{"content_id":"aieim6xavw","slug":"2026-national-foundation-day-substitute-holiday-rules","locale":"en","schema_type":"Article","category":"knowledge_base","category_name":"Knowledge Base","title":"2026 National Foundation Day Substitute Holiday: Oct 5","summary":"The substitute holiday for National Foundation Day in 2026 is Monday, October 5. This explains separately the scope of application for government offices and workplaces with at least five regularly employed workers, pay for working that day, and rules for using annual leave.","sponsorship_disclosure":null,"affiliate_disclosure":null,"commerce_disclosure":null,"author":{"name":"OnBinder Editorial Team","url":"https://onbinder.com/ko/about"},"key_points":["Because National Foundation Day on October 3, 2026 falls on a Saturday, Monday, October 5 is a substitute holiday.","Private-sector workplaces with at least five regularly employed workers must, in principle, treat the substitute holiday as a paid holiday.","Whether substitute holidays apply to small workplaces must be checked in guidance from the Ministry of Employment and Labor and in employment contracts and rules of employment.","The premium pay rules for working on a substitute holiday must be checked in the Labor Standards Act and guidance from the Ministry of Employment and Labor.","A company cannot unilaterally deduct a substitute holiday from an employee's annual leave."],"content_markdown":"In 2026, National Foundation Day falls on Saturday, October 3, so Monday, October 5 is a substitute public holiday. As a rule, government offices and workplaces with at least 5 regular employees must treat it as a paid holiday. Whether it applies to smaller workplaces should be checked through Ministry of Employment and Labor guidance and the employment contract and rules of employment.\n\nAs of September 2026\n\n## Date of the 2026 National Foundation Day Substitute Public Holiday\n\nThe 2026 National Foundation Day substitute public holiday is Monday, October 5. National Foundation Day itself falls on Saturday, October 3. The following day, October 4, is also a Sunday. Accordingly, Monday, the first non-holiday, becomes the substitute public holiday.\n\n| Category | Date | Calendar Treatment |\n|---|---:|---|\n| National Foundation Day | Saturday, October 3, 2026 | Statutory public holiday |\n| Sunday | Sunday, October 4, 2026 | Public holiday |\n| Substitute public holiday | Monday, October 5, 2026 | National Foundation Day substitute public holiday |\n\nThe Monday substitute public holiday does not disappear simply because Saturday was already a day off. A Saturday off and a statutory substitute public holiday are different in nature. Workplaces operating from Monday through Friday apply the same date.\n\n## Basis for a Substitute Public Holiday When National Foundation Day Falls on Saturday\n\nNational Foundation Day is a national holiday for which a substitute public holiday applies when it overlaps with a Saturday or Sunday. The basis is Article 3 of the 「Regulations on Public Holidays of Government Offices」. The exact wording can be checked in the relevant regulations on the Korean Law Information Center.\n\nA substitute public holiday applies on the first non-holiday following the overlapping public holiday. In 2026, October 4 is a Sunday. Therefore, October 5 is the first non-holiday.\n\nThese regulations first establish public holidays for government offices. Their application to private workplaces is linked through Article 55 of the 「Labor Standards Act」 and its Enforcement Decree. Both regulations must be reviewed together to determine whether a workplace is closed.\n\n## Why Not Every Public Holiday Has a Substitute Public Holiday\n\nSubstitute public holidays arise only for public holidays specified by Presidential Decree. The following Monday does not automatically become a holiday merely because the original date is a public holiday. Both the overlapping day of the week and the type of public holiday must satisfy the applicable requirements.\n\n| Type of Public Holiday | Substitute Public Holiday Determination |\n|---|---|\n| National Foundation Day | Applies when it overlaps with Saturday or Sunday |\n| January 1 | Not currently subject to automatic substitution under the regulations |\n| Memorial Day | Not currently subject to automatic substitution under the regulations |\n| Temporary public holiday | Requires separate designation by the government |\n| Election day | Election day itself is a public holiday and is not subject to automatic substitution |\n\nArmed Forces Day is also not automatically a public holiday every year. Designation as a temporary public holiday requires a separate decision each year. Whether workplaces will be closed in 2026 should not be determined solely from past designations.\n\n## Differences Between Government Offices and Private Workplaces\n\nGovernment offices observe October 5 as a holiday under the public holiday regulations. For private workplaces, the number of regular employees is the key criterion. As a rule, it is a paid holiday for workplaces with at least 5 regular employees.