{"content_id":"4qn0uzwj1x","slug":"gaecheonjeol-substitute-holiday-2026-october-5","locale":"en","schema_type":"Article","category":"knowledge_base","category_name":"Knowledge Base","title":"2026 National Foundation Day Substitute Holiday Rules","summary":"In 2026, National Foundation Day falls on Saturday, October 3, and the substitute holiday is Monday, October 5. It is generally a paid holiday at workplaces with at least five employees, and compensation for working that day varies depending on whether the holiday is validly substituted and the hours worked.","sponsorship_disclosure":null,"affiliate_disclosure":null,"commerce_disclosure":null,"author":{"name":"OnBinder Editorial Team","url":"https://onbinder.com/ko/about"},"key_points":["The 2026 National Foundation Day substitute holiday is Monday, October 5.","Workplaces with at least five regular employees must generally guarantee October 5 as a paid holiday.","If an employee works without a valid holiday substitution, at least 50% of ordinary wages must be added for up to eight hours of holiday work.","The paid public holiday rule does not mandatorily apply to workplaces with fewer than five employees.","Unlike National Foundation Day, Armed Forces Day is not a statutory public holiday that recurs every year."],"content_markdown":"In 2026, National Foundation Day falls on Saturday, October 3, and the substitute public holiday is Monday, October 5. In principle, it is a paid holiday at workplaces with at least five employees. If employees work that day, their pay will vary depending on whether the holiday was substituted and the actual hours worked.\n\nThe dates and applicability criteria in this article are based on laws and regulations in effect as of September 15, 2026.\n\n## Date of the 2026 National Foundation Day Substitute Public Holiday\n\nThe substitute public holiday for National Foundation Day in 2026 is October 5. National Foundation Day, October 3, falls on a Saturday. The following day, October 4, is also a Sunday.\n\nTherefore, Monday, the first non-public holiday, becomes the substitute public holiday. No separate resolution designating a temporary public holiday is required. The date is determined under the current regulations.\n\n\u003e Regulations on Public Holidays for Government Offices: “The first non-public holiday following that public holiday (meaning a day that is not a public holiday under any subparagraph of Article 2; the same shall apply hereinafter) shall be designated as the substitute public holiday.”\n\n| Category | Date | Legal status |\n|---|---:|---|\n| National Foundation Day | Saturday, October 3, 2026 | National holiday and public holiday |\n| Sunday | Sunday, October 4, 2026 | Public holiday |\n| Substitute public holiday | Monday, October 5, 2026 | Substitute public holiday for National Foundation Day |\n\n## Differences in Application to Government Offices, Schools, and Private Companies\n\nThe practical application of substitute public holidays differs by institution. The public holiday regulations apply directly to government offices. Private workplaces must determine whether they fall within the scope of the Labor Standards Act.\n\nWhether schools close is also reflected in their academic calendars. However, students’ school days are determined by school rules and academic calendars. After-school programs and care services may vary by school.\n\n| Category | October 3 | October 5 | What to check |\n|---|---|---|---|\n| Government offices | Public holiday | Substitute public holiday | Whether essential services operate separately |\n| Schools | Usually no classes | Usually no classes | Academic calendar and care services |\n| Workplaces with at least five employees | Paid holiday in principle | Paid holiday in principle | Holiday substitution and shift schedules |\n| Workplaces with less than five employees | No statutory obligation to provide paid leave | No statutory obligation to provide paid leave | Employment contract and rules of employment |\n\nEven if Saturday is normally a day off, October 5 is a separate substitute public holiday. However, no additional wages arise solely because October 3 overlaps with an existing day off. Whether the employee actually worked and the applicable wage agreement must be checked separately.\n\n## Conditions for Workplaces with At Least Five and Less Than Five Employees\n\nWorkplaces that ordinarily employ at least five employees must provide paid public holidays. The legal basis is Article 55(2) of the Labor Standards Act. Substitute public holidays are included within the same scope.\n\nThis provision does not mandatorily apply to workplaces with less than five employees. In principle, the premium-pay rules for holiday work also do not apply. However, more favorable employment contracts remain valid.