[The Power = Reporter Yoo Yeon-soo] As the recent economic downturn continues for a long time and many employers are having difficulty maintaining their businesses, there are increasing cases of workers not receiving proper wages or even being fired. As a result, legal disputes between employers and workers over issues such as unpaid wages and severance pay are increasing.
Wages are a means of protecting the minimum right to survival necessary to live in modern society, including monthly utility bills, savings, and living expenses. Therefore, the issue of wage receipt and increase negotiation is bound to be the most sensitive issue for workers.
Nevertheless, in reality, payment of wages may be delayed or only a portion of wages may be paid due to worsening company management. In addition, there are many cases where severance pay is not paid on time or wages are paid below the minimum wage.
When non-payment of wages does not follow the principles of wage payment according to the Labor Standards Act, workers can first submit a petition for non-payment of wages to the labor office with jurisdiction over the place of business and request a labor supervisor's decision. If overdue wages are confirmed through an investigation of the parties and the facts, the labor inspector can urge the employer to pay the overdue wages, and at this time, the issue of overdue wages can be adjusted through agreement.
However, if the employer continues to fail to pay wages despite the labor inspector's request for payment, the employer may be sued for violating the law. At this time, the labor inspector issues a certificate of unpaid wages and helps the worker file a civil lawsuit.
If an employer fails to pay wages, criminal punishment will be imposed. The punishment for non-payment of wages is imprisonment for up to 3 years or a fine not exceeding 30 million won, and if the minimum wage law is violated, the punishment is imprisonment for not more than 3 years or a fine not exceeding 20 million won.
In addition, if a person is found guilty more than twice for non-payment of wages, etc., or if the total amount of unpaid wages is more than 30 million won, the list will be disclosed as a workplace with non-payment of wages, which will result in a significant disadvantage in maintaining the business and managing the business owner's credit.
Kim Gwang-deok, a lawyer at Daeryun Law Firm (Liuhan), advised, "Wage arrears are not a problem that can be resolved by both employers and workers just holding on. If a legal dispute arises, you should seek advice from a labor lawyer and prepare a response to resolve the matter amicably."
View full article - Legal action must be taken in the event of labor disputes, such as overdue wages and severance pay.