\n\n| Workplace | Treatment of October 5, 2026 | Items to Check |\n|---|---|---|\n| Government office | Public holiday | Whether emergency or shift work applies |\n| Workplace with at least 5 regular employees | Paid holiday in principle | Holiday substitution agreement and work schedule |\n| Workplace with fewer than 5 regular employees | The statutory paid-holiday obligation does not apply in the same way | Employment contract, rules of employment, and collective agreement |\n| Shift-work workplace | Wage outcomes may vary according to the individual work schedule | Whether the date is a prescribed working day |\n\nThe number of regular employees is not the same as the number of people reporting to work that day. It is determined based on the number of employees during the statutory calculation period. Whether the head office and branches are independent workplaces may also affect the determination.\n\nWorkplaces with fewer than 5 employees may also provide the day off with pay. This is because the employment contract or rules of employment may designate public holidays as days off. An established company practice of repeatedly providing paid holidays may also need to be reviewed.\n\n## Wage Treatment for Monthly and Hourly Employees\n\nWage calculations differ depending on whether an employee takes the day off or reports to work. As a rule, a monthly salary should not be reduced merely because the employee takes the day off. For hourly and daily employees, pay for the paid holiday may be calculated separately.\n\n| Employment Type and Situation | Basic Treatment |\n|---|---|\n| Monthly salaried employee takes the day off | Pay the regular monthly wage without reduction |\n| Hourly or daily employee takes the day off | Pay for the paid holiday if it is a prescribed working day |\n| Holiday work of at most 8 hours | Add at least 50% of the ordinary wage |\n| Holiday work exceeding 8 hours | Add at least 100% of the ordinary wage for the excess hours |\n\nA monthly salaried employee’s salary generally includes pay for paid holidays. The calculation method and premium rate for holiday work allowances should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. The wage statement should separately specify holiday work hours and allowances.\n\nHourly employees should first check whether they meet the paid-holiday requirements. The wage calculation method for work performed on a paid holiday should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. The specific total varies according to the ordinary hourly wage and hours worked.\n\n## Calculation Examples\n\nIf the ordinary hourly wage is represented by W, the calculation structure can be reviewed without using an actual monetary amount. The examples below assume a workplace with at least 5 regular employees. They also assume that October 5 was originally an 8-hour working day.\n\n| Example | Calculation Structure | Result |\n|---|---|---|\n| Monthly salaried employee takes the day off | Paid-holiday portion included in monthly salary | Monthly salary maintained, no annual leave deducted |\n| Monthly salaried employee works 8 hours | 8W + 4W premium | Payment equivalent to 12W in addition to monthly salary |\n| Hourly employee works 8 hours | Paid holiday 8W + work 8W + 4W premium | Total payment equivalent to 20W |\n\nThe 20W in the hourly employee example is not a fixed amount for every employee. The same structure applies only if October 5 is a prescribed working day. If a collective agreement provides more favorable standards, those standards apply.\n\n## Use of Annual Leave and Conditions for Substituting Another Working Day\n\nA company cannot unilaterally replace a statutory paid holiday with an employee’s annual leave. A public holiday is inherently a day on which there is no duty to work. Whether a workplace may automatically deduct annual leave should be checked through Ministry of Employment and Labor guidance and the rules of employment.\n\nA written agreement with the employee representative is required to exchange the holiday for another working day. The requirements for an employee representative should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. Simple consent from individual employees may not satisfy the requirements.\n\nHoliday substitution should be checked in the following order.\n\n1. Check whether there is a labor union representing a majority of employees or an employee representative.\n2. Check whether there is a written agreement on holiday substitution.\n3. Specifically designate the working day and holiday to be substituted.\n4. Notify employees of the changed working day and holiday.\n\nIf the substitution is validly implemented, October 5 becomes a regular working day. Instead, the other designated date becomes a paid holiday. In that case, working on October 5 alone may not result in holiday work allowances.