Mitra KoreaIf You Are Sick and Miss a Day, What Happens to Your Pay? The Rule Is Only That Day's Pay Is Taken Out. A '100,000원 Fine' Is Illegal
Korean law has no paid sick leave. If you miss work because you are sick, the rule is that only that day's pay is taken out. Taking out more than that, like a 'fine', is illegal. If you use annual leave, your monthly pay does not go down. If you got hurt or sick because of work, you get industrial accident leave benefits (휴업급여).
Quick summary
- The Korean Labor Standards Act (근로기준법) has no rule for paid sick leave. If your company rules or contract give sick leave, that applies. If not, the rule is that a day you miss because you are sick is unpaid.
- Unpaid means only that one day's pay is taken out. If your daily pay is 82,560원, then 82,560원 is taken out. Taking out more than that, like an "absence fine of 100,000원", is illegal.
- If you ask the company to count the missed day as annual leave (연차), your monthly pay does not go down. The company cannot count it as annual leave on its own without your agreement.
- In a week when you miss a day because you are sick, you may not get weekly holiday pay (주휴수당) for that week (because you did not work every scheduled day). If you use annual leave, it counts as a day you worked.
- If you got hurt at work or got sick because of your work, it is not unpaid. You get the industrial accident (산재) leave benefit, 휴업급여 (70% of your average wage).
- At a company with 5 or more workers, being sick for one day is usually not a fair reason to fire you, even if the company says it will.
When does this apply to you?
- You missed one day because of a cold, an upset stomach or a toothache, and 100,000원 or more was taken out of your monthly pay
- The company told you before, "If you miss work, you pay a fine"
- You were sick and stayed home, and the company used up your annual leave without your agreement
- You were away for half a day to go to the hospital, and the company took out a full day's pay
- You were told, "If you stay home sick, you will be fired"
The rule: how much can be taken out?
Monthly pay (2,156,880원 a month, based on 209 hours)
- The deduction for one missed day is usually 8 scheduled work hours a day × hourly wage. At the 2026 minimum hourly wage, this is 82,560원.
- Because you did not work every scheduled day that week, the company can also take out one day of weekly holiday pay (8 hours). If the company takes out this too, up to 165,120원 can be taken out. This looks like a lot, but it is the limit the law allows.
- The company cannot take out more than that. Things like a "100,000원 fine" or "miss 1 day, lose 3 days' pay" have no basis in law.
Hourly pay or daily pay
- You get no pay for a day you did not work. You may also not get weekly holiday pay for that week. Any other money taken out on top of this is illegal.
If you were away for only half a day
- Leaving early (조퇴) or going out during work (외출) still counts as coming to work. Only the hours you were away are taken out. You still worked every day that week, so you still get weekly holiday pay.
Why a "fine deduction" is illegal
Article 43 of the Labor Standards Act says wages must be paid in full. Money with no basis in law or a collective agreement (an agreement between a union and the company) cannot be taken out of your pay. Article 20 forbids setting fines in advance, such as "10,000원 if you are late, 100,000원 if you are absent." Even if this is written in your contract or company rules and you signed it, it has no legal effect. See It is illegal to take late fines, uniform costs or payment for defects out of your pay.
If it counts as annual leave, your pay does not go down
- If you have worked less than 1 year, you get 1 day of annual leave for each full month you work every day. If you have worked 1 year or more, you get 15 days (at workplaces with 5 or more regular workers). A day of annual leave is paid and counts as a day you worked.
- The rule is that annual leave is used on the day the worker wants. You can ask for a day you missed because you were sick to count as annual leave. Make the request by text message so there is a record. "○월 ○일 결근은 연차로 처리해 주세요(yeoncharo cheorihae juseyo)." (Please count my absence on [month] [day] as annual leave.)
- On the other hand, the company cannot, without your agreement, count a day you missed as annual leave, or change a day it sent you home because there was no work into annual leave. See If the time you were sent home for no work was counted as leaving early or annual leave.
- If you have no annual leave left, the day counts as an unpaid absence. See How many days of annual leave do you get?.
- Annual leave rules do not apply at companies with fewer than 5 workers. But fine-style deductions are still illegal there.
