Unpaid wages in Korea: what to do

Anyone who works in Korea has the right to be paid, whatever their nationality or visa status. If you were not paid on the promised day, or got only part of your pay, do not just put up with it. Prepare in the order below.

What counts as unpaid wages?

Under Article 43 of the Labor Standards Act, wages must be paid in money, directly to the worker, in full, at least once a month on a fixed date. If any of this is not kept, it is unpaid wages (임금체불).

• Your employer does not pay on payday, or keeps delaying it
• Only part of your pay is paid (for example, a promised allowance is left out)
• You are paid in goods or gift vouchers instead of money
• Your pay is given to someone other than you
• Remaining wages or severance pay are not paid within 14 days after you leave (the date can be extended if both sides agree)

An employer who does not pay wages properly can face up to 3 years in prison or a fine of up to ₩30 million (Labor Standards Act, Article 109). If money owed to a worker who has left is still unpaid after 14 days, delay interest of 20% a year is added (Article 37).

Collect evidence first

• Employment contract: it shows your pay, working hours and payday. If you never got one, ask your employer for it.
• Payslips and bank deposit records: they show how much you were actually paid.
• Records of your working hours: screens from a clock-in app, work schedules, transport card records, photos showing the date, and so on
• Text and messenger chats: messages where the boss gave you work or promised to pay
• Company details: the company name and address, the boss’s name and phone number
• Phone numbers of co-workers (in case witnesses are needed)

File a petition with the labour office

1. 1

   Ask your employer first

   If you can, ask for your pay in a way that leaves a record, such as a text message. The employer’s reply is also evidence.

2. 2

   Get advice

   You can call the Ministry of Employment and Labor customer centre at 1350. Foreign workers can get advice in several languages from the Foreign Workforce Counseling Center at 1577-0071.

3. 3

   File the petition

   Visit the regional employment and labor office (지방고용노동청 or 지청) that covers your workplace, or file online on the Ministry’s labour portal (labor.moel.go.kr).

4. 4

   Attend the investigation

   A labour inspector listens to you and your employer and checks the unpaid amount. When you are contacted, go with your evidence.

5. 5

   Get a confirmation of unpaid wages

   If unpaid wages are confirmed, you can get a confirmation document (체불 임금등·사업주 확인서). You need it to apply for a substitute payment.

If your employer still does not pay: substitute payment

When an employer does not pay wages, the Korea Workers’ Compensation & Welfare Service (COMWEL, 근로복지공단) can pay part of the unpaid wages first, in place of the employer. This is called a substitute payment (대지급금). You apply to COMWEL after the labour office confirms the unpaid wages (체불 임금등·사업주 확인서).

Time limit: claim within 3 years

The right to claim wages ends after 3 years (Labor Standards Act, Article 49). The same 3 years apply to severance pay. Do not wait too long. File a petition early.

Foreign workers are protected the same way

• The Labor Standards Act applies to workers in Korea, whatever their nationality.
• According to the reasoning of Supreme Court rulings, foreign workers without a visa, or whose visa has expired, are still protected as workers under the Labor Standards Act. They can claim wages and severance pay.
• A wage petition can be filed separately from any immigration issue. If you are worried about your stay, get advice before you file.
• If you plan to leave Korea, file a petition or get advice before you go. After you leave, it can be hard to attend the investigation.