Legal Intellectual
Daeryun specialist lawyers will answer your questions.
Q
I want to file a criminal complaint for unpaid wages. What evidence should I gather?
Views8,632
The company I recently left has not paid my salary for several months. At first, they said they would pay soon because they were in financial difficulty, but they keep putting it off. Now they barely even respond to my calls, so I intend to file a criminal complaint for unpaid wages. However, I did not separately keep my pay statements, and I have also lost the employment contract the company gave me. I would like to know whether a complaint is possible even in this case and what kinds of evidence can prove the unpaid wages.
Criminal complaint for unpaid wages
Answer to Related Inquiry
Author: 정찬우
A criminal complaint for unpaid wages is a procedure, based on Articles 36 and 43 of the Labor Standards Act, by which a worker holds the employer accountable through a criminal complaint where the employer has failed to pay wages on the set date.
However, it is not established by the complainant's assertion alone, and evidence is needed that can prove that an employment relationship actually existed and that wages were not paid.
The key factors that the court considers important are as follows.
① Whether there was an employment contract relationship between the worker and the employer
② Whether the worker actually provided work
③ Whether the wages for it were not paid on the set date
There is a variety of evidence that an ordinary person can prepare to prove these requirements.
First, you can prove the employment relationship with documents such as an employment contract, pay statements, records of enrollment in the four major insurances, and commuting records.
In addition, you should collect materials that can prove the nonpayment of wages, such as bankbook deposit records, messages in which the company promised payment and delayed it, recordings, and contracts.
In particular, even if you have lost the pay statements or the employment contract, those who have bank transaction records, the four major insurances, and proof of work can, in many cases, prove the unpaid wages with circumstantial evidence alone.
Ultimately, the key to a criminal complaint for unpaid wages is to gather as much evidence as possible to support the fact of providing labor and the fact of nonpayment of wages.
If you organize the materials from the early stages, this can work in your favor for both a complaint to the labor office and a criminal complaint.
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View more
SangSu JO
T. 070-5117-3709
Korean Bar Association IT and Personal Information Protection Legal Advisory Group Experience
Key Case Studies
View more- Evidence Collection
A Debtor's Assets, Evidence Gathered Through Lawful Means

- Winning the case (favorable judgment)
Prevailing in a Lawsuit Against the Adulterous Partner (Male) With the Assistance of a Busan Attorney

- Winning the case (favorable judgment)
With the Assistance of a Jeju Divorce Litigation Attorney, the Client Prevailed in the Appeal Regarding a Change in Child Support

Related Practice Areas
View moreConsult in other languages
Popular Columns
View moreLegal Effect of Call Recording Evidence, How to Submit It, and the Need for Expert Assistance

Application for Preservation of Evidence: Meaning, Requirements for Granting, and an Overview of the Procedure

CCTV Evidence: Methods of Securing It, Areas of Use, and Frequently Asked Questions

Requirements and Sentencing Standards for the Crime of Destroying Evidence

Elements of the Crime of Fabricating Evidence, the Standards for Punishment, and How to Respond

Do you have more questions?













