Unpaid Wages in Korea: Complete Guide for Foreign Workers – From Filing a Complaint to Resolution

Unpaid Wages (임금체불): What Should You Do?

If your payday has passed and your salary has not arrived, or if you have not received your final wages after leaving a job, this is a clear case of unpaid wages (임금체불). Article 36 of the Labor Standards Act (근로기준법 제36조) requires employers to pay a worker's wages within 14 days of the date of retirement. Violation of this rule can result in imprisonment of up to 3 years or a fine of up to 30 million won under Article 109 of the Labor Standards Act (근로기준법 제109조).

Note for foreign workers: Your employment contract may specify different payment dates or conditions, but the statutory 14-day rule sets the minimum legal standard.

Step 1: Gather Evidence First

Before filing a complaint, the most important thing is collecting evidence. Prepare the following materials in advance.

Employment contract (근로계약서): Document specifying the agreed wage and payment date
Pay stub or bank transaction records: Confirmation of whether payment was actually made
KakaoTalk or text messages: Any messages in which the employer promised payment or acknowledged the delay
Attendance records: Materials proving the fact of work (entry/exit logs, work emails, etc.)

Even without a written contract, a complaint can still be filed if the fact of actual work can be proven.

Step 2: File a Complaint (진정) with the Ministry of Employment and Labor

Once you have gathered evidence, you can file a complaint (진정) with a regional office of the Ministry of Employment and Labor (고용노동부 지방관서). There are three ways to do this:

Online: Visit the Ministry of Employment and Labor Civil Affairs Portal (minwon.moel.go.kr) → Select 'Unpaid Wages Complaint (임금체불 진정)'
In person: Visit the Regional Employment and Labor Office (지방고용노동청) with jurisdiction over the workplace
By mail: Complete a written complaint and mail it to the relevant office

Once the complaint is received, a labor inspector (근로감독관) will conduct a factual investigation and issue a corrective order to the employer. If the employer fails to comply, the case is referred to the prosecutor's office and criminal proceedings follow.

Step 3: Use the Substitute Payment (대지급금) System

If the employer has gone bankrupt or is unable to pay, you can use the Substitute Payment (대지급금) system. Under the Wage Claim Guarantee Act (임금채권보장법), the Korea Workers' Compensation and Welfare Service (근로복지공단) pays a portion of the unpaid wages on behalf of the employer.

Insolvency substitute payment (도산대지급금): Available when a court has issued a bankruptcy or rehabilitation decision
Simplified substitute payment (간이대지급금): Can be applied for using only a Ministry of Employment and Labor confirmation document, without a court judgment (subject to an upper limit)

The deadlines for the simplified substitute payment (간이대지급금) run in two steps: first start the procedure — a lawsuit within 2 years of the day after leaving the job, or a complaint (진정) within 1 year — and then claim within 1 year of the final court decision or within 6 months of the first issuance of the wage-arrears confirmation document (체불 임금등·사업주 확인서). The insolvency substitute payment (도산대지급금) runs on a different clock: the claim must be made within 2 years of the bankruptcy decision or the recognition of de facto insolvency (임금채권보장법 시행령 제9조).

Step 4: Civil Lawsuit or Payment Order

Separately from the criminal complaint, you can also recover wages directly through civil procedures (민사 절차). For small claims (30 million won or less), you can obtain an enforceable title relatively quickly by applying for a payment order (지급명령). It is also possible to subsequently apply for compulsory execution against the employer's assets.

You Can Also Claim Delay Interest

If wages are not paid within 14 days after retirement, the employer must additionally bear delay interest at an annual rate of 20% under Article 37 of the Labor Standards Act (근로기준법 제37조). In cases of unpaid wages during employment, the 20% annual delay interest also applies under Article 37(1)2 of the Labor Standards Act (근로기준법 제37조 제1항 제2호) as amended, in force from 23 October 2025, once the regular payday has passed — for payment events arising after that date; earlier arrears follow the statutory rate — 5% per annum under Article 379 of the Civil Act (민법 제379조), or 6% under Article 54 of the Commercial Act (상법 제54조) where the employer is a merchant such as a company.

Get Started Quickly with Workbear

If you want to calculate exactly how much in unpaid wages you are owed, check your expected amount first with the Workbear salary calculator at workbear.kr. You can also use Workbear's AI complaint drafting assistant to easily prepare a draft complaint for submission to the Ministry of Employment and Labor. From organizing evidence to drafting complaint documents, Workbear is here to help.

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