How to Report Unpaid Wages to the Labor Office in Korea – Complete Guide for Foreign Workers

Can You Report Unpaid Wages to the Labor Office?

If your salary has been delayed or you have not received your final paycheck after leaving a job, this is not merely a civil dispute — it is a criminal offense. 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 separation. Violation is punishable under Article 109 (제109조) of the same Act by up to 3 years' imprisonment or a fine of up to 30 million won. The same penalties apply to non-payment of wages during active employment.

Note for foreign workers: Your employment contract may specify payment terms, but the statutory 14-day rule is the legal minimum and cannot be waived by contract.

What to Check Before Filing a Complaint

Organizing the following information before submitting a complaint (진정서) to the Labor Office (고용노동부 지청) will speed up processing.

Calculate the amount owed – Itemize unpaid monthly salary, overtime/night/holiday allowances, annual leave allowance (연차수당), severance pay, etc.
Gather evidence – Collect your employment contract, pay stubs, bank deposit records, KakaoTalk messages, text messages, and any other materials confirming the agreed wage.
Confirm employer information – Note the employer's name, workplace address, and business registration number in advance.

3 Ways to File a Complaint

① Online via the Ministry of Employment and Labor Civil Service Portal

Submit a wage-arrears complaint (임금체불 진정서) online at the Ministry of Employment and Labor Civil Service Portal. Submissions are accepted 24 hours a day; a labor inspector (근로감독관) will be assigned after receipt.

② In-Person at the Competent Regional Labor Office

Visit the regional labor office with jurisdiction over the workplace location or your place of residence and submit the complaint form in person. Blank forms are available at the counter.

③ By Mail or Fax

Send the complaint form and supporting documents to the competent regional labor office by mail or fax.

Processing Procedure and Timeline

Once a complaint is received, a labor inspector begins a fact-finding investigation. The employer is ordered to appear or submit documents; statements from both parties are taken. If wage arrears are confirmed, the inspector issues a corrective order. If the employer pays within the correction deadline, the case is closed; if not, the case is referred to the prosecutor's office.

The target processing period is normally within 25 days of receipt, though this may vary depending on the complexity of the case.

Additional Ways to Recover Unpaid Wages Quickly

Wage Claim Guarantee (체당금) System: When an employer is insolvent or unable to pay, the Korea Workers' Compensation & Welfare Service (근로복지공단) pays wages and severance on the employer's behalf up to a set limit, under Article 7 of the Wage Claim Guarantee Act (임금채권보장법 제7조).
Small-Amount Wage Claim Guarantee (소액체당금): Regardless of insolvency, once a court judgment or Labor Relations Commission confirmation is obtained, up to 10 million won can be paid in advance.
Civil Lawsuit / Payment Order: If swift monetary recovery is the priority, pursuing civil proceedings in parallel is also effective.

Get Started with Bylaw

If you are unsure of the exact amount owed, use Bylaw's (workbylaw.com) salary take-home calculator to break down your monthly pay and allowances first. You can also use Bylaw's AI complaint drafting feature to quickly generate a draft complaint ready for submission to the Labor Office, significantly reducing your preparation time.

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