Unpaid Wages in Korea: Complete Guide to Filing a Complaint – Procedures, Documents & Timelines

Unpaid Wages (임금체불): When Can You File a Complaint?

Article 36 of the Labor Standards Act (근로기준법 제36조) requires employers to pay all wages, severance pay (퇴직금), and other monetary entitlements within 14 days of an employee's last working day. For workers still employed, the monthly designated payday is the reference point. If payment is not made by that deadline, the grounds for filing a complaint are immediately met. Waiting to see if the employer pays on their own can delay your ability to secure evidence, so it is advisable to take action from the day after the missed payday.

Where to File: The Ministry of Employment and Labor Complaint (고용노동부 진정)

The most common remedy for unpaid wages (임금체불) is to submit a written complaint (진정서) to a regional office of the Ministry of Employment and Labor (고용노동부 지방관서). You can file online 24 hours a day at the Ministry's civil petition portal (minwon.moel.go.kr), or visit your nearest Regional Employment and Labor Office (지방고용노동청·지청) in person.

Once the complaint is received, an assigned labor inspector (근로감독관) begins a fact-finding investigation and issues a corrective order to the employer. If the employer pays the outstanding wages within the correction period, the case is closed. If the employer fails to comply, they are subject to criminal punishment under Article 109 of the Labor Standards Act (근로기준법 제109조): imprisonment of up to 3 years or a fine of up to 30 million won.

Documents to Prepare

Gather as much of the following as possible before filing:

Even if your documentation is incomplete, you can still file. The labor inspector will request materials from the employer to verify the facts.

Note for foreign workers: Your employment contract may specify terms different from the statutory minimum. Always compare your contract against the legal standards above.

Processing Timeline and Follow-up Procedures

After a complaint is filed, the target processing time is generally within 25 days, but complex cases can take several months. If the employer ultimately refuses to pay and the case is referred to the prosecutor's office, it proceeds as a criminal matter.

If you wish to pursue civil recovery in parallel, you may use a small claims trial (소액사건심판) (for amounts up to 30 million won) or apply for a payment order (지급명령). Additionally, if the employer is insolvent or unable to pay, you may receive wages paid on your behalf by the Korea Workers' Compensation & Welfare Service (근로복지공단) through the wage claim guarantee (체당금) system under Article 7 of the Wage Claim Guarantee Act (임금채권보장법 제7조).

Key Points to Check Before Filing

  1. Statute of limitations: The statute of limitations on wage claims is 3 years under Article 49 of the Labor Standards Act (근로기준법 제49조). The longer you wait after leaving a job, the more of your claim may be time-barred — act promptly.
  2. Anonymous complaints not accepted: Complaints must be filed under your real name. Your identity is protected in principle.
  3. Retaliation is prohibited: If an employer dismisses or disadvantages you because you filed a complaint, they are subject to separate punishment under Article 104 of the Labor Standards Act (근로기준법 제104조).

Get Started Quickly with Bylaw (바이로)

If you want to first calculate exactly how much you are owed, use Bylaw (바이로) at workbylaw.com — its salary take-home calculator lets you check gross and net amounts. You can also use Bylaw's AI labor law search and complaint drafting assistant to significantly reduce the burden of preparing complex documents.

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