If you are sick because of work: industrial accident (산재)
If you were hurt by a machine, hurt your back lifting something heavy, or got sick because of your work environment, it is an industrial accident (산재), not an unpaid absence. For the time you cannot work because of treatment, 근로복지공단 (Korea Workers' Compensation and Welfare Service) pays a leave benefit, 휴업급여 (70% of your average wage). Even if the company says, "Let's just make one day off unpaid," tell the hospital "I got hurt at work" and have it handled as an industrial accident. See Applying for industrial accident benefits when you get hurt at work and Accidents on the way to and from work are also industrial accidents.
Steps: what to do on the morning you are sick
- Contact the company before work starts. If you just do not come without telling anyone, it is an unauthorized absence (무단결근). Send a text message so there is a record. "아파서 오늘 출근 못 합니다. 병원 갔다가 진단서(또는 소견서) 보내겠습니다. (apaseo oneul chulgeun mot hamnida.)" (I am sick and cannot come to work today. I will go to the hospital and send a medical certificate (or doctor's note).)
- Go to the hospital. Get a 진료확인서 (record of treatment) or 진단서 (medical certificate). For a one-day absence, a 진료확인서 is often enough. See How to get a medical certificate and How to go to a hospital.
- Send a photo of the document to the company. This leaves a record.
- Decide whether to use annual leave. If you have annual leave left, ask for the day to count as annual leave. You can also leave it as unpaid. It is your choice.
- Check your 급여명세서 (pay slip) next month. If the amount taken out is more than one day's pay (+ one day of weekly holiday pay), ask for the difference by text message.
- If the company does not pay it back, file a complaint for unpaid wages (임금체불 진정). See How to report unpaid wages.
What to prepare
- The text message you sent about your absence (a screenshot showing the date and time)
- Photos of the 진료확인서, 진단서 or medicine bag
- 급여명세서 (pay slip) showing the deductions
- 근로계약서 (employment contract) (check if it has rules on sick leave or annual leave)
- If there are company rules (취업규칙), the part about sick leave
Be careful
- Look at the amount, even if the word "fine" is not used. If more than one day's pay is taken out, it is an illegal deduction, whatever it is called.
- If you ask for annual leave and the company says "You have no annual leave", tell them that even workers with less than 1 year get 1 day each month (at companies with 5 or more workers). See Annual leave calculation.
- If the company says it will fire you for being sick often, a company with 5 or more workers needs a fair reason. One sick day is usually not a fair reason. Record it or keep it in text messages, and call 1577-0071 for advice. See Pay in lieu of dismissal notice.
- Do not buy or make a fake medical certificate. It is a crime, and it is also bad for your visa.
- If you are sick for a long time, the company may try to end your contract. If you cannot do this company's work but can do other work, think about changing workplaces for health reasons. See When you want to change companies because you are sick.
Frequently asked questions
Q. My company has 16 workers. They took out 100,000원 because I was sick for one day. Is that right? A. No. If you are paid monthly, the limit is that day's pay (82,560원 at minimum wage) plus one day of weekly holiday pay for that week. If the amount is bigger than that, it is an illegal deduction, whatever it is called. Also, because the company has 5 or more workers, you have annual leave. If you ask for annual leave, there should be no deduction at all.
Q. My contract says "100,000원 deducted for each absence," and I signed it. A. That kind of clause has no legal effect under Article 20 of the Labor Standards Act. Even if you signed it, it does not count.
Q. I was sick for 3 days. Are all of them unpaid? A. If the company has no paid sick leave rule, the rule is that they are unpaid. If you have annual leave left, ask for the days to count as annual leave. If the sickness was caused by your work, you can get the industrial accident leave benefit (휴업급여).
Q. I am paid monthly. I was sick for one day, and my pay that month went down by more than 200,000원. A. One day's pay 82,560원 + weekly holiday pay 82,560원 = 165,120원 is the legal limit (at minimum wage). If more was taken out, check the items on your 급여명세서 (pay slip) and ask for the difference.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| 고용노동부 (Ministry of Employment and Labor) Customer Counseling Center | 1350 | Checking if a deduction is correct, complaints about unpaid wages |
| 외국인력상담센터 (Foreign Workers Counseling Center) | 1577-0071 | Many languages including Nepali, 3-way calls, 365 days 09:00~18:00 (Saturdays and public holidays: staff on duty) |
| 근로복지공단 | 1588-0075 | Industrial accident and leave benefits (휴업급여) if you got hurt because of work |
| 대한법률구조공단 (Korea Legal Aid Corporation) | 132 | Free legal advice |