\n\nThe compensatory leave system is different from holiday substitution. Compensatory leave converts allowances already incurred for overtime, night, or holiday work into paid leave. A written agreement with the employee representative is also required in this case.\n\n## Summary by Condition\n\nThe outcome for October 5 varies depending on workplace size and the work schedule. The fact that it appears as a red day on the calendar does not mean that wage treatment will also be the same. The following conditions should be checked in order.\n\n- Check whether it is a government office or a private workplace.\n- For a private workplace, check whether it has at least 5 regular employees.\n- Check whether October 5 was originally a prescribed working day.\n- Check whether there is a written holiday substitution agreement with the employee representative.\n- Check whether the actual working hours exceeded 8 hours.\n- Check whether the collective agreement or rules of employment contain more favorable provisions.\n\nInternal rules that are more favorable than statutory standards may remain in effect. Conversely, if internal rules are less favorable than statutory standards, the statutory standards take precedence. The scope of ordinary wages also affects wage calculations.\n\n## Borderline Cases That Vary by Work Schedule\n\nShift workers do not receive an additional holiday merely because the date falls on a Monday. If October 5 was originally a scheduled day off, a separate holiday may not arise automatically. Whether it is a prescribed working day under the work schedule is the starting point for determining wages.\n\nCases in which the weekly holiday and substitute public holiday fall on the same date also require caution. When holidays overlap on the same date, another day is not automatically created. Whether a collective agreement guarantees an additional holiday should be checked separately.\n\nIf night work continues past midnight, the hours must be divided by time period. The hours actually worked on October 5 are subject to the holiday work calculation. If night work overlaps, the night work premium should also be reviewed.\n\n## Common Mistakes\n\nThe most common misunderstanding is assuming that whenever a public holiday falls on Saturday, the following Monday is always a day off. Some public holidays are not eligible for substitute public holidays. The type of public holiday must be checked first.\n\n- Calculating the threshold of at least 5 employees based on the number reporting to work that day.\n- Adding a separate day’s wage for a monthly salaried employee who takes the day off.\n- Omitting paid-holiday pay for an hourly employee.\n- Automatically deducting a substitute public holiday from an employee’s annual leave.\n- Assuming that an internal company notice alone establishes a holiday substitution.\n- Treating temporary public holidays and substitute public holidays as the same system.\n\nHoliday substitution and compensatory leave are also frequently confused. Holiday substitution changes the date of the holiday before the work is performed. Compensatory leave converts premium wages that have already accrued into leave.\n\n## Records to Check\n\nTo prevent disputes, the basis for application should be confirmed in documents. A company calendar alone cannot determine every aspect of whether the day is paid. Wage statements and work schedules should be reviewed together.\n\n- Provisions on working days and holidays in the employment contract\n- Public holiday provisions in the rules of employment\n- Holiday and premium allowance provisions in the collective agreement\n- Work schedule for October 2026\n- Written agreement concluded with the employee representative\n- October wage statement and attendance records\n\nThe original text of the laws and regulations can be checked on the Korean Law Information Center. Article 3 of the 「Regulations on Public Holidays of Government Offices」 is the standard for determining the substitute public holiday date. The criteria for application to private workplaces should be checked in the 「Labor Standards Act」 and its Enforcement Decree on the Korean Law Information Center.","content_html":"\u003cp\u003eIn 2026, National Foundation Day falls on Saturday, October 3, so Monday, October 5 is a substitute public holiday. As a rule, government offices and workplaces with at least 5 regular employees must treat it as a paid holiday. Whether it applies to smaller workplaces should be checked through Ministry of Employment and Labor guidance and the employment contract and rules of employment.\u003c/p\u003e\n\u003cp\u003eAs of September 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 2026 National Foundation Day substitute public holiday is Monday, October 5. National Foundation Day itself falls on Saturday, October 3. The following day, October 4, is also a Sunday. Accordingly, Monday, the first non-holiday, becomes the substitute public holiday.