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Labor Standards Act — Article 61 (Urging Employees to Take Annual Paid Leave)

근로기준법 제61조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where any employee's paid leave is terminated by time limitation pursuant to the main clause of Article 60 (7) because the employee fails to take his or her paid leave although the relevant employer has taken the following measures to urge employees to take the paid leave under Article 60 (1), (2), and (4) (excluding the paid leave under Article 60 (2) of an employee who has continuously worked for less than one year), the relevant employer shall not be liable to indemnify the employee for his or her failure to take the paid leave, which shall be deemed not to fall under the reasons attributable to the employer under the proviso of Article 60 (7): <Amended on Feb. 1, 2012; Nov. 28, 2017; Mar. 31, 2020>

1. An employer shall inform each employee of the number of days of his or her paid leave not taken and shall urge in writing the employee to set a period during which he or she is planning to take the remaining paid leave and to notify it to the employer, within 10 days as of the date prior to six months before the period under the main clause of Article 60 (7) expires;

2. Notwithstanding the urge referred to in subparagraph 1, if the employee fails to set a period during which he or she is planning to take all or part of the remaining paid leave and to notify it to the employer, within 10 days from the date he or she is urged to take the paid leave, the employer shall set a period for such remaining paid leave and notify it to the employee in writing, not later than two months before the period under the main clause of Article 60 (7) expires.

(2) Where the paid leave of an employee who has continuously worked for less than one year is terminated by time limitation pursuant to the main clause of Article 60 (7) because the employee fails to take his or her paid leave although the relevant employer has taken the following measures to urge employees to take the paid leave under Article 60 (2), the relevant employer shall not be liable to indemnify the employee for his or her failure to take the paid leave, which shall be deemed not to fall under the reasons attributable to the employer under the proviso of Article 60 (7): <Newly Inserted on Mar. 31, 2020>

1. An employer shall inform each employee of the number of days of his or her paid leave not taken and shall urge in writing the employee to set a period during which he or she is planning to take the remaining paid leave and to notify it to the employer, within 10 days as of the date prior to three months before the first one year of employment period ends: Provided, That the employee shall be urged to notify the employer regarding the paid leave occurring after the employer’s written urge, within five days as of the date prior to one month before the first one year of employment period ends;

2. Notwithstanding the urge referred to in subparagraph 1, if the employee fails to set a period during which he or she is planning to take all or part of the remaining paid leave and to notify it to the employer, within 10 days from the date he or she is urged to take the paid leave, the employer shall set a period for such remaining paid leave and notify it to the employee in writing, not later than one month before the first one year of employment period ends: Provided, That the employer shall give written notice regarding the paid leave urged pursuant to the proviso of subparagraph 1, not later than 10 days before the first one year of employment period ends.

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