\n\n| Working condition | Treatment of October 5 |\n|---|---|\n| At least five employees, no work performed | Paid holiday in principle |\n| At least five employees, work performed without holiday substitution | Review paid-holiday treatment and holiday-work premium |\n| At least five employees, work performed after lawful holiday substitution | October 5 may be changed to a regular working day |\n| Less than five employees | Handled according to the employment contract and rules of employment |\n| Scheduled day off for a shift worker | No premium pay arises if no work is actually performed |\n\n### How Are Exactly Five Regular Employees Counted?\n\nThe number of regular employees differs from the number of employees reporting to work on a specific date. In principle, it is calculated based on the one-month period preceding the event triggering application of the law. The total number of employees used is divided by the number of operating days.\n\nPart-time and fixed-term employees may also be included if they qualify as employees. Business owners and cohabiting relatives who are not employees may be treated differently. Workplaces near the threshold should review their employee rosters and work records.\n\n## Pay Standards for Working on October 5\n\nAt a workplace with at least five employees, working that day may constitute holiday work. For up to 8 hours, at least 50% of the ordinary wage must be added. For hours exceeding 8, at least 100% must be added.\n\nFor salaried employees, paid-holiday wages are often included in the monthly salary. In that case, additional pay is calculated for the actual work performed and the premium portion. For hourly employees, whether paid-holiday wages must be paid separately should also be checked.\n\n### Order for Checking Working Conditions\n\n1. Check the workplace’s number of regular employees.\n2. Check whether October 5 is a scheduled working day.\n3. Check whether there was a written agreement with the employee representative to substitute the holiday.\n4. Calculate the actual hours of holiday work.\n5. Calculate the pay according to the wage structure, such as monthly salary or hourly wages.\n\nFor shift workers, the confirmed work schedule matters more than the calendar. If an employee actually rested on a scheduled day off, no holiday-work premium applies. Paid-holiday wages must also be assessed based on the employment contract and wage structure.\n\n## Example of Calculating Holiday-Work Pay\n\nIf the ordinary hourly wage is designated as H, the calculation can be shown without setting an arbitrary amount. Assume that the employee worked 8 hours on October 5. This example assumes there was no valid holiday substitution.\n\n- Compensation for actual holiday work: H × 8 hours × 1.5\n- Paid-holiday wages for an hourly employee: H × 8 hours if the payment requirements are met\n- Example total for an hourly employee: H × 8 hours × 2.5\n\nFor salaried employees, the paid-holiday portion already paid is not added again. The additional payment is generally calculated as H × 8 hours × 1.5. The actual calculation requires reviewing the components of the monthly salary and fixed allowances.\n\nIf more than 8 hours are worked, the calculation is divided into separate parts. The 1.5 multiplier applies to the first 8 hours. The 2 multiplier applies to the hours exceeding 8.\n\n## Comparison of Holiday Substitution and Compensatory Leave\n\nHoliday substitution and compensatory leave differ in when they apply and their effects. A written agreement with the employee representative is essential for both systems. A simple verbal notice is generally insufficient.\n\n| Item | Holiday substitution | Compensatory leave |\n|---|---|---|\n| Timing of application | Exchange a working day and a holiday before holiday work | Compensate for holiday-work pay with leave after holiday work |\n| Legal basis | Article 55 of the Labor Standards Act | Article 57 of the Labor Standards Act |\n| Mandatory requirement | Written agreement with the employee representative | Written agreement with the employee representative |\n| Status of October 5 | A regular working day after lawful substitution | Retains its status as a holiday |\n| Method of compensation | Time off on another designated working day | Paid leave reflecting premium wages |\n\nIf the holiday substitution is valid, October 5 becomes a working day. Instead, another day designated in advance becomes a paid holiday. If the employee works again on the substituted holiday, a separate assessment is required.\n\n## Comparison of National Foundation Day and Armed Forces Day\n\nNational holidays and public holidays are not the same concept. Commemorative days do not automatically become days off. The legal basis for each date must be checked separately.