\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\u003eDate\u003c/th\u003e\n\u003cth\u003eCalendar Treatment\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=\"Calendar Treatment\"\u003eStatutory 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=\"Calendar Treatment\"\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=\"Calendar Treatment\"\u003eNational Foundation Day substitute public holiday\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eThe Monday substitute public holiday does not disappear simply because Saturday was already a day off. A Saturday off and a statutory substitute public holiday are different in nature. Workplaces operating from Monday through Friday apply the same date.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#basis-for-a-substitute-public-holiday-when-national-foundation-day-falls-on-saturday\" class=\"anchor\" id=\"basis-for-a-substitute-public-holiday-when-national-foundation-day-falls-on-saturday\"\u003e\u003c/a\u003eBasis for a Substitute Public Holiday When National Foundation Day Falls on Saturday\u003c/h2\u003e\n\u003cp\u003eNational Foundation Day is a national holiday for which a substitute public holiday applies when it overlaps with a Saturday or Sunday. The basis is Article 3 of the 「Regulations on Public Holidays of Government Offices」. The exact wording can be checked in the relevant regulations on the Korean Law Information Center.\u003c/p\u003e\n\u003cp\u003eA substitute public holiday applies on the first non-holiday following the overlapping public holiday. In 2026, October 4 is a Sunday. Therefore, October 5 is the first non-holiday.\u003c/p\u003e\n\u003cp\u003eThese regulations first establish public holidays for government offices. Their application to private workplaces is linked through Article 55 of the 「Labor Standards Act」 and its Enforcement Decree. Both regulations must be reviewed together to determine whether a workplace is closed.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#why-not-every-public-holiday-has-a-substitute-public-holiday\" class=\"anchor\" id=\"why-not-every-public-holiday-has-a-substitute-public-holiday\"\u003e\u003c/a\u003eWhy Not Every Public Holiday Has a Substitute Public Holiday\u003c/h2\u003e\n\u003cp\u003eSubstitute public holidays arise only for public holidays specified by Presidential Decree. The following Monday does not automatically become a holiday merely because the original date is a public holiday. Both the overlapping day of the week and the type of public holiday must satisfy the applicable requirements.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eType of Public Holiday\u003c/th\u003e\n\u003cth\u003eSubstitute Public Holiday Determination\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Type of Public Holiday\"\u003eNational Foundation Day\u003c/td\u003e\n\u003ctd data-label=\"Substitute Public Holiday Determination\"\u003eApplies when it overlaps with Saturday or Sunday\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Type of Public Holiday\"\u003eJanuary 1\u003c/td\u003e\n\u003ctd data-label=\"Substitute Public Holiday Determination\"\u003eNot currently subject to automatic substitution under the regulations\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Type of Public Holiday\"\u003eMemorial Day\u003c/td\u003e\n\u003ctd data-label=\"Substitute Public Holiday Determination\"\u003eNot currently subject to automatic substitution under the regulations\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Type of Public Holiday\"\u003eTemporary public holiday\u003c/td\u003e\n\u003ctd data-label=\"Substitute Public Holiday Determination\"\u003eRequires separate designation by the government\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Type of Public Holiday\"\u003eElection day\u003c/td\u003e\n\u003ctd data-label=\"Substitute Public Holiday Determination\"\u003eElection day itself is a public holiday and is not subject to automatic substitution\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eArmed Forces Day is also not automatically a public holiday every year. Designation as a temporary public holiday requires a separate decision each year. Whether workplaces will be closed in 2026 should not be determined solely from past designations.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#differences-between-government-offices-and-private-workplaces\" class=\"anchor\" id=\"differences-between-government-offices-and-private-workplaces\"\u003e\u003c/a\u003eDifferences Between Government Offices and Private Workplaces\u003c/h2\u003e\n\u003cp\u003eGovernment offices observe October 5 as a holiday under the public holiday regulations. For private workplaces, the number of regular employees is the key criterion. As a rule, it is a paid holiday for workplaces with at least 5 regular employees.