Unpaid Overtime Pay in Korea: How to File a Complaint – Steps, Evidence & Outcomes

How Much Overtime Pay Are You Legally Entitled To?

The official term for overtime pay is extended work allowance (연장근로수당). Article 56, Paragraph 1 of the Labor Standards Act (근로기준법 제56조 제1항) requires employers to pay at least 50% on top of the ordinary wage (통상임금) for any work exceeding the statutory working hours (8 hours per day, 40 hours per week). This provision applies to workplaces that regularly employ 5 or more workers.

For example, if a worker earning a monthly salary of 3,000,000 won has an hourly ordinary wage of 15,000 won, they must receive a minimum of 22,500 won for each hour of overtime. Failure to pay this constitutes unpaid wages (임금체불), and the employer may face criminal penalties under Article 109 of the Labor Standards Act (근로기준법 제109조) of up to 3 years of imprisonment or a fine of up to 30 million won.

Note: Your employment contract may provide more favorable terms than the statutory minimum — always check your contract first.

Evidence You Must Gather Before Filing

Before submitting a complaint to the Ministry of Employment and Labor (고용노동부), secure as much of the following evidence as possible.

Even if your evidence is limited, you can still file a complaint. Labor inspectors (근로감독관) have the authority to directly examine the employer's books and wage ledgers (Article 102 of the Labor Standards Act, 근로기준법 제102조).

Step-by-Step Filing Procedure

Step 1 – Send a Certified Letter (Optional)
Before filing, you may send the employer a certified letter (내용증명) requesting payment of the unpaid allowance. This helps establish your intent to claim in any subsequent dispute.

Step 2 – Submit a Complaint to the Ministry of Employment and Labor
File an unpaid wages complaint (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 (지방고용노동청) with jurisdiction over the workplace. Online filing requires a certified electronic certificate or simple authentication.

Step 3 – Labor Inspector Investigation
After the complaint is received, an assigned labor inspector will investigate the facts. The employer will be summoned to present wage ledgers and attendance records. This process typically takes several weeks to several months.

Step 4 – Outcome
If unpaid wages are confirmed, the employer will be issued a corrective order. If the employer fails to comply, the case is referred to the prosecutor's office for criminal proceedings. Separately, the worker may also file a civil lawsuit (민사소송) to claim the unpaid wages together with late-payment interest (20% per annum under Article 37 of the Labor Standards Act, 근로기준법 제37조).

Don't Miss the 3-Year Statute of Limitations

The statute of limitations for wage claims is 3 years (Article 49 of the Labor Standards Act, 근로기준법 제49조). The longer you wait after the overtime pay was due, the smaller the amount you can claim — so it is important to act as soon as you become aware of the problem.

Calculate Your Overtime Pay on Workbear

If you are unsure exactly how much overtime pay you are owed, use the salary take-home calculator on Workbear (workbear.kr) to easily calculate your extended work allowance based on your ordinary wage. You can also use the AI labor law search and complaint drafting assistant features to quickly prepare a draft complaint.

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

Frequently Asked Questions

How much extra should I receive for overtime work?

Under Article 56 of the Labor Standards Act 근로기준법 제56조 , any work exceeding the statutory working hours 8 hours per day, 40 hours per week must be compensated at 150% of the ordinary wage — that is, the ordinary wage plus a 50% premium. For example, if your hourly ordinary wage is 15,000 won, you must receive at least 22,500 won for each hour of overtime.

Can my employer retaliate against me for filing a complaint?

Article 104 of the Labor Standards Act 근로기준법 제104조 prohibits an employer from dismissing or otherwise disadvantaging a worker because the worker reported a legal violation. Violating this provision can result in criminal penalties of up to 2 years of imprisonment or a fine of up to 20 million won.

How long do I have to claim unpaid overtime pay?

The statute of limitations for wage claims is 3 years under Article 49 of the Labor Standards Act 근로기준법 제49조 . You must file a complaint or lawsuit within 3 years from the date the overtime pay was due in order to preserve your right to claim it.

Can workers at workplaces with fewer than 5 employees receive overtime pay?

Article 56 of the Labor Standards Act 근로기준법 제56조 , which mandates the 50% overtime premium, does not apply to workplaces that regularly employ fewer than 5 workers. However, if your employment contract or workplace rules explicitly provide for overtime pay, you may still claim it as a contractual right.