How to Report Unpaid Wages in Korea: Complete Guide for Foreign Workers

Don't Suffer in Silence — Report Unpaid Wages

If an employer fails to pay wages on the designated date, it constitutes a violation of Article 36 (settlement of money and valuables) (근로기준법 제36조) and Article 43 (payment of wages) (제43조) of the Labor Standards Act (근로기준법). Wages must be paid in full at least once a month on a fixed date during employment, and within 14 days after separation. Violations can result in imprisonment of up to 3 years or a fine of up to 30 million won (Article 109 of the Labor Standards Act (제109조)).

Note for foreign workers: Your employment contract may specify different payment dates or methods, but the statutory minimums above cannot be waived.

Documents to Prepare Before Filing

Before submitting a complaint (진정서) to the Labor Office (고용노동부 지청), gather as much of the following as possible.

You can still file even if documents are incomplete. The labor inspector (근로감독관) can obtain additional materials during the workplace investigation.

3 Ways to File a Complaint

1. Online Filing (Easiest)

Submit a wage-arrears complaint form (임금체불 진정서) through the Ministry of Employment and Labor's Civil Service Portal (민원마당, minwon.moel.go.kr). Submissions are accepted 24 hours a day, and you can track the status of your case online.

2. In-Person Filing

Visit the Regional Labor Office (고용노동부 지청) with jurisdiction over the employer's workplace and submit the complaint form in person. This option allows you to consult directly with the assigned labor inspector and is advantageous for complex cases.

3. Mail or Fax Filing

You may also complete the complaint form and send it to the relevant regional office by mail or fax.

Processing Procedure and Timeline

Once a complaint is received, the process generally proceeds as follows:

  1. Receipt and assignment to an inspector (within a few days of filing)
  2. Summons and investigation — both the worker and the employer are called in separately to verify the facts
  3. Correction order — the inspector orders the employer to pay the outstanding wages
  4. Criminal referral if unpaid — if the employer fails to pay within the deadline, the case is referred to the prosecutor's office

The statutory processing period is 25 days, but this may be extended depending on the complexity of the case. If the employer pays the wages during the investigation, the case is often closed as a settlement (합의 종결).

Civil Claims Can Be Filed Alongside the Labor Office Complaint

A Labor Office complaint is a criminal procedure. To directly recover unpaid wages, it is effective to simultaneously pursue a small claims trial (소액사건심판) (for amounts up to 30 million won) or a payment order (지급명령). In addition, once wage arrears are confirmed, you may also claim delay interest at an annual rate of 20% under Article 37 of the Labor Standards Act (근로기준법 제37조).

Want to Calculate Your Unpaid Wages Accurately?

Before filing, it is important to know exactly how much you are owed. You can use the annual take-home pay calculator on Bylaw (workbylaw.com) to quickly check your net pay after tax and four major insurance deductions. You can also use the AI search feature to ask questions about calculating unpaid wages for your specific situation, and the complaint drafting assistant to easily prepare documents for submission to the Labor Office.

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