A Study on Improving the Annual Leave System to Ensure Fair and Practical Rest

The annual leave system is designed to provide employees with mental and physical rest by exempting them from work obligations for a certain period. However, in Korea it is difficult to say that the current annual leave system is functioning as intended. The number of annual leave days is lower than in major foreign countries. The annual leave system is distorted as a means of more income. Employers are not fully aware of the need to guarantee employees' fundamental right to rest by annual leave.<br/> This study proposes the following measures to improve the annual leave system so that it operates in accordance with its intended purpose and allows employees to have fair and effective rest.<br/> First, the number of annual leave days, currently awarded from 15 to 25 days based on length of service, should be unified. This is because the need for rest is the same for employees working the same length of time in a year. Taking into account the level of advanced countries, a unified number of annual leave days is considered appropriate at 20 days per year.<br/> Second, granting annual leave based on the calendar year is considered more appropriate. This practice is already well-established in companies. It also helps employers and employees clearly understand and comply with the annual leave system.<br/> Third, in cases where there is a period of inactivity, such as when employees join or leave mid-year, the number of vacation days should be granted proportionally to the length of employment. However, the previous year's employing situation should not affect the number of vacation days for the following year.<br/> Fourth, the annual leave should apply to workplaces with fewer than five employees. The annual leave should be guaranteed as a universal right for employees. However, considering the burden on small business owners, mandatory leave days can be implemented starting with a limited number of days and gradually increased.<br/> Fifth, the compensation allowance for unused annual leave should be prohibited. However, the number of mandatory annual leave days can be gradually increased.<br/> Sixth, the actual use of annual leave should be encouraged. To achieve this, collective leave use should be encouraged. At least one uninterrupted working week should be allowed for vacation. And the vacation savings system should be institutionalized. Hoping that the annual leave system will be improved very soon so that employees’ <br/>universal right to rest can be fairly and practically guaranteed.

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Publication Details

Journal
Labor Law Forum
Published
2025-11-24
DOI
https://doi.org/10.46329/llf.2025.11.46.101
Primary Topic
Innovation in Digital Healthcare Systems
Type
article
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article

A Study on Improving the Annual Leave System to Ensure Fair and Practical Rest

Che Khun Park
Labor Law Forum
Innovation in Digital Healthcare Systems
article

A Study on Improving the Annual Leave System to Ensure Fair and Practical Rest

Che Khun Park
article en

Abstract

The annual leave system is designed to provide employees with mental and physical rest by exempting them from work obligations for a certain period. However, in Korea it is difficult to say that the current annual leave system is functioning as intended. The number of annual leave days is lower than in major foreign countries. The annual leave system is distorted as a means of more income. Employers are not fully aware of the need to guarantee employees' fundamental right to rest by annual leave.<br/> This study proposes the following measures to improve the annual leave system so that it operates in accordance with its intended purpose and allows employees to have fair and effective rest.<br/> First, the number of annual leave days, currently awarded from 15 to 25 days based on length of service, should be unified. This is because the need for rest is the same for employees working the same length of time in a year. Taking into account the level of advanced countries, a unified number of annual leave days is considered appropriate at 20 days per year.<br/> Second, granting annual leave based on the calendar year is considered more appropriate. This practice is already well-established in companies. It also helps employers and employees clearly understand and comply with the annual leave system.<br/> Third, in cases where there is a period of inactivity, such as when employees join or leave mid-year, the number of vacation days should be granted proportionally to the length of employment. However, the previous year's employing situation should not affect the number of vacation days for the following year.<br/> Fourth, the annual leave should apply to workplaces with fewer than five employees. The annual leave should be guaranteed as a universal right for employees. However, considering the burden on small business owners, mandatory leave days can be implemented starting with a limited number of days and gradually increased.<br/> Fifth, the compensation allowance for unused annual leave should be prohibited. However, the number of mandatory annual leave days can be gradually increased.<br/> Sixth, the actual use of annual leave should be encouraged. To achieve this, collective leave use should be encouraged. At least one uninterrupted working week should be allowed for vacation. And the vacation savings system should be institutionalized. Hoping that the annual leave system will be improved very soon so that employees’ <br/>universal right to rest can be fairly and practically guaranteed.

Labor Law ForumVol. 46
Openalex Percentile: Top 58%
Innovation in Digital Healthcare Systems
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