Legislative Research Office: "Let's Properly Rest on Public Holidays... Substitute Holiday System Should Be Expanded"

Source: National Assembly Legislative Research Office

[Asia Economy Reporter Park Cheol-eung] The National Assembly Legislative Research Office has presented an analysis stating the need to expand the substitute holiday system. It also pointed out that Sunday should be separated from public holidays to prevent the increased burden of holiday work allowances for workplaces that take days off on weekdays.

In a report titled "Public Holiday Systems in Major Foreign Countries and Discussions on Domestic Public Holiday Legislation" released on the 1st, the Legislative Research Office stated, "South Korea operates its national holiday system based on the presidential decree 'Regulations on Public Holidays of Government Offices,'" adding, "Future discussions on public holiday legislation need to focus on organizing the legal framework, strengthening the guarantee of rest rights through this, and reinforcing the purpose of designating public holidays."

Under current regulations, public holidays include Samiljeol (March 1st Movement Day), Gwangbokjeol (Liberation Day), Gaecheonjeol (National Foundation Day), Hangeul Day, Children's Day, Memorial Day, Christmas, Buddha's Birthday, Lunar New Year, and Chuseok holidays, totaling 15 days annually.

However, since the substitute holiday system only applies to the Lunar New Year, Chuseok holidays, and Children's Day, the average annual number of days off between 2014 and 2020 was only 12 days. The Legislative Research Office noted, "Although limited to the Lunar New Year, Chuseok, and Children's Day, the regulation only states 'when overlapping with other public holidays,' excluding cases overlapping with Saturdays. Considering the high likelihood of holidays coinciding with Saturdays during these festivals, compared to major countries actively preventing annual public holiday fluctuations through weekday designation systems and comprehensive substitute holiday systems, the quantitative stability is relatively weak."

It continued, "Applying the substitute holiday system restrictively tacitly accepts or passively responds to the effective reduction of public holidays. Therefore, it is necessary to consider expanding the substitute holiday system in the future public holiday legislation process."

Among the public holiday bills submitted up to the 20th National Assembly, there have been 10 proposals to expand the substitute holiday system to all public holidays, but no bill has been proposed to apply it comprehensively including Saturdays.

Current regulations also include Sunday as a public holiday. Regarding this, the Legislative Research Office explained, "Public holidays are generally established through legal norms to specially protect culturally or religiously significant days or commemorative events with regularity. Designating Sunday as a public holiday along with other commemorative days is not problematic if the purpose is only to set holidays for government offices, but it does not align with the intent of establishing national public holidays."

Additionally, this is linked to corporate cost burdens in light of the Labor Standards Act revised in 2018. From this year, private sector workers are guaranteed paid leave on government office public holidays in stages according to company size.

The Legislative Research Office stated, "If Sunday becomes a statutory holiday, it conflicts with Article 55 of the Labor Standards Act, which guarantees at least one day off per week without specifying the day. It also causes additional cost burdens due to increased holiday work allowances for workplaces that designate weekdays as weekly holidays because Sunday work cannot be avoided."

To resolve this, it suggested either establishing a holiday law for the general public excluding Sundays to coexist with government office public holiday regulations or, like Japan, enacting separate laws for national holidays and government office holidays.