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Key Employment and Labor Law Amendments for Second Half of 2026

2026.10.19

Below are the key amendments to Korean employment and labor laws that will take effect in late 2026 and throughout 2027.

The amendments are primarily aimed at expanding protection for pregnancy, childbirth and childcare, while also introducing important changes relating to statutory rest breaks, annual paid leave and employer liability for wage-related violations. Given the breadth of these amendments, employers should proactively review their existing HR framework and, where necessary, amend their Rules of Employment and update related workplace policies, procedures and administrative practices in advance to ensure that the new requirements can be effectively implemented by their respective effective dates.
 

1.

Amendments to Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”)
 

A.

New Short-Term Childcare Leave (Effective August 20, 2026): Employees may take childcare leave for one or two weeks a year to meet short-term care needs—such as temporary school or childcare facility closures, school holidays or a child’s illness. The period counts against the total childcare leave entitlement but not against the limit on the number of permitted installments.
 

B.

Expanded Spousal Childbirth Leave and Renaming (Effective September 18, 2026): “Spousal Childbirth Leave,” previously usable only within 120 days after childbirth, may be taken from as early as 50 days before the expected due date, and is renamed “Spousal Pre- and Post-Childbirth Leave.”
 

C.

New Spousal Miscarriage and Stillbirth Leave (Effective September 18, 2026): Male employees whose spouse experiences a miscarriage or stillbirth are entitled to up to five days of leave (the first three days paid), which must be requested within 20 days from the date of the miscarriage or stillbirth.
 

D.

Expanded Childcare Leave for Male Employees Caring for Pregnant Spouses (Effective September 18, 2026): Male employees may take childcare leave before their pregnant spouse gives birth if the spouse is at risk of a miscarriage or premature birth. Such leave counts against the total entitlement but not the installment limit.
 

E.

Narrowed Grounds for Refusing Reduced Working Hours During Childcare Period (Effective September 18, 2026): Employers may no longer refuse an employee’s request for reduced working hours during childcare solely on the ground that they are unable to hire replacement personnel.
 

F.

Expanded Paid Leave for Infertility Treatment (Effective November 27, 2026): Of the six days of infertility treatment leave permitted per year, the paid portion increases from the first two days to the first four days.
 

G.

Corporate Representatives Covered by Sexual-Harassment Prohibitions and Wider Penalties (Effective November 27, 2026): Corporate representatives are expressly prohibited from committing workplace sexual harassment. Further, corporate representatives, as well as supervisors or employees who are relatives of the employer or the corporate representative, face the same administrative fines as employers if they commit workplace sexual harassment.
 

2.

Amendments to Employee Retirement Benefit Security Act (“ERBSA”) and Labor Standards Act (“LSA”)
 

A.

Increased Penalties for Failure to Pay Retirement Benefits (Effective September 18, 2026): The maximum criminal penalty for failure to pay retirement benefits increases to imprisonment for up to five years or a fine of up to KRW 50 million (from imprisonment for up to three years or a fine of up to KRW 30 million).
 

B.

Increased Penalties for Failure to Pay Wages (Effective October 8, 2026): The maximum criminal penalty for failure to pay wages increases to imprisonment for up to five years or a fine of up to KRW 50 million (from imprisonment for up to three years or a fine of up to KRW 30 million).
 

C.

New Exception to Mandatory Rest Breaks for Four-Hour Work (Effective December 10, 2026): When employees who work four hours a day expressly request to forgo their mandatory 30-minute break, the employer may waive the otherwise mandatory break.
 

D.

Statutory Recognition of Partial-Day Annual Paid Leave (Effective June 10, 2027): The amended LSA codifies a statutory basis for taking annual paid leave in smaller increments. Further, the draft Enforcement Decree published on July 13, 2026, specifies that employees may take up to five days of paid leave per year in half-day increments (typically four hours each), allowing a maximum of ten half-day leave periods annually.
 

E.

Prohibition of Adverse Treatment for Using Annual Leave and New Penalty (Effective June 10, 2027): Employers are expressly prohibited from dismissing or otherwise subjecting employees to adverse treatment because they request or use annual paid leave, and the violation of such prohibition is subject to a fine of up to KRW 5 million.
 

Collectively, these amendments broaden statutory leave and reduced-hours entitlements, and restrict how employers manage rest breaks and annual leave. They also increase employer liability for wage and retirement-benefit arrears, as well as for adverse treatment relating to annual leave. Employers should review and, where necessary, revise their Rules of Employment, HR policies, and time-and-attendance systems to align with the new requirements.

Because the effective dates fall in stages between August 2026 and June 2027, a phased implementation plan is advisable. In particular, changes that require amending the Rules of Employment should be prepared early, taking into account the time needed for procedures such as obtaining comments from employee representatives.

 

[Korean Version]

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