연차유급휴가 활성화 방안 연구 ― 연차휴가 법정대체제를 중심으로 ―

The annual leave system is Labor Law that is in the further limelight in the so-called work-life balance era. South Korea introduced the paid annual leave system in 1953 when the Labor Standards Act was enacted and has enforced it since, but the utilization rate of the system has not over 50% yet. There have been efforts to promote the rate including the introduction of the semi-mandatory annual leave promotion system through the revision of the Labor Standards Act and the substitution of annual leave based on written agreement with the labor representative, but their results have not exceeded expectations. It is clarified that workers can have free access to annual leave in principle, but they are not allowed to take annual leave in reality rather than they will not take annual leave. The biggest reason is that the enforcement of annual leave has been left to private autonomy despite its mandatory introduced by law. The original nature of Labor Law is to intervene in private autonomy. Furthermore, the background of annual leave indicates that it is a system completed by the win by workers, acceptance by employers, and legislation by the state. That is, there is room for the state to intervene in the management of annual leave to fulfill its purport. The present study proposed to introduce a partial legal substitution system for annual leave for the state to determine substitutions for five annual leave days that are a third of basic 15 days. Based on the holiday substitution system currently in use by the Chinese government, this theory of legislation proposes that the combination of annual leave and holiday will allow workers to use nine straight holidays per year automatically and make it closer to the goal that is the complete use of annual leave.