Do You Have to Give a Reason for Annual Leave in Korea? Your Rights Under the Labor Standards Act

Do You Have to Give a Reason When Taking Annual Leave?

This is a question every worker in Korea has wondered about at least once. When you submit an annual leave (연차유급휴가) request, your team leader or HR manager often asks, "What's the reason?" It can feel awkward to stay silent, and in some cases the request is even rejected. So, are you legally required to disclose the reason for your annual leave?

What the Labor Standards Act Says About Annual Leave

Article 60 of the Labor Standards Act (근로기준법 제60조) requires employers to grant workers paid leave. The key point is this: annual paid leave is a right that the employer must grant once the worker requests it.

Article 60, Paragraph 5 (제60조 제5항) of the same Act explicitly states that leave must be granted at the time requested by the worker. The only circumstance in which an employer may refuse is when doing so would cause serious disruption to business operations. Even then, the employer may only reschedule the leave to a different date — the employer cannot cancel the leave outright or deny it on the basis of the stated reason.

In short, a reason is not a legal requirement for taking annual leave. Whether it's a medical appointment, simple rest, or travel, a worker may use annual leave regardless of the purpose.

What Should You Do If Your Company Demands a Reason?

Some companies include a clause in their work rules (취업규칙) or internal policies requiring employees to state a reason when applying for annual leave. Such a policy is not in itself unlawful. However, refusing annual leave or imposing any disadvantage on the basis of the stated reason constitutes a violation of the Labor Standards Act.

The Ministry of Employment and Labor's administrative interpretation (고용노동부 행정해석, Labor Standards Policy Division) takes the same position. Employers have no authority to evaluate the validity of a reason for annual leave or to restrict leave on that basis. If your company rejects your leave request on the grounds that the reason is "insufficient," this constitutes a violation of Article 60 of the Labor Standards Act (제60조), and you may file a complaint with the Labor Relations Commission (노동청).

Exception: The Employer's Right to Reschedule

While an employer cannot outright refuse annual leave, the employer may exercise the right to reschedule (시기변경권). For example, during year-end settlement periods or at critical project deadlines — situations that would cause genuine disruption to business operations — the employer may ask the worker to take the leave on a different date.

Even in such cases, simply being "busy" is not sufficient grounds to exercise this right. There must be a specific and objective business necessity. The Supreme Court has also ruled that the exercise of the right to reschedule must be interpreted strictly (see Supreme Court Decision 2003다48549 (대법원 2003다48549)).

Practical Tips for Writing a Leave Reason

Although there is no legal obligation to disclose a reason, it may be practical in some workplaces to write a brief note for the sake of workplace relationships. In that case, something as simple as "personal matter," "hospital visit," or "family event" is more than sufficient. You are under absolutely no obligation to disclose details of your private life.

Note for foreign workers: Your employment contract may include additional procedures for requesting leave, but these cannot override the statutory minimum rights guaranteed by the Labor Standards Act.

Do You Know Exactly How Many Days of Annual Leave You Have?

More important than the reason for your leave is knowing precisely how many days of annual leave you are entitled to use. The number of days can differ depending on whether it is calculated from your hire date or based on the company's fiscal year.

Using the annual leave calculator at Bylaw (workbylaw.com), you can instantly check your leave entitlement simply by entering your hire date and work pattern. Use it to verify whether your company is granting annual leave correctly.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.