, they don’t have to pay you for it at year-end. This system was designed to encourage actual leave use — but in practice, it sometimes becomes a paper exercise.
If your employer doesn’t follow this process: you’re entitled to compensation for unused leave (연차수당) equal to your daily wage × unused leave days.
4. How to Actually Take Your Leave
Submitting leave requests in Korea:
- Most companies use HR systems (GroupWare, 전자결재) where leave requests go through formal approval
- Leave requests typically require manager approval — technically, managers can only deny leave if there are legitimate operational reasons, but in practice approval is expected as a courtesy rather than automatic
- Advance notice expectations: non-emergency leave is typically requested 1–2 weeks ahead; last-minute leave needs stronger justification
For foreign workers: you generally have more social freedom to take your full entitlement than Korean colleagues. The norms are slightly relaxed. Use this.
5. Public Holidays vs. Annual Leave
Korea has 16 public holidays (2026). Public holidays are separate from annual leave — they don’t reduce your 15-day entitlement. When a public holiday falls on a weekend, the following Monday becomes a substitute holiday (대체공휴일) for most holidays.
However: companies with fewer than 5 employees are not legally required to give public holidays. If you work for a very small company, check your contract specifically.
6. Sick Leave (병가)
Korea does not have a separate statutory sick leave entitlement in the way the UK, Germany, or many other countries do. Instead:
- Most employees use annual leave for sick days
- Some companies have a voluntary sick leave policy (사규 상 병가) separate from annual leave — check your company’s internal rules (취업규칙)
- For extended illness (4+ days): workplace accident or illness may be covered under workers’ compensation (산재보험) if work-related, or employment insurance (고용보험) benefits may apply for extended disability
In practice, many Korean companies allow employees to use annual leave for sick days, and some have informal sick day policies even without statutory obligation.
7. Parental Leave
Korea has generous statutory parental leave provisions that are increasingly actually used:
- Maternity leave (출산휴가): 90 days (120 days for multiple births), paid through employment insurance
- Paternity leave (배우자 출산휴가): 10 paid days (expanded from 3 days in 2019)
- Parental leave (육아휴직): Up to 1 year per parent (child must be under 8), with income replacement through employment insurance (통상임금의 80%, capped)
- Both parents can take parental leave simultaneously (법 개정으로 확대)
Take-up rates for paternity leave and parental leave by fathers have been low historically but are increasing, particularly at companies with progressive HR policies and government-sector employers.
Frequently Asked Questions
Q: Can my employer refuse my annual leave request?
A: An employer can postpone annual leave if there are genuine operational reasons (excessive workload, critical projects) but cannot permanently refuse it. They must offer an alternative time period. They cannot simply deny leave without rescheduling.
Q: I resigned with unused annual leave. Am I owed money?
A: Yes — unless your company followed the 연차촉진제도 process. If proper encouragement procedures weren’t followed, you’re entitled to 연차수당 (unused leave compensation) equal to your daily wage × unused days. Request it in writing as part of your final settlement.
Q: My first year is almost up and I haven’t used my monthly leave days. What happens?
A: Monthly leave days earned in your first year expire when your first-year leave (15 days) kicks in at your anniversary — unless you’ve used them. Try to use first-year monthly leave days before your anniversary, or confirm with HR how your company handles the transition.
Q: I’m on a fixed-term contract. Do I still accrue annual leave?
A: Yes — fixed-term employees accrue annual leave at the same rate as permanent employees. If your contract ends before you can use accrued leave, you’re entitled to compensation for unused leave at contract end.
Key Resources
- Annual leave rights: Ministry of Employment and Labor, moel.go.kr
- Complaint filing for leave denial: 1350 (MOEL hotline)
- Source: Labor Standards Act Article 60 (근로기준법 제60조)
Frequently Asked Questions
How many days of annual leave do I get in Korea by law?
Under the Korean Labor Standards Act, employees who work for 1 year receive 15 days of paid annual leave. For every 2 additional years of service, you receive 1 extra day, up to a maximum of 25 days per year. Part-time and new employees under 1 year earn 1 day per month worked.
Can my Korean employer force me to take annual leave?
Yes. If employees do not use their leave by year-end, employers can designate specific dates for leave to be taken. Since 2020, unused leave that was properly designated by the employer does not need to be compensated — so it is important to actually use your leave days.
Do I get paid for unused annual leave in Korea?
If your employer did not actively encourage or designate your leave and you did not use it, you are entitled to receive unused leave as pay upon resignation or at year-end. However, if the employer used the ‘leave encouragement system’ (휴가사용촉진제도), unused leave may not be compensated.
What is the difference between annual leave and public holidays in Korea?
Public holidays (공휴일) are separate from your annual leave entitlement. Korea has 16 public holidays per year, and since 2022, all businesses must give employees these days off (paid) in addition to their annual leave days.
Can foreign workers in Korea take leave to visit their home country?
Yes — annual leave can be used for any purpose including international travel. Some employers also offer additional ‘home leave’ for foreign employees, but this is not legally required. Always submit leave requests in advance according to your company’s policy.