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eWorkplace\u003c/th\u003e\n\u003cth\u003eTreatment of October 5, 2026\u003c/th\u003e\n\u003cth\u003eItems to Check\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Workplace\"\u003eGovernment office\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5, 2026\"\u003ePublic holiday\u003c/td\u003e\n\u003ctd data-label=\"Items to Check\"\u003eWhether emergency or shift work applies\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Workplace\"\u003eWorkplace with at least 5 regular employees\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5, 2026\"\u003ePaid holiday in principle\u003c/td\u003e\n\u003ctd data-label=\"Items to Check\"\u003eHoliday substitution agreement and work schedule\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Workplace\"\u003eWorkplace with fewer than 5 regular employees\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5, 2026\"\u003eThe statutory paid-holiday obligation does not apply in the same way\u003c/td\u003e\n\u003ctd data-label=\"Items to Check\"\u003eEmployment contract, rules of employment, and collective agreement\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Workplace\"\u003eShift-work workplace\u003c/td\u003e\n\u003ctd data-label=\"Treatment of October 5, 2026\"\u003eWage outcomes may vary according to the individual work schedule\u003c/td\u003e\n\u003ctd data-label=\"Items to Check\"\u003eWhether the date is a prescribed working day\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eThe number of regular employees is not the same as the number of people reporting to work that day. It is determined based on the number of employees during the statutory calculation period. Whether the head office and branches are independent workplaces may also affect the determination.\u003c/p\u003e\n\u003cp\u003eWorkplaces with fewer than 5 employees may also provide the day off with pay. This is because the employment contract or rules of employment may designate public holidays as days off. An established company practice of repeatedly providing paid holidays may also need to be reviewed.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#wage-treatment-for-monthly-and-hourly-employees\" class=\"anchor\" id=\"wage-treatment-for-monthly-and-hourly-employees\"\u003e\u003c/a\u003eWage Treatment for Monthly and Hourly Employees\u003c/h2\u003e\n\u003cp\u003eWage calculations differ depending on whether an employee takes the day off or reports to work. As a rule, a monthly salary should not be reduced merely because the employee takes the day off. For hourly and daily employees, pay for the paid holiday may be calculated separately.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eEmployment Type and Situation\u003c/th\u003e\n\u003cth\u003eBasic Treatment\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Employment Type and Situation\"\u003eMonthly salaried employee takes the day off\u003c/td\u003e\n\u003ctd data-label=\"Basic Treatment\"\u003ePay the regular monthly wage without reduction\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Employment Type and Situation\"\u003eHourly or daily employee takes the day off\u003c/td\u003e\n\u003ctd data-label=\"Basic Treatment\"\u003ePay for the paid holiday if it is a prescribed working day\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Employment Type and Situation\"\u003eHoliday work of at most 8 hours\u003c/td\u003e\n\u003ctd data-label=\"Basic Treatment\"\u003eAdd at least 50% of the ordinary wage\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Employment Type and Situation\"\u003eHoliday work exceeding 8 hours\u003c/td\u003e\n\u003ctd data-label=\"Basic Treatment\"\u003eAdd at least 100% of the ordinary wage for the excess hours\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eA monthly salaried employee’s salary generally includes pay for paid holidays. The calculation method and premium rate for holiday work allowances should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. The wage statement should separately specify holiday work hours and allowances.\u003c/p\u003e\n\u003cp\u003eHourly employees should first check whether they meet the paid-holiday requirements. The wage calculation method for work performed on a paid holiday should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. The specific total varies according to the ordinary hourly wage and hours worked.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#calculation-examples\" class=\"anchor\" id=\"calculation-examples\"\u003e\u003c/a\u003eCalculation Examples\u003c/h2\u003e\n\u003cp\u003eIf the ordinary hourly wage is represented by W, the calculation structure can be reviewed without using an actual monetary amount. The examples below assume a workplace with at least 5 regular employees. They also assume that October 5 was originally an 8-hour working day.