\n\n| Date | National holiday | Annual public holiday | Eligibility for a substitute public holiday |\n|---|---|---|---|\n| National Foundation Day, October 3 | Yes | Yes | Applies when it overlaps with a Saturday or Sunday |\n| Constitution Day, July 17 | Yes | Currently not a public holiday | Does not apply |\n| Armed Forces Day, October 1 | No | Currently not a regular public holiday | May be a holiday only when designated as a temporary public holiday |\n\nArmed Forces Day is a statutory commemorative day. It is not an annually recurring public holiday. If it is designated as a temporary public holiday in a particular year, it is a day off only in that year.\n\nNational Foundation Day is both a national holiday and a regular public holiday. If it overlaps with a Saturday or Sunday, the substitute public holiday rules apply. Treating the two dates under the same standards leads to errors.\n\n## Common Mistakes\n\nSome people regard October 4, 2026, as the substitute public holiday. Because that day is a Sunday, it is not the first non-public holiday. The actual substitute public holiday is October 5.\n\n- Assuming that no substitute holiday is provided when a public holiday falls on a Saturday.\n- Assuming that all private companies take the day off in the same way.\n- Assuming that holiday substitution is complete based solely on a verbal agreement.\n- Treating a scheduled day off and a paid holiday as the same concept.\n- Treating holiday substitution and compensatory leave as the same system.\n\nAn employer must also not unilaterally treat a substitute public holiday as annual leave. Statutory paid holidays at workplaces with at least five employees are distinct from annual leave. Substituting annual leave also requires a written agreement with the employee representative.\n\n## Documents to Check\n\nWorkplace documents are required to determine an individual employee’s wages. It is difficult to establish the correct pay based solely on calendar information. The following materials should be reviewed together.\n\n- Employment contract and rules of employment\n- Confirmed work schedule for October 2026\n- Written holiday-substitution agreement with the employee representative\n- Pay statement and components of ordinary wages\n- Materials used to calculate the workplace’s number of regular employees\n\nIf a dispute arises, it is advisable to keep records of working hours by date. Clock-in and clock-out records and work instructions may also serve as evidence. The law is applied based on the actual employment relationship.","content_html":"\u003cp\u003eIn 2026, National Foundation Day falls on Saturday, October 3, and the substitute public holiday is Monday, October 5. In principle, it is a paid holiday at workplaces with at least five employees. If employees work that day, their pay will vary depending on whether the holiday was substituted and the actual hours worked.\u003c/p\u003e\n\u003cp\u003eThe dates and applicability criteria in this article are based on laws and regulations in effect as of September 15, 2026.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#date-of-the-2026-national-foundation-day-substitute-public-holiday\" class=\"anchor\" id=\"date-of-the-2026-national-foundation-day-substitute-public-holiday\"\u003e\u003c/a\u003eDate of the 2026 National Foundation Day Substitute Public Holiday\u003c/h2\u003e\n\u003cp\u003eThe substitute public holiday for National Foundation Day in 2026 is October 5. National Foundation Day, October 3, falls on a Saturday. The following day, October 4, is also a Sunday.\u003c/p\u003e\n\u003cp\u003eTherefore, Monday, the first non-public holiday, becomes the substitute public holiday. No separate resolution designating a temporary public holiday is required. The date is determined under the current regulations.\u003c/p\u003e\n\u003cblockquote\u003e\n\u003cp\u003eRegulations on Public Holidays for Government Offices: “The first non-public holiday following that public holiday (meaning a day that is not a public holiday under any subparagraph of Article 2; the same shall apply hereinafter) shall be designated as the substitute public holiday.”