🚨 Parental Leave

Today Korean Social News for Beginners | 2025.09.15

0️⃣ System Exists but Hard to Use in Reality and Improvement Plans

📌 Reports of Denied Parental Leave Surge...Serious Violations at Small Businesses

💬 In the first half of this year, reports of denied parental leave reached 184 cases, already exceeding last year's total of 180 cases. Violations are particularly concentrated in small businesses with fewer than 10 employees, and reports of unfair treatment due to using parental leave also reached 63 cases. Even when law violations are confirmed, most punishments are just light fines, and actual prosecution cases are extremely rare, showing insufficient deterrent effects. While the system continues to improve, changing workplace attitudes and stronger law enforcement have become urgent tasks.

💡 Summary

• Parental leave is a legal right for workers to temporarily take time off work to raise their children.
• Reports of denied parental leave in the first half of this year reached 184 cases, exceeding last year's total.
• Small businesses have high violation rates, but actual punishment is insufficient.

1️⃣ Definition

Parental leave means a system that allows workers to temporarily stop working for a certain period to raise their children. During this period, the employment relationship is maintained, and workers can receive parental leave benefits.

According to the Gender Employment Equality and Work-Family Balance Support Act, employers cannot refuse workers' parental leave applications without justifiable reasons. This is a basic right for workers and a key system supporting work-life balance.

💡 Why is this important?

• It's a system that ensures healthy child growth and parental participation in childcare.
• It improves quality of life through work-life balance.
• It helps solve declining birth rates and prevents women's career interruption.
• It's an essential policy for sustainable development of society as a whole.

2️⃣ Current Status and Problems of Parental Leave System

📕 Content of Current Parental Leave System

• Parental leave application requirements and periods are set. Main contents are as follows:

  • Workers with children aged 8 or under, or up to 2nd grade elementary school can apply.
  • Must be enrolled in employment insurance with at least 180 days of coverage.
  • Can take up to 1 year of leave, and up to 1 year and 6 months when both parents use it together.
  • Parental leave can be used once per child.

• Parental leave benefit support is available. Main features are as follows:

  • From 2025, the parental leave benefit ceiling increased from 1.5 million won to 2 million won per month.
  • 80% of regular wages (ceiling 2 million won, minimum 700,000 won) is paid.
  • The previous deferred payment system was abolished, so workers can receive the full amount monthly.
  • Must return to work for at least 6 months after parental leave ends to keep the benefits received.

📕 Real Problems and Violation Status

• Reports of denied parental leave are rapidly increasing. Main status is as follows:

  • Reports of denied parental leave in the first half of this year reached 184 cases, exceeding last year's total (180 cases).
  • Violations are particularly concentrated in small businesses with fewer than 10 employees.
  • Reports of unfair treatment like promotion exclusion and work isolation due to using parental leave also reached 63 cases.
  • Male workers' parental leave usage rate is still relatively low.

• Punishment levels are insufficient, lacking effectiveness. Main problems are as follows:

  • Even when law violations are confirmed, most punishments are just light fines.
  • Among violation reports in the first half of this year, 20 cases were confirmed but only 2 were prosecuted.
  • Active enforcement is difficult due to insufficient conditions and will of labor inspectors.
  • Employers don't find legal punishment very burdensome, so violations are repeated.

💡 Main Problems of Parental Leave System

1. Small Business Concentration: High violation rates in workplaces with fewer than 10 employees
2. Insufficient Punishment: Light sanctions centered on fines
3. Lack of Awareness: Employers and workers lack understanding of the system
4. Avoiding Reports: Workers avoid reporting due to fear of unfair treatment
5. Supervision Limits: Lack of manpower and authority of labor inspectors

3️⃣ System Improvement Plans and Expected Effects

✅ Government's System Improvement Efforts

• Parental leave benefit support has been greatly expanded. Main improvements are as follows:

  • From 2025, parental leave benefit ceiling increased from 1.5 million won to 2 million won per month, a 500,000 won increase.
  • Abolished the previous deferred payment system so workers can receive the full amount monthly.
  • Extended the period when both parents can use parental leave simultaneously.
  • Encouraging male participation in parental leave through programs like daddy parental leave bonus.

• Legal sanctions strengthening and monitoring system improvement are being promoted. Main directions are as follows:

  • Considering ways to strengthen punishment levels for denying parental leave or unfair treatment.
  • Increasing supervision effectiveness through expanding labor inspector manpower and strengthening expertise.
  • Improving anonymous reporting systems to create an environment where workers can report without burden.
  • Strengthening education and promotion for employers to increase understanding of the system.

✅ Social Level Improvement Efforts

• Corporate culture improvement and awareness change are needed. Main tasks are as follows:

  • It's important to spread social awareness that using parental leave is a natural right.
  • Need to create positive culture for male childcare participation and eliminate prejudices.
  • Large companies should create model cases and spread them to small and medium enterprises.
  • It's important to develop programs that help workers adjust to work after returning from parental leave.

• Long-term policy effects are expected. Main expected effects are as follows:

  • Expected to contribute to increasing birth rates and alleviating low birth rate problems.
  • Women's career interruption prevention and continuous economic activity participation will increase.
  • Workers' quality of life will improve through work-life balance.
  • Gender equality culture can spread throughout society.
  • In the long term, it will also help companies improve productivity and secure excellent talent.