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eExample\u003c/th\u003e\n\u003cth\u003eCalculation Structure\u003c/th\u003e\n\u003cth\u003eResult\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Example\"\u003eMonthly salaried employee takes the day off\u003c/td\u003e\n\u003ctd data-label=\"Calculation Structure\"\u003ePaid-holiday portion included in monthly salary\u003c/td\u003e\n\u003ctd data-label=\"Result\"\u003eMonthly salary maintained, no annual leave deducted\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Example\"\u003eMonthly salaried employee works 8 hours\u003c/td\u003e\n\u003ctd data-label=\"Calculation Structure\"\u003e8W + 4W premium\u003c/td\u003e\n\u003ctd data-label=\"Result\"\u003ePayment equivalent to 12W in addition to monthly salary\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Example\"\u003eHourly employee works 8 hours\u003c/td\u003e\n\u003ctd data-label=\"Calculation Structure\"\u003ePaid holiday 8W + work 8W + 4W premium\u003c/td\u003e\n\u003ctd data-label=\"Result\"\u003eTotal payment equivalent to 20W\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eThe 20W in the hourly employee example is not a fixed amount for every employee. The same structure applies only if October 5 is a prescribed working day. If a collective agreement provides more favorable standards, those standards apply.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#use-of-annual-leave-and-conditions-for-substituting-another-working-day\" class=\"anchor\" id=\"use-of-annual-leave-and-conditions-for-substituting-another-working-day\"\u003e\u003c/a\u003eUse of Annual Leave and Conditions for Substituting Another Working Day\u003c/h2\u003e\n\u003cp\u003eA company cannot unilaterally replace a statutory paid holiday with an employee’s annual leave. A public holiday is inherently a day on which there is no duty to work. Whether a workplace may automatically deduct annual leave should be checked through Ministry of Employment and Labor guidance and the rules of employment.\u003c/p\u003e\n\u003cp\u003eA written agreement with the employee representative is required to exchange the holiday for another working day. The requirements for an employee representative should be checked under the 「Labor Standards Act」 and Ministry of Employment and Labor guidance. Simple consent from individual employees may not satisfy the requirements.\u003c/p\u003e\n\u003cp\u003eHoliday substitution should be checked in the following order.\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003eCheck whether there is a labor union representing a majority of employees or an employee representative.\u003c/li\u003e\n\u003cli\u003eCheck whether there is a written agreement on holiday substitution.\u003c/li\u003e\n\u003cli\u003eSpecifically designate the working day and holiday to be substituted.\u003c/li\u003e\n\u003cli\u003eNotify employees of the changed working day and holiday.\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eIf the substitution is validly implemented, October 5 becomes a regular working day. Instead, the other designated date becomes a paid holiday. In that case, working on October 5 alone may not result in holiday work allowances.\u003c/p\u003e\n\u003cp\u003eThe compensatory leave system is different from holiday substitution. Compensatory leave converts allowances already incurred for overtime, night, or holiday work into paid leave. A written agreement with the employee representative is also required in this case.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#summary-by-condition\" class=\"anchor\" id=\"summary-by-condition\"\u003e\u003c/a\u003eSummary by Condition\u003c/h2\u003e\n\u003cp\u003eThe outcome for October 5 varies depending on workplace size and the work schedule. The fact that it appears as a red day on the calendar does not mean that wage treatment will also be the same. The following conditions should be checked in order.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eCheck whether it is a government office or a private workplace.\u003c/li\u003e\n\u003cli\u003eFor a private workplace, check whether it has at least 5 regular employees.\u003c/li\u003e\n\u003cli\u003eCheck whether October 5 was originally a prescribed working day.\u003c/li\u003e\n\u003cli\u003eCheck whether there is a written holiday substitution agreement with the employee representative.\u003c/li\u003e\n\u003cli\u003eCheck whether the actual working hours exceeded 8 hours.\u003c/li\u003e\n\u003cli\u003eCheck whether the collective agreement or rules of employment contain more favorable provisions.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eInternal rules that are more favorable than statutory standards may remain in effect. Conversely, if internal rules are less favorable than statutory standards, the statutory standards take precedence. The scope of ordinary wages also affects wage calculations.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#borderline-cases-that-vary-by-work-schedule\" class=\"anchor\" id=\"borderline-cases-that-vary-by-work-schedule\"\u003e\u003c/a\u003eBorderline Cases That Vary by Work Schedule\u003c/h2\u003e\n\u003cp\u003eShift workers do not receive an additional holiday merely because the date falls on a Monday. If October 5 was originally a scheduled day off, a separate holiday may not arise automatically. Whether it is a prescribed working day under the work schedule is the starting point for determining wages.