

Q
Can I file a severance pay civil lawsuit against my former employer?
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The company struggled a lot during COVID-19 and ultimately couldn't recover and went bankrupt recently. Even though I worked diligently for about 3 years, the boss isn't paying my severance. I've asked the boss for severance several times but was rejected and ignored. I want to report unpaid severance to the Ministry of Employment and Labor — please tell me how to proceed with a severance pay civil lawsuit.
severance pay claim right
severance pay civil lawsuit
Answer to Related Inquiry
Author: 고병준
It is very unfortunate to hear that you did not receive severance pay from a workplace where you worked diligently.
If severance pay has not been paid, you can file a non-payment of severance pay report with the labor office to request administrative processing, or you can claim it directly in court through a separate severance pay civil lawsuit.
Although a severance pay civil lawsuit can be conducted by an individual, the legally recognized severance pay calculation, preparation of evidence, and litigation procedure can be complicated and difficult, which may work disadvantageously.
After preparing sufficient materials proving employment contracts, attendance records, pay stubs, retirement date and tenure period, etc., it is advantageous to receive assistance from an attorney experienced in labor cases if possible.
In addition, since the right to claim severance pay must be exercised within 3 years from the date of retirement, you must take action quickly before the statute of limitations expires.
In particular, even when the company has gone bankrupt, whether the representative director can be held personally liable can be an issue, so careful legal review is necessary.
Please take action quickly and recover your legitimate rights.
It is advantageous to prepare sufficient materials proving employment contracts, pay stubs, retirement dates, etc., and if possible, to receive assistance from an attorney.
I wish you a quick recovery of your rights.

노동·산재Attorney
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