← All articles · 💰 Wages

How to report unpaid wages

The steps to collect evidence and file a complaint (진정) with 고용노동부 (Ministry of Employment and Labor), and how long it takes.

✓ Last verified 2026-10-13📎 Sources 6

Quick summary

  • The basic rule is that wages must be paid in full on the set payday. If you quit your job, the company must pay all remaining wages and your 퇴직금 (severance pay) within 14 days.
  • First, ask the company for payment in a way that leaves a record. Then file a complaint (진정) with 고용노동부 (Ministry of Employment and Labor).
  • You can file a complaint online on 노동포털 (Labor Portal, labor.moel.go.kr) or in person at the 지방고용노동관서 (regional labor office) that covers your workplace.
  • From November 6, 2025, foreigners who report unpaid wages are not reported to immigration. People without legal stay status can also file a complaint.
  • Your right to claim wages ends after 3 years. It is better not to wait.

When does this apply to you?

  • Payday has passed, but your wages have not come in
  • You were paid less than the hours you worked (including missing overtime, night work or holiday work pay)
  • 14 days have passed since you quit, but you did not get your last month's wages or 퇴직금
  • The company has closed and you cannot contact them
  • The boss keeps delaying and says "I will pay you next month"

Wages are protected no matter how big or small the workplace is. This is also true for workplaces with fewer than 5 workers.

Steps

  1. Ask the company in writing. Do not only ask by speaking. Ask in a way that leaves a record, such as a text message, KakaoTalk or email. Write the amount and the period, for example: "Please pay the wages of ___ won for (month/day) to (month/day) by (date)." This conversation itself becomes evidence later.
  2. Collect evidence. Look at the list under "What to prepare" below. Take photos or save files. It is much easier to collect them before you leave the company.
  3. File a complaint. There are two ways.
    • Online: 노동포털 (labor.moel.go.kr) → 민원신청 (Apply for civil petition) → 근로기준 분야 (Labor standards) → 진정서 (complaint form)
    • In person: the customer support office (고객지원실) of the 지방고용노동관서 in the area where your workplace is. Bring your ID.
  4. A 근로감독관 (labor inspector) is assigned and the investigation starts. Usually, an inspector is assigned within 1–2 weeks after your complaint is received. Both you and the boss will be asked to come in.
  5. Go in and explain what happened. If Korean is difficult for you, you can ask for an interpreter. If you do not come in when asked 2 or more times, they will decide you do not want to continue, and the case will be closed. If the date does not work for you, it is better to contact the inspector in advance to change it.
  6. If a violation of the law is confirmed, a correction order (시정지시, an official order to fix the problem) is given. If the boss pays your wages during this period, the case ends.
  7. If the boss does not follow the correction order, a criminal case is opened and sent to the prosecutors (검찰). Not paying wages can be punished with up to 3 years in prison or a fine of up to 30 million won.

The processing period is 25 days from the date your complaint is received (not counting Saturdays and public holidays). If the case is complicated, it can be extended up to 2 times. In reality, it often takes from one month to two or three months.

What to prepare

  • 근로계약서 (employment contract) (a copy of the 표준근로계약서, the standard employment contract)
  • 외국인등록증 (Alien Registration Card), passport
  • Records of when you started and finished work (photos of the fingerprint machine screen, attendance app screens, work logs, transport card history, dormitory entry records)
  • 급여명세서 (pay slip) and bank deposit history (screenshots from your bank app are also OK)
  • Text messages, KakaoTalk messages and call recordings with the boss or managers
  • Contact details of coworkers who worked with you (their statements may be needed)
  • The workplace name and address, and the boss's name and contact details

You can file a complaint even if you have no records at all. The labor inspector will check the company's records. But the more evidence you have, the larger the amount that will be recognized.

Be careful

  • You can file a complaint even without legal stay status. Under the change to the Enforcement Rules of the Immigration Act that took effect on November 6, 2025, labor inspectors do not report foreigners who report unpaid wages to 출입국·외국인관서 (immigration office). You have the right to be paid for the work you did, no matter what your stay status is.
  • Unpaid wages is a reason to change your workplace. If your wages were delayed while you work on an E-9 visa, it is the employer's fault, so it does not count toward your number of workplace changes. Apply for a change at 고용센터 (Job Center) within 1 month from the day your employment contract ends.
  • After 3 years, you cannot claim. The time limit for wage claims is 3 years (Labor Standards Act Article 49). It is also 3 years for 퇴직금.
  • Calculate the amount before you sign an agreement (합의서). If you sign a paper that says "this amount ends the matter," it becomes hard to get the rest. Even if you are in a hurry, do not sign right away. It is better to ask 1345 or a counseling center first.
  • Your complaint continues even if you move to another company. You can also report unpaid wages from a company you already left.
  • Penalties became stronger from October 23, 2025. Workers who are still employed can also get 20% yearly late-payment interest on unpaid wages. If the employer did not pay on purpose, or did not pay for 3 months or longer, you can claim damages of up to 3 times the unpaid amount.

