Overtime Pay Not Received? How to File a Complaint and What You're Owed in Korea

How Much Overtime Pay Are You Legally Entitled To?

Overtime pay (야근수당) is not simply compensation for "working late." Article 56 of the Labor Standards Act (근로기준법 제56조) explicitly requires that a premium of 50% or more of ordinary wages (통상임금) be added for extended, night, and holiday work. This applies to all workplaces with 5 or more full-time employees.

• Extended work allowance (연장근로수당): Work exceeding 8 hours per day or 40 hours per week → 150% of ordinary wages
• Night work allowance (야간근로수당): Work between 10:00 p.m. and 6:00 a.m. → 150% of ordinary wages
• Holiday work allowance (휴일근로수당): Work on a statutory public holiday or agreed holiday → 150% for the first 8 hours, 200% for hours beyond 8

If work qualifies as both extended work and night work simultaneously, the premiums stack, entitling you to 200% of ordinary wages.

Note for foreign workers: Your employment contract may specify rates above these statutory minimums; the figures above are the legal floor.

Didn't Receive Overtime Pay? What to Prepare Before Filing

Before filing a complaint, secure your evidence first. The most important thing in a Labor Office investigation is documentation proving your actual working hours.

• Commute records (transit card logs, internal system logs)
• Work instruction messages via KakaoTalk or email
• Pay stubs or bank deposit records
• Employment contract

Capture screenshots or print these materials in advance. After resignation, access to internal systems may be cut off, so it is best to gather evidence while still employed.

Complaint Procedure: Petition → Investigation → Correction

Step 1 — File a Petition
Submit a wage-theft petition (임금체불 진정서) through the Ministry of Employment and Labor's civil petition portal (minwon.moel.go.kr) or by visiting the Regional Employment and Labor Office with jurisdiction over your workplace. Online submission is the most convenient option and is available 24 hours a day.

Step 2 — Labor Inspector Investigation
After submission, an assigned labor inspector (근로감독관) will investigate both the employer and the worker. Respond to any summons and submit the evidence you have prepared.

Step 3 — Correction Order or Criminal Referral
If the employer acknowledges the unpaid wages and pays them, the case is closed by agreement. If the employer refuses to pay, the case is referred to the prosecutor's office for potential punishment of up to 3 years of imprisonment or a fine of up to 30 million won under Article 109 of the Labor Standards Act (근로기준법 제109조).

You Can Also Claim Delay Interest

If overtime pay was not received on time, you can claim not only the principal amount but also delay interest at 20% per annum (Article 17 of the Enforcement Decree of the Labor Standards Act / 근로기준법 시행령 제17조). For workers who have resigned, interest accrues automatically if wages remain unpaid 14 days after the resignation date. For current employees, interest is calculated from the day after each missed wage payment date.

3-Year Statute of Limitations — Act Quickly

Wage claims are subject to a 3-year statute of limitations under Article 49 of the Labor Standards Act (근로기준법 제49조). Once 3 years have passed from your resignation date or the last wage payment date, legal recourse becomes practically impossible. If you are aware of unpaid wages, it is important to act as soon as possible.

If you want to calculate exactly how much overtime pay you are owed, use the salary take-home calculator at Workbear (workbear.kr). You can check extended, night, and holiday premiums directly based on your ordinary wages. If you are unsure how to write a petition, the AI petition drafting feature is also available.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.