\u003c/p\u003e\n\u003c/blockquote\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eCategory\u003c/th\u003e\n\u003cth\u003eDate\u003c/th\u003e\n\u003cth\u003eLegal status\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eNational Foundation Day\u003c/td\u003e\n\u003ctd data-label=\"Date\"\u003eSaturday, October 3, 2026\u003c/td\u003e\n\u003ctd data-label=\"Legal status\"\u003eNational holiday and public holiday\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eSunday\u003c/td\u003e\n\u003ctd data-label=\"Date\"\u003eSunday, October 4, 2026\u003c/td\u003e\n\u003ctd data-label=\"Legal status\"\u003ePublic holiday\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eSubstitute public holiday\u003c/td\u003e\n\u003ctd data-label=\"Date\"\u003eMonday, October 5, 2026\u003c/td\u003e\n\u003ctd data-label=\"Legal status\"\u003eSubstitute public holiday for National Foundation Day\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003ch2\u003e\n\u003ca href=\"#differences-in-application-to-government-offices-schools-and-private-companies\" class=\"anchor\" id=\"differences-in-application-to-government-offices-schools-and-private-companies\"\u003e\u003c/a\u003eDifferences in Application to Government Offices, Schools, and Private Companies\u003c/h2\u003e\n\u003cp\u003eThe practical application of substitute public holidays differs by institution. The public holiday regulations apply directly to government offices. Private workplaces must determine whether they fall within the scope of the Labor Standards Act.\u003c/p\u003e\n\u003cp\u003eWhether schools close is also reflected in their academic calendars. However, students’ school days are determined by school rules and academic calendars. After-school programs and care services may vary by school.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eCategory\u003c/th\u003e\n\u003cth\u003eOctober 3\u003c/th\u003e\n\u003cth\u003eOctober 5\u003c/th\u003e\n\u003cth\u003eWhat to check\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eGovernment offices\u003c/td\u003e\n\u003ctd data-label=\"October 3\"\u003ePublic holiday\u003c/td\u003e\n\u003ctd data-label=\"October 5\"\u003eSubstitute public holiday\u003c/td\u003e\n\u003ctd data-label=\"What to check\"\u003eWhether essential services operate separately\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eSchools\u003c/td\u003e\n\u003ctd data-label=\"October 3\"\u003eUsually no classes\u003c/td\u003e\n\u003ctd data-label=\"October 5\"\u003eUsually no classes\u003c/td\u003e\n\u003ctd data-label=\"What to check\"\u003eAcademic calendar and care services\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eWorkplaces with at least five employees\u003c/td\u003e\n\u003ctd data-label=\"October 3\"\u003ePaid holiday in principle\u003c/td\u003e\n\u003ctd data-label=\"October 5\"\u003ePaid holiday in principle\u003c/td\u003e\n\u003ctd data-label=\"What to check\"\u003eHoliday substitution and shift schedules\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eWorkplaces with less than five employees\u003c/td\u003e\n\u003ctd data-label=\"October 3\"\u003eNo statutory obligation to provide paid leave\u003c/td\u003e\n\u003ctd data-label=\"October 5\"\u003eNo statutory obligation to provide paid leave\u003c/td\u003e\n\u003ctd data-label=\"What to check\"\u003eEmployment contract and rules of employment\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eEven if Saturday is normally a day off, October 5 is a separate substitute public holiday. However, no additional wages arise solely because October 3 overlaps with an existing day off. Whether the employee actually worked and the applicable wage agreement must be checked separately.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#conditions-for-workplaces-with-at-least-five-and-less-than-five-employees\" class=\"anchor\" id=\"conditions-for-workplaces-with-at-least-five-and-less-than-five-employees\"\u003e\u003c/a\u003eConditions for Workplaces with At Least Five and Less Than Five Employees\u003c/h2\u003e\n\u003cp\u003eWorkplaces that ordinarily employ at least five employees must provide paid public holidays. The legal basis is Article 55(2) of the Labor Standards Act. Substitute public holidays are included within the same scope.\u003c/p\u003e\n\u003cp\u003eThis provision does not mandatorily apply to workplaces with less than five employees. In principle, the premium-pay rules for holiday work also do not apply. However, more favorable employment contracts remain valid.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eWorking condition\u003c/th\u003e\n\u003cth\u003eTreatment of October 5\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Working condition\"\u003eAt least five employees, no work performed\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5\"\u003ePaid holiday in principle\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Working condition\"\u003eAt least five employees, work performed without holiday substitution\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5\"\u003eReview paid-holiday treatment and holiday-work premium\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Working condition\"\u003eAt least five employees, work performed after lawful holiday substitution\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5\"\u003eOctober 5 may be changed to a regular working day\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Working condition\"\u003eLess than five employees\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5\"\u003eHandled according to the employment contract and rules of employment\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Working condition\"\u003eScheduled day off for a shift worker\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5\"\u003eNo premium pay arises if no work is actually performed\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003ch3\u003e\n\u003ca href=\"#how-are-exactly-five-regular-employees-counted\" class=\"anchor\" id=\"how-are-exactly-five-regular-employees-counted\"\u003e\u003c/a\u003eHow Are Exactly Five Regular Employees Counted?