Unpaid Wages in Korea: A Step-by-Step Guide for Foreign Workers

Unpaid wages (임금체불) in Korea are not just civil matters—they're criminal offenses. This includes unpaid salaries, overtime pay, severance pay (퇴직금), weekly holiday allowances (주휴수당), and annual leave pay (연차수당). Here's how to respond step by step.

Important Note: Foreign workers in international schools, foreign companies, or embassies may have different contract terms than Korean labor law minimums. Always check your specific employment contract.

Step 1: Gather Evidence

Collect crucial documents: employment contract, pay stubs, bank statements, and attendance records. If you lack a formal contract, gather work-related messages, emails, or photos proving your employment relationship.

When requesting payment from your employer, always use written communication (text, email) that creates a record. Their promises to pay by specific dates become important evidence.

Step 2: File a Labor Office Complaint

Submit a complaint (진정서) to the local Ministry of Employment and Labor office where your workplace is located. You can file online at labor.moel.go.kr or visit in person. Request interpreter support—this is your right as a foreign worker.

A labor inspector will typically summon both parties within 7-10 days. Processing takes about 25 days (extendable). If wage theft is confirmed, your employer receives a correction order.

Step 3: Criminal Prosecution

If employers ignore correction orders, cases are forwarded to prosecutors. Penalties include up to 3 years imprisonment or 30 million won fines. Repeat offenders may be publicly named.

Step 4: Civil Lawsuit

For amounts under 30 million won, use small claims court (소액사건심판) for faster processing. With a wage confirmation document from labor inspectors, you may qualify for free legal aid through the Korea Legal Aid Corporation if your average monthly wage was under 4 million won.

While Still Employed

You can file complaints while still working. If concerned about retaliation, use the anonymous reporting system on the labor portal.

Key Tip: Many foreign workers' contracts provide different terms than Korean legal minimums. Focus on what your contract specifically promises, not just statutory requirements.

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