With BTS's Gwanghwamun concert set for the 21st, some business sites have decided to close and are drawing fire for allegedly violating labor law by forcing employees to use paid leave.
According to the civic group Workplace Gapjil 119 on the 18th, consultations have recently poured in, including, "We were instructed to take a half-day of leave for all staff on Friday because the company will close for the concert," and, "We were notified not to come to work on the day of the concert."
The criticism is that business sites that decided on a temporary closure due to traffic control and safety concerns around the venue are shifting the resulting expense burden onto workers by deducting their paid leave.
Workplace Gapjil 119 explained that under the current Labor Standards Act, the principle is to grant annual paid leave at the time requested by the worker. Employers must grant leave when workers want it, and may change the timing only in exceptional cases where there is a significant disruption to business operations.
Workplace Gapjil 119 said that the act of a company arbitrarily designating a specific date and uniformly demanding the use of paid leave lacks legal grounds and is highly likely to be unlawful.
Even if an employee has already complied with the company's request and submitted a leave application, it can be canceled or rescheduled through individual consultation. However, as a rule, withdrawing the application based solely on the will of either the company or the worker is not recognized.
If paid leave is forced or unilaterally reduced regardless of the worker's voluntary intent, a complaint can be filed with the competent labor office. In fact, in past cases, there have been rulings imposing fines on employers who implemented a closure but processed it as if paid leave had been used.
Whether to pay a shutdown allowance when work becomes impossible due to the closure of the business site on the day of the concert is also a key issue. Under the Labor Standards Act, business sites with five or more employees must pay at least 70% of the average wage as a shutdown allowance when the closure is attributable to the employer. Halting operations due to congestion or safety responses related to the concert can also be regarded as a closure based on managerial judgment, potentially making it subject to allowance payment.
However, workers at business sites with fewer than five employees, freelancers, and specially employed and platform workers are not covered by the relevant law, making it difficult to claim a shutdown allowance. Concerns are being raised that the social expense arising from a large-scale national event is instead concentrating on vulnerable workers.
Kim Ja-yeon, a Certified Public Labor Attorney at Workplace Gapjil 119, criticized, "The world is in a festive mood over BTS's comeback, but if this openly leads to legal violations such as forcing workers to take paid leave or to close, it will tarnish the meaning of the celebration."
Kim added, "Workers at business sites with fewer than five employees, as well as freelancers and specially employed and platform workers, who are in the blind spot of labor law, have difficulty even claiming a shutdown allowance, so strong guarantees are needed for workers' right to rest."