\u003c/p\u003e\n\u003cp\u003eCases in which the weekly holiday and substitute public holiday fall on the same date also require caution. When holidays overlap on the same date, another day is not automatically created. Whether a collective agreement guarantees an additional holiday should be checked separately.\u003c/p\u003e\n\u003cp\u003eIf night work continues past midnight, the hours must be divided by time period. The hours actually worked on October 5 are subject to the holiday work calculation. If night work overlaps, the night work premium should also be reviewed.\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\u003eThe most common misunderstanding is assuming that whenever a public holiday falls on Saturday, the following Monday is always a day off. Some public holidays are not eligible for substitute public holidays. The type of public holiday must be checked first.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eCalculating the threshold of at least 5 employees based on the number reporting to work that day.\u003c/li\u003e\n\u003cli\u003eAdding a separate day’s wage for a monthly salaried employee who takes the day off.\u003c/li\u003e\n\u003cli\u003eOmitting paid-holiday pay for an hourly employee.\u003c/li\u003e\n\u003cli\u003eAutomatically deducting a substitute public holiday from an employee’s annual leave.\u003c/li\u003e\n\u003cli\u003eAssuming that an internal company notice alone establishes a holiday substitution.\u003c/li\u003e\n\u003cli\u003eTreating temporary public holidays and substitute public holidays as the same system.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eHoliday substitution and compensatory leave are also frequently confused. Holiday substitution changes the date of the holiday before the work is performed. Compensatory leave converts premium wages that have already accrued into leave.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#records-to-check\" class=\"anchor\" id=\"records-to-check\"\u003e\u003c/a\u003eRecords to Check\u003c/h2\u003e\n\u003cp\u003eTo prevent disputes, the basis for application should be confirmed in documents. A company calendar alone cannot determine every aspect of whether the day is paid. Wage statements and work schedules should be reviewed together.\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eProvisions on working days and holidays in the employment contract\u003c/li\u003e\n\u003cli\u003ePublic holiday provisions in the rules of employment\u003c/li\u003e\n\u003cli\u003eHoliday and premium allowance provisions in the collective agreement\u003c/li\u003e\n\u003cli\u003eWork schedule for October 2026\u003c/li\u003e\n\u003cli\u003eWritten agreement concluded with the employee representative\u003c/li\u003e\n\u003cli\u003eOctober wage statement and attendance records\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eThe original text of the laws and regulations can be checked on the Korean Law Information Center. Article 3 of the 「Regulations on Public Holidays of Government Offices」 is the standard for determining the substitute public holiday date. The criteria for application to private workplaces should be checked in the 「Labor Standards Act」 and its Enforcement Decree on the Korean Law Information Center.\u003c/p\u003e\n","tags":["Labor Market","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. Since National Foundation Day, October 3, falls on a Saturday, a substitute holiday applies."},{"question":"If I have Saturday, October 3 off, do I also get October 5 off?","answer":"If the workplace regularly employs at least five employees, October 5 is, in principle, a paid holiday. Saturday days off and substitute holidays are governed by separate rules."},{"question":"Do employees at workplaces with fewer than five employees also get the substitute holiday for National Foundation Day off?","answer":"The obligation to provide paid public holidays under the Labor Standards Act does not apply in the same way as it does to workplaces with at least five employees. If the employment contract and rules of employment designate it as a paid holiday, those provisions apply."},{"question":"How much extra pay do I receive if I work on the substitute holiday for National Foundation Day?","answer":"The premium pay rules for holiday work by workplace size must be checked in the Labor Standards Act and guidance from the Ministry of Employment and Labor. The premium pay rules for holiday work by time period must be checked in the Labor Standards Act and guidance from the Ministry of Employment and Labor."},{"question":"If a salaried employee takes October 5 off, will their salary be reduced?","answer":"If the employee is covered by statutory paid holiday provisions, the general rule is that their salary must not be reduced. They do not receive an additional day's wages simply because they took the day off."},{"question":"Can a company treat the substitute holiday as annual leave?","answer":"A statutory paid holiday at a workplace with at least five employees cannot be unilaterally deducted from an employee's annual leave. This is because employees are not normally obligated to work on public holidays."