Workers who have not received their wages can either request payment of overdue wages (complaint/진정) or demand that the employer be punished for violating the Labor Standards Act (accusation/고소).
What to Prepare
- Secure as Much Evidence as Possible Related to Unpaid Wages
- Evidence related to unpaid wages, severance pay, allowances, etc.
- Basic documents: Employment contract, payslips, bank statements for salary deposits (issued by the bank), certificate of enrollment in the 4 major social insurances (issued by the Government24 and the 4 Social Insurance Information System), wage arrears confirmation issued by the employer, and for construction workers, a daily wage statement.
- In the case of unpaid severance pay: Documents verifying the period of employment (e.g., certificate of enrollment in the 4 major social insurances), payslips for the last 3 months before resignation (gross amount before tax deduction), severance calculation statement issued by the employer, and for employees enrolled in a Defined Contribution (DC) pension plan, contribution payment records (issued by the pension provider).
- In the case of unpaid overtime, night work, or holiday allowances: Records that can confirm extended, night, or holiday work (e.g., attendance records).
- In the case of unpaid annual leave allowance: Records of annual leave accrued and used (e.g., annual leave logs, vacation requests).
- In the case of unpaid severance notice allowance: Termination notice or related communication, such as text messages or voice recordings.
- Evidence related to complaints other than unpaid wages:
- Employment contract, certificate of enrollment in the 4 major social insurances (issued by Government24 and the 4 Social Insurance Information Link Center), and other documents supporting the complaint.
※ Although a complaint can be filed without supporting documents, having more evidence can facilitate smoother case processing.
- Gather Information About the Employer (Respondent)
- Employer’s name, employer’s mobile phone number, company address based on the actual work location, company phone number, number of employees, etc.
How to apply
You can submit a wage arrears complaint online through the "Labor Portal" website or visit the Customer Support Center at the employment and labor office that has jurisdiction over the workplace after a prior consultation.
- Filing a complaint
- Online
- Click Unpaid Wage Complaint (임금체불 진정서)
- Click Apply (신청하기) and fill out the form
- Offline
- Visit the customer support center of the local Employment-Welfare Plus Centers where the business is located for preliminary consultation and to proceed with a complaint or accusation.
- If you are not fluent in Korean, seek help from someone who is proficient in the language.
Form:
Example of filled form:
- Withdrawing a complaint
- Navigate to My Page (마이페이지) - My Complaints (나의민원)
- Log in and click the Withdraw Complaint (진정 취하) button.
Withdrawal Form Example:
Processing procedure
- A labor inspector will summon both the complainant and the respondent and conduct an investigation.
- The processing period is 25 days (excluding Saturdays and public holidays), with the possibility of extension up to two times.
- If the complainant fails to appear more than twice, it is considered as a withdrawal of the complaint, and the case will be closed (a new complaint can be filed later).
- If a violation of the law, such as unpaid wages, is confirmed through the labor inspector's investigation, the employer is given a correction order. → If the violation is corrected, the case will be closed.
- If the employer does not comply with the correction order, a criminal investigation may be initiated, and the case can be referred to the prosecution.
- Employers who fail to pay wages can face up to 3 years in prison or a fine of up to 30 million KRW.
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