The Ministry of Labor issued the Lao-Dong-4-1030132632 Circular of December 22, 2014 (hereinafter, the "Circular") to point out that if an employee's spouse was in labor prior to December 13, 2014, if the leave period consisting a total of 15 days, including the day the spouse was in labor and the days before and after that day, was not over, the employee may take up to five days of paternity leave within the paternity leave period after December 13, 2014.

According to the Circular, Article 15, Paragraph 5 of the Law of Gender Equality in Employment as amended provides: "When the spouse of an employee is in labor, the employer shall grant paternity leave of five days." This paternity leave provision came into effect on December 13, 2014. When an employee's spouse was in labor before the effective date of the amendment to this law, if the leave period consisting of a total of 15 days, including the day the spouse was in labor and the days before and after that day, was not over as stipulated under Article 7 of the enforcement rules of this law, the employee may take up to five days of paternity leave during the above-mentioned paternity leave period pursuant to the amendment to this law after the effective date of the amendment based on the legislative objective of paternity leave to allay a woman's mental and physical stress before her labor when she is in dire need the company, help and care of the employee.