\u003c/h3\u003e\n\u003cp\u003eThe number of regular employees differs from the number of employees reporting to work on a specific date. In principle, it is calculated based on the one-month period preceding the event triggering application of the law. The total number of employees used is divided by the number of operating days.\u003c/p\u003e\n\u003cp\u003ePart-time and fixed-term employees may also be included if they qualify as employees. Business owners and cohabiting relatives who are not employees may be treated differently. Workplaces near the threshold should review their employee rosters and work records.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#pay-standards-for-working-on-october-5\" class=\"anchor\" id=\"pay-standards-for-working-on-october-5\"\u003e\u003c/a\u003ePay Standards for Working on October 5\u003c/h2\u003e\n\u003cp\u003eAt a workplace with at least five employees, working that day may constitute holiday work. For up to 8 hours, at least 50% of the ordinary wage must be added. For hours exceeding 8, at least 100% must be added.\u003c/p\u003e\n\u003cp\u003eFor salaried employees, paid-holiday wages are often included in the monthly salary. In that case, additional pay is calculated for the actual work performed and the premium portion. For hourly employees, whether paid-holiday wages must be paid separately should also be checked.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#order-for-checking-working-conditions\" class=\"anchor\" id=\"order-for-checking-working-conditions\"\u003e\u003c/a\u003eOrder for Checking Working Conditions\u003c/h3\u003e\n\u003col\u003e\n\u003cli\u003eCheck the workplace’s number of regular employees.\u003c/li\u003e\n\u003cli\u003eCheck whether October 5 is a scheduled working day.\u003c/li\u003e\n\u003cli\u003eCheck whether there was a written agreement with the employee representative to substitute the holiday.\u003c/li\u003e\n\u003cli\u003eCalculate the actual hours of holiday work.\u003c/li\u003e\n\u003cli\u003eCalculate the pay according to the wage structure, such as monthly salary or hourly wages.\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eFor shift workers, the confirmed work schedule matters more than the calendar. If an employee actually rested on a scheduled day off, no holiday-work premium applies. Paid-holiday wages must also be assessed based on the employment contract and wage structure.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#example-of-calculating-holiday-work-pay\" class=\"anchor\" id=\"example-of-calculating-holiday-work-pay\"\u003e\u003c/a\u003eExample of Calculating Holiday-Work Pay\u003c/h2\u003e\n\u003cp\u003eIf the ordinary hourly wage is designated as H, the calculation can be shown without setting an arbitrary amount. Assume that the employee worked 8 hours on October 5. This example assumes there was no valid holiday substitution.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eCompensation for actual holiday work: H × 8 hours × 1.5\u003c/li\u003e\n\u003cli\u003ePaid-holiday wages for an hourly employee: H × 8 hours if the payment requirements are met\u003c/li\u003e\n\u003cli\u003eExample total for an hourly employee: H × 8 hours × 2.5\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eFor salaried employees, the paid-holiday portion already paid is not added again. The additional payment is generally calculated as H × 8 hours × 1.5. The actual calculation requires reviewing the components of the monthly salary and fixed allowances.\u003c/p\u003e\n\u003cp\u003eIf more than 8 hours are worked, the calculation is divided into separate parts. The 1.5 multiplier applies to the first 8 hours. The 2 multiplier applies to the hours exceeding 8.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#comparison-of-holiday-substitution-and-compensatory-leave\" class=\"anchor\" id=\"comparison-of-holiday-substitution-and-compensatory-leave\"\u003e\u003c/a\u003eComparison of Holiday Substitution and Compensatory Leave\u003c/h2\u003e\n\u003cp\u003eHoliday substitution and compensatory leave differ in when they apply and their effects. A written agreement with the employee representative is essential for both systems. A simple verbal notice is generally insufficient.