On the 15th, ahead of BTS (Bangtan Sonyeondan)’s comeback performance, tourists take photos in front of promotional displays installed on the steps of the Sejong Center in Jung-gu, Seoul.

In the run-up to BTS’s Gwanghwamun concert on the 21st, cases have been mounting of nearby workplaces forcing employees to take annual leave or notifying them of closures. Critics say a company’s blanket designation of annual leave for a particular day could be unlawful.

The civic group Workplace Bullying 119 said on the 18th that it had received a stream of consultations along the lines of: “Our company is near Gwanghwamun and, suddenly, a notice told all employees to take a half-day off on Friday afternoon. Can a company force us to use annual leave?” There are also cases of people who, despite having the concert day set as a working day under their contracts, were told not to come in.

Workplace Bullying 119 explained that, as a rule, the timing of annual leave is determined by the worker. Article 60 of the Labor Standards Act stipulates that annual leave is to be granted at the time requested by the worker, and timing may be changed only when there is a serious hindrance to business operations. Forcing annual leave solely for the company’s convenience is highly likely to violate the Labor Standards Act. Even at workplaces with fewer than five employees, where annual leave provisions do not apply, if work rules or employment contracts stipulate an annual leave system, it must be followed.

However, even if the company has made such a request, annual leave that has been applied for and approved at the worker’s discretion is difficult to withdraw unilaterally. Experts advise that if you do not intend to use annual leave, do not submit an application first, and clearly confirm the company’s instructions on whether you are to work. If, despite stating your intention, the company ignores it and deducts leave by force, you can file a complaint with the labor office. There are precedents in which employers were penalized for treating shutdown periods as annual leave.

When business is halted on the day of the concert and employees are told to stay home, whether shutdown allowances must be paid becomes the key issue. This is because, instead of paying ordinary wages, a shutdown allowance must be provided. Under Article 46 of the Labor Standards Act, if the shutdown is attributable to the employer, at least 70% of the average wage must be paid. If a business voluntarily suspends operations due to congestion or safety concerns arising from the concert, it may be deemed a management decision to suspend operations, triggering the obligation to pay the allowance.

In workplaces with fewer than five employees, or for freelancers, dependent contractors, and platform workers, application of the Labor Standards Act is limited or excluded. If contracts or work rules contain no relevant provisions, it is difficult to demand annual leave or shutdown allowances, prompting criticism that the more vulnerable the worker, the harder it is to receive institutional protection. Labor consultant Kim Ja-Yeon said, “If, amid a festive atmosphere, the open practice of forcing annual leave or shutdowns becomes commonplace, the meaning of the festival will be diminished,” adding, “Robust guarantees of workers’ right to rest are needed.”