If your employer has not paid your wages or severance, you can file a free complaint (진정) with the Ministry of Employment and Labor’s local office (지방고용노동관서). A labor inspector (근로감독관) investigates, and if the money is confirmed as owed, the government can advance part of it to you. The law protects every worker in Korea, whatever their nationality or visa.
Key facts
| Who can file | Any worker, including foreign and undocumented workers |
| Payment deadline | Wages and severance are due within 14 days after you leave (Labor Standards Act art. 36) |
| Where | Local labor office, or online at the labor complaints portal (labor.moel.go.kr) |
| Cost | Free |
| Time limit | Wage claims expire after 3 years |
| Penalty for employer | Up to 3 years in prison or ₩30 million fine; late interest of 20% a year |
| Help line | Ministry of Employment and Labor 1350 (interpretation available) |
What counts as unpaid wages
- Salary not paid on the regular payday. Wages must be paid in full, at least once a month, on a fixed date.
- Overtime, night and holiday premiums, or weekly holiday pay (주휴수당) left out. See minimum wage and weekly holiday pay and the hourly wage calculator.
- Pay below the minimum wage: ₩10,320 an hour in 2026.
- Unused annual leave not paid out when you leave. See the annual leave calculator.
- Severance (퇴직금) not paid within 14 days of leaving, after one year of work. See the severance calculator.
- Illegal deductions, such as “training fees” or damage costs taken from pay without a lawful basis.
Before you file: collect evidence
You do not need perfect evidence, but more is better:
- your employment contract and payslips,
- bank statements showing what was actually paid,
- records of your hours: schedules, photos of time cards, messages,
- messages where your employer admits the debt or promises to pay,
- names of coworkers who can confirm your work.
Write down your employer’s business name and address. The business registration number (사업자등록번호) helps the office find the employer.
How the complaint works
- File the complaint online or at the labor office covering your workplace. You can ask for an interpreter. Foreign workers can also get help from 1350, foreign worker support centers and the free legal services in Korea.
- The inspector calls both sides for interviews, separately or together. Bring your evidence. Many cases settle here because the employer pays once the inspector confirms the debt.
- Confirmation of unpaid wages. If the employer still does not pay, ask the office for a certificate of unpaid wages (체불 임금등·사업주 확인서). You need it for the substitute payment and for a free lawsuit.
- Criminal case. Unpaid wages are a crime. The inspector can send the case to prosecutors. Since October 2025, a habitual non-payer can be punished even if the worker later withdraws the complaint.
Getting paid when the employer won’t or can’t pay
Simplified substitute payment (간이대지급금). With the certificate from the labor office, you can apply to the Korea Workers’ Compensation and Welfare Service (근로복지공단) for an advance. As of October 2026 the caps are:
| Item | Cap |
|---|---|
| Wages, shutdown pay or maternity leave pay | ₩7 million |
| Severance | ₩7 million |
| Total | ₩10 million |
The state then recovers the money from the employer. If the company went bankrupt, a separate insolvency payment (도산대지급금) applies, with caps by age. From 20 August 2026 it covers the final 6 months of wages instead of 3.
Free lawsuit. The Korea Legal Aid Corporation (대한법률구조공단, 132) offers free lawsuits for unpaid wages to workers, including foreign residents, whose average monthly wage for the last 3 months was under ₩4 million.
Extra money you can claim.
- Late interest: 20% a year on wages and severance not paid within 14 days. Since October 2025 this also applies to workers still employed.
- Punitive damages: since 23 October 2025, a court can order an employer who refused to pay deliberately or habitually to pay up to 3 times the unpaid amount (art. 43-8). This needs a separate civil claim.
Ahmed left his job on 31 May. His last month's wage of ₩2.2 million and ₩2.4 million severance were due by 14 June but never came.
He files a complaint, the inspector confirms ₩4.6 million owed, and the employer still refuses. With the certificate, Ahmed claims the simplified payment: up to ₩7 million each for wages and severance, ₩10 million in total, so his full ₩4.6 million is covered.
Undocumented workers
You have the right to your wages even if you have no valid status. Since 6 November 2025, labor inspectors investigating unpaid wages are exempt from the duty to report undocumented people to immigration. That lowers, but does not remove, the risk. Talk to a support center or lawyer before filing if you are worried. See Overstays, Fines and Deportation.
Keep working records from day one: photograph your schedule and save every payslip. Wage cases are won on evidence of hours.
Common questions
Can I file after I leave Korea?
Yes, a claim stays valid for 3 years, and you can act through a representative. It is much easier while you are still in Korea.
My boss says severance was “included” in my salary. Is that legal?
Generally no. Severance is a separate payment due when you leave. See our severance guide.
Will filing affect my visa?
A complaint is your legal right. E-9 workers can usually change workplaces when wages are unpaid. Ask the job center (고용센터).
Do I need a lawyer or labor attorney to file?
No. Filing is free and you can do it yourself. A certified labor attorney (공인노무사) can help with complex cases, and free advice is available through the services in Free Legal Help for Foreigners.
Official sources
This guide explains the general rules as of the date above. Rules change and every case is different, so confirm with the office named here (or the 1345 Immigration Contact Center) before an important decision. Spotted something out of date? Tell us.