The reason we are able to enjoy a day off on Labor Day in Korea is thanks to the one-line law called the "Act on the Establishment of Labor Day." When it was first enacted in 1963, Labor Day was designated as March 10. However, through a revision in 1994, it was moved to May 1. In addition, it is stipulated as a paid holiday under the Labor Standards Act.
The law states: |
"May 1 shall be designated as Labor Day and shall be a paid holiday under the Labor Standards Act."
As far as I know, it is the shortest law in Korea.
Now, let’s take a look at the Labor Standards Act, which deals comprehensively with matters related to labor, holidays, wages, retirement, and service. Article 55 of the Labor Standards Act stipulates that holidays designated by the state must be paid holidays. May 1, Labor Day, is clearly a statutory holiday.
Next, let’s look at the definition of a "worker" under the Labor Standards Act:
“A worker” means a person who provides labor for a business or workplace in return for wages, regardless of the type of occupation.
Given that, you might assume that anyone receiving a salary, hourly wage, or annual salary could take a day off on Labor Day.
However, the answer is: “Not necessarily.”
In reality, we often see many people still working on Labor Day.
First, there are people who are salaried employees but not classified as "workers" under the law. Typically, this includes public officials and those in related categories such as teachers and professors. I myself will be giving lectures as usual on Thursday, May 1. Schools do not take a break on Labor Day. Thus, staff working in schools as well as cleaning and parking service workers hired by subcontractors also usually continue working. However, since they are working on a holiday, they are entitled to holiday pay: 1.5 times the normal wage for regular workers, and 2.5 times the hourly wage for day laborers.
Government offices, community centers, fire stations, and police stations remain open. If you need to get something done, such as issuing a passport or renewing a driver's license, Labor Day could be the perfect time.
Even among workers, there are those who cannot take the day off. Although Labor Day is a legally designated holiday, it is not a national holiday like Liberation Day (August 15) or Independence Movement Day (March 1) where the date is marked in red on calendars, meaning businesses are not mandated to close. Depending on the nature and size of the business, many workers may find themselves unable to take the day off.
According to annual surveys, about 50–60% of workers at small businesses with fewer than five employees, and about 20% of workers at large corporations, still go to work on Labor Day. In the case of large corporations, this often relates to service sectors or businesses performing government-related services, where suspending operations would not be feasible.
Small clinics and shops are another case. Whether or not they open is entirely up to the owner. In businesses hiring part-time workers, paying extra holiday wages can be burdensome, so some may choose to close instead. However, restaurants and stores near government offices are likely to stay open since public servants are still working.
Delivery workers are another group who generally do not get the day off. Being classified as "special types of workers," delivery and courier workers typically continue working on Labor Day. This might be unfortunate for them, but many people likely feel relieved that deliveries continue as usual.
There are also workers who fall into a gray area—those employed by public institutions who are neither civil servants nor private-sector employees. Although public institutions mostly handle government-related work, they generally recognize Labor Day as a holiday and announce closures on their websites. From the public’s perspective, public institution employees might seem like civil servants, but most public institutions treat Labor Day as an official day off.
There’s another category that can be confusing: banks and stock exchanges. Banks and securities firms also close on Labor Day, which means financial services and stock trading are suspended. Labor Day is a stock market holiday worldwide.
If you are receiving services from a public institution, it’s advisable to check in advance, as there’s a high chance that the institution will be closed on Labor Day.
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