Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

How do I file a report of unpaid wages?

It has been two months since I left my job at a small or medium-sized company, but I still have not received my last two months' wages and my severance pay. The company keeps repeating only that it will pay “next month.” In this case, if I file a report of unpaid wages, will I actually be able to receive my wages? I would also like to know where I should file the report and what the processing procedure is.

report of unpaid wages

Answer to Related Inquiry

Author: 고병준

The situation you described is a typical case of unpaid wages and constitutes a violation of the wage payment obligation under Article 43 of the 「Labor Standards Act」.

That is, when an employer fails to pay wages or severance pay, which are compensation for labor, on the designated payment date, the worker can obtain legal protection by filing a report of unpaid wages.

A report of unpaid wages can be filed by visiting the competent local labor office (the labor inspector's office) in person, or online through the Ministry of Employment and Labor website (Minwon Madang → wage arrears petition).

When filing, you must also submit documents that prove the employment relationship and the fact of nonpayment, such as the employment contract, pay statements, and bank account records.

Once the report is received, the labor inspector requests the company to appear, confirms the facts, and then issues a wage payment order or a corrective instruction.

If the employer fails to comply, they may be subject, under Article 109 of the「Labor Standards Act」, to imprisonment for up to three years or a fine not exceeding 30 million won.

Meanwhile, in order to recover unpaid wages promptly, a worker may also exercise their rights directly through civil procedures (a payment order, a civil lawsuit) or an application for provisional attachment.

In addition, you can receive legal consultation and litigation representation support through the Korea Legal Aid Corporation, and a worker whose average wage during the three months before leaving employment is less than 4 million won qualifies for such assistance.