4️⃣ Related Terms Explanation

🔎 Gender Employment Equality and Work-Family Balance Support Act

• The Gender Employment Equality Act is a law that prohibits gender discrimination in the workplace and supports work-life balance.
  • The Gender Employment Equality and Work-Family Balance Support Act (Gender Employment Equality Act) is a law enacted to guarantee equal opportunities and treatment for men and women in employment, and to support maternity protection and work-life balance. It was enacted in 1987 and has been amended several times to reach its current form.
  • Main contents of this law include: first, prohibiting discrimination based on gender in recruitment, hiring, wages, promotion, etc. Second, it has provisions to prevent and punish sexual harassment in the workplace. Third, it prohibits unfavorable treatment due to pregnancy, childbirth, childcare, etc. Fourth, it regulates work-life balance support systems such as maternity leave, parental leave, and reduced working hours during childcare.
  • Regarding parental leave, Article 19 guarantees workers' right to apply for parental leave and principally prohibits employers from refusing. Violations result in fines or administrative fines of up to 5 million won, and criminal punishment is possible in malicious cases.

🔎 Employment Insurance Act

• The Employment Insurance Act is a law that regulates unemployment benefits and various employment stability programs.
  • The Employment Insurance Act is a law that regulates a social insurance system that provides benefits for living stability when workers become unemployed and implements programs to promote re-employment. Enacted in 1993, it serves as a core pillar of Korea's social security system.
  • Main programs of employment insurance include: first, supporting unemployed people's living stability through unemployment benefit payments. Second, employment stability programs providing employment adjustment subsidies, job transition support services, etc. Third, vocational ability development programs supporting workers' job training. Fourth, maternity protection programs providing maternity leave benefits, parental leave benefits, etc.
  • Parental leave benefits are paid based on Article 70 of the Employment Insurance Act, and workers with at least 180 days of insurance coverage who use parental leave can receive 80% of their regular wages. From 2025, the ceiling amount increased to 2 million won per month, increasing the actual income compensation effect.

🔎 Labor Inspector

• Labor inspectors are civil servants who supervise compliance with labor-related laws such as the Labor Standards Act.
  • Labor inspectors are Ministry of Employment and Labor officials who directly visit workplaces to check whether the Labor Standards Act, Occupational Safety and Health Act, Gender Employment Equality Act, etc. are being properly followed, and have the authority to order corrections or impose punishment for violations.
  • Main authorities of labor inspectors include: first, workplace entry and investigation rights to enter workplaces anytime and inspect books or documents. Second, correction order authority to command improvement within a certain period for law violations. Third, performing duties of judicial police officers to investigate violation cases and send them to prosecution. Fourth, administrative fine imposition authority to directly impose fines for minor violations.
  • Regarding parental leave, they have the authority to investigate and punish employers' parental leave refusal, unfair treatment, etc. However, in reality, active response to all violation cases is difficult due to manpower shortage and work overload.

5️⃣ Frequently Asked Questions (FAQ)

Q: What should I do if my employer refuses parental leave?

A: You can report to the labor office or Ministry of Employment and Labor to receive official measures.

• An employer refusing parental leave without justifiable reasons is a clear law violation. First, you can report to your local employment and labor office to receive investigation by labor inspectors. It's good to prepare evidence like parental leave application, refusal notice, related conversation content, etc. Second, you can receive phone consultation through the Ministry of Employment and Labor counseling center (dial 1350 without area code). Third, you can also apply for relief to the Labor Relations Commission demanding restoration and compensation. Fourth, if necessary, you can file a civil lawsuit with a lawyer's help.
• When reporting, anonymous reporting is possible, and unfair treatment due to reporting is separately prohibited. However, in small companies, it's easy to identify the reporter, so it's good to secure sufficient evidence in advance and seek expert advice.

Q: What should I do if I'm receiving unfair treatment after returning from parental leave?

A: Unfair treatment is a clear law violation, so you should immediately report and collect evidence.

• Unfair treatment due to using parental leave is explicitly prohibited by the Gender Employment Equality Act. First, if you received unfair treatment like promotion exclusion, work isolation, wage reduction, transfer, etc., immediately report to the employment and labor office. Second, collect as much evidence of unfair treatment as possible. Personnel orders, pay stubs, colleagues' statements, email or text content can all be evidence. Third, you can also try resolution through the company's grievance committee or labor union. Fourth, if the situation is serious, you can also report to the National Human Rights Commission or Ministry of Gender Equality and Family.
• If unfair treatment is proven, employers receive fines or administrative fines of up to 5 million won, and affected workers can demand compensation and restoration. Most importantly, quick reporting and evidence collection are crucial.

Q: Can I definitely receive parental leave even in small workplaces with fewer than 10 employees?

A: You have the right to receive parental leave in all workplaces regardless of the number of workers.

• Parental leave is a legal right that all workers have regardless of workplace size. First, the Gender Employment Equality Act applies to all workplaces without worker number restrictions. Even workplaces with fewer than 5 employees are not exceptions. Second, however, you must be enrolled in employment insurance to receive parental leave benefits, so you should first check employment insurance enrollment. Third, smaller workplaces are more likely to have employers who don't know the system well or refuse it, so it's good to inform and persuade them about related laws in advance. Fourth, if employers complain about business difficulties, you can inform them about government substitute workforce support systems or small business support policies.
• If you're refused parental leave at a small workplace, you should report more actively. This way, other workers won't suffer the same damage, and employers can also learn proper system operation.

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