I want to file a report of unpaid severance pay. How should I do it?

Hello. I am an attorney with experience handling severance pay civil lawsuit cases.

Under current law, it is specified that severance pay must be paid when a worker who meets all the conditions leaves the company.

If you worked hard but cannot get your severance pay back, one method is to file a report of unpaid severance pay through a petition to the Ministry of Employment and Labor.

If you still cannot recover your rights, you must assert your rights through a severance pay civil lawsuit.

Under the Employee Retirement Benefit Security Act, severance pay is paid when a worker who has worked continuously for one year or more retires, and the employer must pay, for each year of continuous service, an average wage of 30 days or more as severance pay.

In the case of a worker's death or retirement, money and valuables such as wages, compensation, and severance pay must be paid within 14 days from the day the grounds for paying severance pay are clearly determined, but the payment date can be extended by agreement between labor and management.

A report of unpaid severance pay can be filed where the employer, without consulting the worker, does not pay severance pay within 14 days, in which case a delay interest of 20% per year is borne.

Where severance pay is not paid, one may be subject to imprisonment for up to 3 years or a fine of up to 30 million won.