Did your paycheck fail to arrive on payday? Are you still waiting for severance pay more than a month after leaving your job?
Wage theft is illegal in Korea — but many victims simply give up because they do not know where to begin.
This guide walks you through the exact 6-step process to file a complaint and recover your unpaid wages, even without prior legal knowledge or a lawyer.
- What Counts as Unpaid Wages in Korea?
- How to Gather Evidence
- How to File a Complaint with the Labor Office
- What to Expect During the Labor Inspector Investigation
- Settlement vs. Correction Order — Which Is Better?
- When to Escalate to Criminal Charges
What Counts as Unpaid Wages?
Unpaid wages extend well beyond a missing monthly paycheck. Any of the following items that were not paid constitutes a wage violation.
| Type | Details |
|---|---|
| Base Salary | The monthly pay agreed upon in your employment contract |
| Overtime / Night / Holiday Pay | Required whenever extra hours are worked |
| Weekly Holiday Allowance | Applies when working 15 or more hours per week |
| Unused Annual Leave Pay | Compensation owed for unused vacation days |
| Severance Pay | Owed to any employee who worked for one year or more |
Gather Your Evidence
Before filing a complaint, collect as much documentation as possible. The stronger your evidence, the faster your case will be resolved.
- Employment contract
- Pay stubs or bank transfer records (KakaoPay and text notifications count)
- Attendance records (app screenshots, photos, CCTV footage)
- Text messages or KakaoTalk conversations related to wages or working hours
File a Complaint with the Labor Office
There are three ways to submit your complaint. Online submission is the fastest and most convenient.
- Online: Submit through Work24 (www.work24.go.kr) — available 24 hours a day
- In Person: Visit your nearest Regional Employment and Labor Office
- By Mail: Complete a written complaint form and send it by post
A complaint (진정) is an administrative process aimed at recovering your unpaid wages.
A criminal accusation (고소) is a criminal process aimed at punishing the employer.
In most cases, starting with a complaint is the right approach. If it fails to produce results, you can escalate to a criminal accusation.
The Labor Inspector Investigation
Within approximately two weeks of filing, a labor inspector will be assigned to your case and the investigation will begin.
The most important thing during the investigation is to remain calm and focused on facts rather than emotions.
- Stick to dates, amounts, and specific facts rather than making emotional statements.
- Present your prepared documentation clearly and methodically.
- If you are unsure of something, say so and offer to provide supporting materials afterward.
Settlement or Correction Order
After the investigation, your case will typically conclude in one of two ways.
You and the employer agree on a payment amount directly. Faster resolution, but may result in receiving less than the full amount owed.
The labor inspector officially orders the employer to pay. You can obtain an official wage arrears certificate as formal documentation.
Escalating to Criminal Charges
If the employer still refuses to pay after receiving a correction order, the case is referred to the prosecutor's office and criminal proceedings begin.
| Penalty Type | Maximum Penalty |
|---|---|
| Imprisonment | Up to 3 years |
| Fine | Up to 30,000,000 KRW (approx. USD 22,000) |
| Applicable Law | Korea Labor Standards Act |
At this stage, most employers choose to settle rather than face criminal prosecution. Reaching this step substantially increases your leverage.
Do Not Give Up on What You Are Owed
The moment you walk away, your employer wins. Follow these six steps in order and you can resolve most wage theft cases without a lawyer.
Which step are you currently stuck on? Leave a comment below and we will walk you through your next move.