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eItem\u003c/th\u003e\n\u003cth\u003eHoliday substitution\u003c/th\u003e\n\u003cth\u003eCompensatory leave\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Item\"\u003eTiming of application\u003c/td\u003e\n\u003ctd data-label=\"Holiday substitution\"\u003eExchange a working day and a holiday before holiday work\u003c/td\u003e\n\u003ctd data-label=\"Compensatory leave\"\u003eCompensate for holiday-work pay with leave after holiday work\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Item\"\u003eLegal basis\u003c/td\u003e\n\u003ctd data-label=\"Holiday substitution\"\u003eArticle 55 of the Labor Standards Act\u003c/td\u003e\n\u003ctd data-label=\"Compensatory leave\"\u003eArticle 57 of the Labor Standards Act\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Item\"\u003eMandatory requirement\u003c/td\u003e\n\u003ctd data-label=\"Holiday substitution\"\u003eWritten agreement with the employee representative\u003c/td\u003e\n\u003ctd data-label=\"Compensatory leave\"\u003eWritten agreement with the employee representative\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Item\"\u003eStatus of October 5\u003c/td\u003e\n\u003ctd data-label=\"Holiday substitution\"\u003eA regular working day after lawful substitution\u003c/td\u003e\n\u003ctd data-label=\"Compensatory leave\"\u003eRetains its status as a holiday\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Item\"\u003eMethod of compensation\u003c/td\u003e\n\u003ctd data-label=\"Holiday substitution\"\u003eTime off on another designated working day\u003c/td\u003e\n\u003ctd data-label=\"Compensatory leave\"\u003ePaid leave reflecting premium wages\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eIf the holiday substitution is valid, October 5 becomes a working day. Instead, another day designated in advance becomes a paid holiday. If the employee works again on the substituted holiday, a separate assessment is required.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#comparison-of-national-foundation-day-and-armed-forces-day\" class=\"anchor\" id=\"comparison-of-national-foundation-day-and-armed-forces-day\"\u003e\u003c/a\u003eComparison of National Foundation Day and Armed Forces Day\u003c/h2\u003e\n\u003cp\u003eNational holidays and public holidays are not the same concept. Commemorative days do not automatically become days off. The legal basis for each date must be checked separately.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eDate\u003c/th\u003e\n\u003cth\u003eNational holiday\u003c/th\u003e\n\u003cth\u003eAnnual public holiday\u003c/th\u003e\n\u003cth\u003eEligibility for a substitute public holiday\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eNational Foundation Day, October 3\u003c/td\u003e\n\u003ctd data-label=\"National holiday\"\u003eYes\u003c/td\u003e\n\u003ctd data-label=\"Annual public holiday\"\u003eYes\u003c/td\u003e\n\u003ctd data-label=\"Eligibility for a substitute public holiday\"\u003eApplies when it overlaps with a Saturday or Sunday\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eConstitution Day, July 17\u003c/td\u003e\n\u003ctd data-label=\"National holiday\"\u003eYes\u003c/td\u003e\n\u003ctd data-label=\"Annual public holiday\"\u003eCurrently not a public holiday\u003c/td\u003e\n\u003ctd data-label=\"Eligibility for a substitute public holiday\"\u003eDoes not apply\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Date\"\u003eArmed Forces Day, October 1\u003c/td\u003e\n\u003ctd data-label=\"National holiday\"\u003eNo\u003c/td\u003e\n\u003ctd data-label=\"Annual public holiday\"\u003eCurrently not a regular public holiday\u003c/td\u003e\n\u003ctd data-label=\"Eligibility for a substitute public holiday\"\u003eMay be a holiday only when designated as a temporary public holiday\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eArmed Forces Day is a statutory commemorative day. It is not an annually recurring public holiday. If it is designated as a temporary public holiday in a particular year, it is a day off only in that year.\u003c/p\u003e\n\u003cp\u003eNational Foundation Day is both a national holiday and a regular public holiday. If it overlaps with a Saturday or Sunday, the substitute public holiday rules apply. Treating the two dates under the same standards leads to errors.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#common-mistakes\" class=\"anchor\" id=\"common-mistakes\"\u003e\u003c/a\u003eCommon Mistakes\u003c/h2\u003e\n\u003cp\u003eSome people regard October 4, 2026, as the substitute public holiday. Because that day is a Sunday, it is not the first non-public holiday. The actual substitute public holiday is October 5.