},{"question":"Can a company give employees another day off instead of October 5?","answer":"Yes, if a written agreement to substitute the holiday is reached with the employee representative. If the holiday is validly substituted, October 5 may become a regular workday."},{"question":"If October 5 is a scheduled day off for a shift worker, do they get another day off?","answer":"Another holiday may not be added automatically. You should check whether the work schedule and collective agreement contain separate provisions guaranteeing one."},{"question":"Are National Foundation Day and a temporary public holiday the same system?","answer":"National Foundation Day is a statutory public holiday, and the substitute holiday rules apply to it. A temporary public holiday is a system under which the government separately designates a specific date."}],"sources":[{"url":"https://www.law.go.kr/법령/관공서의공휴일에관한규정","title":"Korea Law Information Center Regulations on Public Holidays for Government Offices","type":"source"},{"url":"https://www.law.go.kr/법령/근로기준법","title":"Korea Law Information Center Labor Standards Act","type":"source"},{"url":"https://www.law.go.kr/법령/근로기준법시행령","title":"Korea Law Information Center Enforcement Decree of the Labor Standards Act","type":"source"}],"images":[{"id":1085,"url":"https://onbinder.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTUzMDMsInB1ciI6ImJsb2JfaWQifX0=--cd19ddffd4399be240c649d949da11e79bc3af8d/ai-a8a64afd.webp","is_representative":true,"generation_method":"ai_photo","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"카페에서 걱정스러운 표정의 직원과 일정표를 조정하는 남성","caption":"카페 직원들이 2026년 개천절 대체공휴일을 앞두고 근무 일정을 확인하고 있다.","description":null},"en":{"alt":"Concerned café worker as a man adjusts a schedule board","caption":"Café staff review work schedules ahead of the 2026 substitute holiday for National Foundation Day.","description":null},"ja":{"alt":"カフェで不安そうな店員と予定表を調整する男性","caption":"カフェのスタッフが2026年の開天節の振替休日を前に勤務予定を確認している。","description":null},"es":{"alt":"Empleada preocupada mientras un hombre ajusta el calendario de la cafetería","caption":"El personal revisa los turnos ante el festivo sustitutorio del Día de la Fundación Nacional de 2026.","description":null},"id":{"alt":"Pegawai kafe tampak cemas saat seorang pria mengatur papan jadwal","caption":"Staf kafe memeriksa jadwal kerja menjelang hari libur pengganti Hari Pendirian Nasional 2026.","description":null},"pt":{"alt":"Funcionária preocupada enquanto um homem ajusta o quadro de horários do café","caption":"A equipe confere os turnos antes do feriado compensatório do Dia da Fundação Nacional de 2026.","description":null},"zh-hant":{"alt":"咖啡店內神情憂慮的員工與調整排班表的男子","caption":"咖啡店員工在2026年開天節補假前確認工作班表。","description":null},"de":{"alt":"Besorgte Cafémitarbeiterin, während ein Mann den Dienstplan anpasst","caption":"Das Caféteam prüft die Schichten vor dem Ersatzfeiertag zum Staatsgründungstag 2026.","description":null}}},{"id":1086,"url":"https://onbinder.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6MTUzMDksInB1ciI6ImJsb2JfaWQifX0=--0b5256d3d8d0b5c8eb64225d0804711feb750871/ai-b7a8a947.webp","is_representative":false,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"달력과 관공서, 직장인, 서류, 보호 방패, 휴가 금지 표지를 담은 대체공휴일 안내 삽화","caption":"2026년 개천절 대체공휴일의 적용 기준과 근무 관련 절차를 상징적으로 보여준다.","description":null},"en":{"alt":"Calendar, government buildings, workers, documents, shield, coins, and a no-vacation sign","caption":"The illustration symbolizes the rules and workplace procedures for the 2026 National Foundation Day substitute holiday.","description":null},"ja":{"alt":"カレンダー、官公庁、働く人々、書類、盾、硬貨、休暇禁止標識を描いたイラスト","caption":"2026年の開天節の振替休日に関する適用基準と勤務手続きを象徴している。","description":null},"es":{"alt":"Calendario, edificios públicos, trabajadores, documentos, escudo, monedas y señal de no vacaciones","caption":"La ilustración representa las normas y los trámites laborales del festivo sustitutorio de 2026.","description":null},"id":{"alt":"Kalender, gedung pemerintah, pekerja, dokumen, perisai, koin, dan tanda larangan libur","caption":"Ilustrasi ini melambangkan aturan dan prosedur kerja untuk hari libur pengganti Gaecheonjeol 2026.","description":null},"pt":{"alt":"Calendário, prédios públicos, trabalhadores, documentos, escudo, moedas e sinal de férias proibidas","caption":"A ilustração representa as regras e os procedimentos laborais do feriado substitutivo de 2026.","description":null},"zh-hant":{"alt":"日曆、政府建築、上班族、文件、盾牌、硬幣與禁止休假標誌的插畫","caption":"插畫象徵2026年開天節補假適用標準與相關工作程序。","description":null},"de":{"alt":"Kalender, Behördengebäude, Beschäftigte, Dokumente, Schutzschild, Münzen und Urlaubsverbotsschild","caption":"Die Illustration veranschaulicht Regeln und Arbeitsabläufe zum Ersatzfeiertag 2026.","description":null}}}],"published_at":"2026-09-06T04:33:29+09:00","updated_at":"2026-09-06T04:33:29+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/2026-national-foundation-day-substitute-holiday-rules"}