Frequently asked questions

Q. The company says it has no money. Is there a way to get paid? A. There is a substitute payment system (대지급금). 근로복지공단 (Korea Workers' Compensation & Welfare Service) pays you first instead of the boss, and later collects the money from the boss. The simple substitute payment (간이대지급금) covers up to 7 million won for wages, shutdown allowance and maternity leave pay, and 7 million won for retirement benefits, with a maximum of 10 million won in total. If you have left the job, file a complaint within 1 year from the day after you left, and get a "체불 임금등·사업주 확인서" (certificate of unpaid wages and employer). Then apply to 근로복지공단 within 6 months from the date the certificate was first issued. If the company has started bankruptcy or rehabilitation (court-led debt restructuring) procedures, or has been officially recognized as bankrupt (도산등사실인정), you can apply for the bankruptcy substitute payment (도산대지급금). In this case, the monthly maximum amount depends on your age.

Q. I still work at that company. Can I apply? A. You can apply for the simple substitute payment even while you are still employed. But your employment contract must still be in effect when you file a lawsuit or complaint (day workers are excluded), and your normal hourly wage for the last 3 months must be less than 110% of the minimum wage. You must file the complaint within 1 year from the day after the last day you were not paid. For a lawsuit, it is within 2 years from the same day. The simple substitute payment you get while employed does not include 퇴직금. Also, while employed, you can get it only 1 time per company. Check with 근로복지공단 or the labor inspector to see if you meet the conditions.

Q. I cannot speak Korean. How do I report? A. If you call 1345 외국인종합안내센터 (Immigration Contact Center), you can get counseling in 20 languages (including Nepali). They also support 3-way call interpretation when you deal with government offices. When you talk on the phone with the labor inspector or are being questioned, you can ask them to connect 1345. Nepali counseling at 1345 is available only on weekdays, 09:00–18:00. 1577-0071 외국인력상담센터 (Foreign Workforce Counseling Center) also gives phone counseling in many languages, including Nepali. They answer 365 days a year, from 9 a.m. to 6 p.m.

Q. What is the difference between a complaint (진정) and a criminal complaint (고소)? A. A complaint (진정) asks for your unpaid wages to be paid. A criminal complaint (고소) asks for the boss to be punished. Usually, you start with a complaint (진정). If the problem is not solved at the complaint stage, it can lead to a criminal complaint.

Q. I do not have money for a lawyer. A. If your average monthly wage at the time wages were not paid was less than 4 million won, 대한법률구조공단 (Korea Legal Aid Corporation) can give you free support for court costs and lawyer fees. Call 132, without an area code.

Where to get help

Organization Phone What they do
외국인종합안내센터 (Immigration Contact Center) 1345 (from abroad +82-2-1345) Counseling in 20 languages, 3-way call interpretation. Weekdays 09:00–22:00 (Nepali until 18:00)
외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 Labor and daily life counseling in many languages, including Nepali. 365 days, 09:00–18:00
고용노동부 고객상담센터 (Ministry of Employment and Labor Customer Center) 1350 Labor law counseling
대한법률구조공단 (Korea Legal Aid Corporation) 132 Free legal aid
고용노동부 노동포털 (Labor Portal) labor.moel.go.kr File a complaint online
근로복지공단 1588-0075 Apply for substitute payment
💬 Have a question? Ask here

Legal basis

  • 근로기준법 제36조(금품 청산), 제43조(임금 지급), 제49조(임금의 시효) (Labor Standards Act Article 36 (final payment of money owed), Article 43 (payment of wages), Article 49 (time limit for wage claims))
  • 근로기준법 제109조(벌칙) — 3년 이하 징역 또는 3천만 원 이하 벌금 (Labor Standards Act Article 109 (penalties) — up to 3 years in prison or a fine of up to 30 million won)
  • 임금채권보장법(대지급금) — 간이대지급금·도산대지급금 (Wage Claim Guarantee Act (substitute payment) — simple substitute payment and bankruptcy substitute payment)
  • 출입국관리법 시행규칙 (2025-11-06 시행, 임금체불 피해 외국인 통보의무 면제) (Enforcement Rules of the Immigration Act (in force from 2025-11-06): foreigners who are victims of unpaid wages are not reported to immigration)
  • 외국인근로자의 고용 등에 관한 법률 제25조(사업장 변경) (Act on the Employment of Foreign Workers Article 25 (changing workplace))

Sources

View Korean original