A court recently ruled in favor of an Incheon public bus operator's discipline of drivers who, demanding paid holiday leave, refused to work on public holidays, legal circles said Sunday.
The Incheon District Court found the bus operator’s actions lawful on April 9, in a lawsuit filed by three drivers seeking to nullify disciplinary measures imposed after they refused to work on public holidays. The plaintiffs had refused work on multiple public holidays in 2024 and 2025, including Christmas and Lunar New Year, which is one of Korea's largest holidays.
The drivers cited a 2021 amendment to the Labor Standards Act, which in Article 55-2 requires companies with more than 30 employees to guarantee paid days off on public holidays. They argued that the revised provision requires employers either to grant workers paid holidays or to establish a lawful substitute holiday system.
The court, however, said that the cited article is to ensure that ordinary workers can enjoy public holidays equally with government employees.
“While the Labor Standards Act allows work on holidays under certain conditions, it does not include a provision requiring employers to grant substitute holidays for work performed on public holidays,” it added. “Its purpose is not to guarantee a substitute day off for every public holiday worked.”
The court also found that there was a need to continue operating public buses on public holidays, considering the nature of the service. The company’s holiday allowances, additional wages paid for holiday work, were also considered.
“The drivers’ absences and arbitrary refusal to follow work instructions, despite being assigned to work under the bus schedule, constitute a violation of legitimate bus operation orders under the company’s rules of employment,” the court ruled.
Two sides clashed over differing views
The drivers in the trial emphasized the purpose of the amended Labor Standards Act. They said that the revised provision requires employers either to grant workers paid holidays or to establish a lawful substitute holiday system, an argument that was rejected in the ruling.
The drivers also argued that their request to designate public holidays as paid days off constituted a “justifiable reason to refuse holiday work” under the company’s collective agreement, meaning their absences should not be treated as unauthorized.
The company, which runs routes considered a semipublic service, denied such a request and issued a notice to employees in November 2024 stating that “bus crew members assigned under the bus schedule are required to work.”
“Future requests for paid leave on public holidays will not be approved,” it added. “Apply for annual leave if you are unable to work due to personal reasons.”
Each time the drivers refused to work, the company imposed disciplinary measures. This included a verbal warning and three suspensions from duty lasting two to three days, one month and six weeks, respectively, eventually leading to the drivers filing a lawsuit.
seungku99@heraldcorp.com
