Is a report to the Ministry of Employment and Labor possible?

I will answer your question regarding a report to the Ministry of Employment and Labor.

If you have not been paid your severance pay on time, you can respond legally.

The employer must pay severance pay within 14 days from the date the worker leaves, and where there are special circumstances, the payment deadline can be extended by agreement with the worker.

Therefore, if you have not been paid your severance pay for over a month from the date of leaving, it is highly likely to constitute a violation of the law.

There are two methods for filing a report with the Ministry of Employment and Labor.

▶In-person filing: You can visit the regional employment and labor office with jurisdiction over the workplace in person to file a petition. (You can check the office with jurisdiction on the Ministry of Employment and Labor website → Civil Affairs Portal → Find a Regional Office/Center menu)

▶Online filing: On the Ministry of Employment and Labor website → Civil Affairs Portal → Civil Application → Form Application → after selecting the ‘Petition Report on Unpaid Wages,’ you can apply by signing up as a member or logging in with a joint certificate.

Once the petition is filed, a labor inspector summons the worker and the business owner to investigate the facts.

In this process, the business owner is required to submit relevant materials, and if unpaid severance pay is actually confirmed, a payment order is issued.

If the business owner does not comply with this, it can lead to criminal punishment proceedings.

However, the matter can become complex depending on the calculation of the severance pay, whether there was an agreement to extend the payment date, and how the business owner responds.

If, even after the labor office petition procedure, the business owner refuses to pay or the dispute continues, it is advisable to pursue legal procedures such as a wage lawsuit with the help of a specialized attorney.

At Daeryun Law LLC, labor consultants and attorneys belonging to the firm collaborate as one team to comprehensively support the entire process, from the labor office petition stage to court litigation procedures.

Therefore, if you wish to resolve your severance pay issue promptly and reliably, we recommend that you request a consultation with Daeryun, which has a system of collaboration between labor consultants and attorneys.