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eAssuming that no substitute holiday is provided when a public holiday falls on a Saturday.\u003c/li\u003e\n\u003cli\u003eAssuming that all private companies take the day off in the same way.\u003c/li\u003e\n\u003cli\u003eAssuming that holiday substitution is complete based solely on a verbal agreement.\u003c/li\u003e\n\u003cli\u003eTreating a scheduled day off and a paid holiday as the same concept.\u003c/li\u003e\n\u003cli\u003eTreating holiday substitution and compensatory leave as the same system.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eAn employer must also not unilaterally treat a substitute public holiday as annual leave. Statutory paid holidays at workplaces with at least five employees are distinct from annual leave. Substituting annual leave also requires a written agreement with the employee representative.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#documents-to-check\" class=\"anchor\" id=\"documents-to-check\"\u003e\u003c/a\u003eDocuments to Check\u003c/h2\u003e\n\u003cp\u003eWorkplace documents are required to determine an individual employee’s wages. It is difficult to establish the correct pay based solely on calendar information. The following materials should be reviewed together.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eEmployment contract and rules of employment\u003c/li\u003e\n\u003cli\u003eConfirmed work schedule for October 2026\u003c/li\u003e\n\u003cli\u003eWritten holiday-substitution agreement with the employee representative\u003c/li\u003e\n\u003cli\u003ePay statement and components of ordinary wages\u003c/li\u003e\n\u003cli\u003eMaterials used to calculate the workplace’s number of regular employees\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eIf a dispute arises, it is advisable to keep records of working hours by date. Clock-in and clock-out records and work instructions may also serve as evidence. The law is applied based on the actual employment relationship.\u003c/p\u003e\n","tags":["Working hours","holiday work pay","Substitute holiday"],"faqs":[{"question":"When is the substitute holiday for National Foundation Day in 2026?","answer":"It is Monday, October 5, 2026. Because National Foundation Day, October 3, falls on a Saturday and October 4 is also a Sunday, October 5, the first non-holiday, becomes the substitute holiday."},{"question":"Do employees get October 5 off only if it is separately declared a temporary public holiday?","answer":"No separate designation as a temporary public holiday is required. Because National Foundation Day coincides with a Saturday, the date is determined automatically under the current substitute holiday rules."},{"question":"Is October 5 a paid holiday for workplaces with at least 5 employees?","answer":"In principle, it is a paid holiday. Article 55(2) of the Labor Standards Act requires workplaces with at least 5 employees to provide paid leave for public holidays observed by government offices and substitute holidays."},{"question":"Do workplaces with fewer than 5 employees also close for the substitute holiday for National Foundation Day?","answer":"The statutory obligation to provide paid public holidays under the Labor Standards Act does not apply. However, if the employment contract, collective agreement, or rules of employment designate it as a paid holiday, that agreement applies."},{"question":"How is holiday pay calculated for 8 hours of work on October 5?","answer":"At a workplace with at least 5 employees, if an employee works without a substituted holiday, at least 50% of the ordinary wage must be added for up to 8 hours of work. Salaried employees should also check whether their paid holiday wages are included in their salary."},{"question":"Do shift workers receive additional pay if they take October 5 off?","answer":"If they do not actually work on a scheduled day off, no premium pay for holiday work is incurred. Paid holiday wages should be determined by considering scheduled working days, the form of wages, and the rules of employment together."},{"question":"Can a company move the holiday to another day?","answer":"A holiday can be substituted by written agreement with the employee representative. If it is lawfully substituted, October 5 becomes a regular working day, and the designated alternative working day becomes a paid holiday."},{"question":"Can a substitute holiday be deducted from annual leave?","answer":"At workplaces with at least 5 employees, a statutory paid holiday must not be unilaterally deducted from an employee's annual leave. Substitution of annual leave also requires a written agreement with the employee representative."},{"question":"Why are the holiday rules different for National Foundation Day and Armed Forces Day?","answer":"National Foundation Day is a national celebration day and an annually observed public holiday. Armed Forces Day is a statutory commemorative day but not a permanent public holiday, so it becomes a holiday only when designated as a temporary public holiday in a particular year."}],"sources":[{"url":"https://www.law.go.kr/법령/관공서의공휴일에관한규정","title":"Korean Law Information Center Regulation on Public Holidays for Public Offices","type":"source"},{"url":"https://www.law.go.kr/법령/근로기준법","title":"Korean Law Information Center Labor Standards Act","type":"source"},{"url":"https://www.law.go.kr/법령/근로기준법시행령","title":"Korean Law Information Center Enforcement Decree of the Labor Standards Act","type":"source"},{"url":"https://www.law.go.kr/법령/국경일에관한법률","title":"Korean Law Information Center Act on National Holidays","type":"source"},{"url":"https://www.law.go.kr/법령/각종기념일등에관한규정","title":"Korean Law Information Center Regulation on Various Commemorative Days, etc.","type":"source"}],"images":[{"id":1295,"url":"https://onbinder.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTg1NjAsInB1ciI6ImJsb2JfaWQifX0=--7d2243d7e851f270bc3070105dc0c721df60e11c/ai-21570c67.webp","is_representative":true,"generation_method":"ai_photo","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"빵집에서 근심스러운 표정으로 근무표를 확인하는 파란 앞치마 차림의 직원","caption":"한 빵집 직원이 개천절 대체공휴일을 앞두고 근무 일정을 확인하고 있다.","description":null},"en":{"alt":"Concerned bakery employee in a blue apron reviewing a work schedule","caption":"A bakery employee reviews the work schedule ahead of the substitute holiday for National Foundation Day.","description":null},"ja":{"alt":"パン店で心配そうに勤務表を確認する青いエプロン姿の従業員","caption":"パン店の従業員が開天節の振替休日を前に勤務日程を確認している。","description":null},"es":{"alt":"Empleada de panadería con delantal azul revisando preocupada el horario laboral","caption":"Una empleada revisa el horario de trabajo antes del festivo sustitutorio del Día de la Fundación Nacional.","description":null},"id":{"alt":"Pegawai toko roti bercelemek biru memeriksa jadwal kerja dengan wajah cemas","caption":"Seorang pegawai memeriksa jadwal kerja menjelang hari libur pengganti Hari Berdirinya Korea.","description":null},"pt":{"alt":"Funcionária de padaria com avental azul verifica preocupada a escala de trabalho","caption":"Uma funcionária confere a escala antes do feriado compensatório do Dia da Fundação Nacional.","description":null},"zh-hant":{"alt":"麵包店內穿藍色圍裙的員工神情憂慮地查看工作班表","caption":"一名麵包店員工在開天節補假前查看工作安排。","description":null},"de":{"alt":"Besorgte Bäckereimitarbeiterin mit blauer Schürze prüft den Dienstplan","caption":"Eine Bäckereimitarbeiterin prüft vor dem Ersatzfeiertag zum Staatsgründungstag den Dienstplan.","description":null}}},{"id":1296,"url":"https://onbinder.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTg1NjYsInB1ciI6ImJsb2JfaWQifX0=--5790b52cfa92535c3885616ea94b219211756427/ai-5fd03ed4.webp","is_representative":false,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"강조된 날짜와 화살표가 있는 달력, 시계, 동전, 업무 서류와 가을 단풍","caption":"대체공휴일 적용일을 확인하는 일정 관리와 업무 조정을 표현한 그림입니다.","description":null},"en":{"alt":"Calendar with highlighted dates and arrow, clock, coins, office documents, and autumn leaves","caption":"The illustration represents checking a substitute holiday date and adjusting work schedules.","description":null},"ja":{"alt":"強調された日付と矢印のあるカレンダー、時計、硬貨、業務書類、紅葉","caption":"振替休日の適用日を確認し、業務日程を調整する様子を表しています。","description":null},"es":{"alt":"Calendario con fechas resaltadas y flecha, reloj, monedas, documentos y hojas de otoño","caption":"La ilustración representa la consulta de un festivo sustitutorio y el ajuste del calendario laboral.","description":null},"id":{"alt":"Kalender dengan tanggal disorot dan panah, jam, koin, dokumen kerja, serta daun musim gugur","caption":"Ilustrasi ini menggambarkan pemeriksaan tanggal libur pengganti dan penyesuaian jadwal kerja.","description":null},"pt":{"alt":"Calendário com datas destacadas e seta, relógio, moedas, documentos e folhas de outono","caption":"A ilustração representa a consulta da data do feriado substituto e o ajuste do calendário de trabalho.","description":null},"zh-hant":{"alt":"標示日期與箭頭的月曆、時鐘、硬幣、辦公文件和秋葉","caption":"插圖呈現確認補假適用日期並調整工作安排的情境。","description":null},"de":{"alt":"Kalender mit markierten Tagen und Pfeil, Uhr, Münzen, Arbeitsunterlagen und Herbstlaub","caption":"Die Illustration zeigt die Prüfung eines Ersatzfeiertags und die Anpassung der Arbeitsplanung.","description":null}}}],"published_at":"2026-09-15T01:34:15+09:00","updated_at":"2026-09-15T01:34:15+09:00","license":"cc_by","translation_status":"reviewed","available_locales":["ko","en","ja","es"],"data_locales":["ko","en","ja","es","id","pt","zh-hant","de"],"url":"https://onbinder.com/en/articles/gaecheonjeol-substitute-holiday-2026-october-5"}