Mitra KoreaUnpaid wages but your stay period is ending: staying to get paid, or leaving and still getting paid
If your complaint or lawsuit is still going on, you can stay in Korea with Other (G-1) status. If you leave Korea, you can still get your money through a representative.
Quick summary
- If your unpaid wage complaint (진정, a formal complaint to the labor office) or lawsuit is still going on, you can change to Other (G-1) status of stay and stay in Korea. The guide from 법무부 (Ministry of Justice) includes "people whose unpaid wage case is being handled by a labor office" and "people with a lawsuit in progress".
- Apply at 출입국·외국인관서 (Immigration Office) before your stay period ends. If you are even one day late, you become undocumented.
- G-1 is not a work visa. If you work without permission, you can be punished.
- You can still get your money after you leave Korea. Choose a representative (a person who acts for you) and use the free lawsuit service of 대한법률구조공단 (Korea Legal Aid Corporation, 132).
- From 6 November 2025, foreigners who report unpaid wages are not reported to immigration. People whose stay period has already ended can still file a complaint.
The steps for filing a complaint are in How to report unpaid wages. This page only covers cases where your stay period ends first.
When does this apply to you?
- You filed a complaint, but the stay period on your 외국인등록증 (Alien Registration Card) ends before the investigation is finished.
- Your 3-month job-search period for changing workplaces is ending, and you still have not been paid. When the job-search period ends, you must leave Korea, no matter what date is on your card. How to read your job-seeker registration certificate
- Your full 4 years and 10 months are finished, but you did not get your last salary and 퇴직금 (severance pay).
- The company says, "We will send the money after you leave Korea." This promise is often not kept.
Steps — staying in Korea to get paid
- File the complaint first. File it online on the labor portal (labor.moel.go.kr) or at the regional 고용노동부 (Ministry of Employment and Labor) office for your workplace's area. Write down the case number and the name of the labor inspector in charge.
- Ask for the 체불 임금등·사업주 확인서 (unpaid wages and employer confirmation). The labor office issues it when the investigation confirms that wages are unpaid. This document is the basis for your status application, the free lawsuit, and the 대지급금 (government substitute payment) application.
- Before your stay period ends, book a visit on 하이코리아 (HiKorea, the immigration website) and go to the 출입국·외국인관서 for your area. The application type is permission to change status of stay (Other G-1). If you go without a booking, they may refuse to take your application.
- Submit documents that show "the case is still going on", such as the complaint receipt, the confirmation, and a copy of the lawsuit filing (소장). The 출입국·외국인관서 decides whether to give permission and for how long, based on the state of your case.
- When you get permission, check the period. They give a short period and then extend it. So if the case takes longer, apply again for permission to extend your period of stay before it ends. For an extension, you also need documents showing the case is still going on.
- When you get your money, the case is over, so there is no reason to keep G-1. Prepare to leave Korea. Or, if you still have employment period left, ask the 출입국·외국인관서 if you can go back to E-9.
Steps — leaving Korea and still getting paid
If you cannot change your departure date, finish the steps below before you leave.
- Finish filing the complaint and getting the confirmation before you leave.
- Choose a representative. Give a power of attorney (위임장, a letter that lets someone act for you) to a trusted person in Korea (a support center counselor, a lawyer, or a friend). Leave a copy of your passport and your signature with it.
- Apply for free lawsuit support at 대한법률구조공단 (dial 132 with no area code). Workers whose average monthly wage for the last 3 months before the non-payment was less than 400만 원 can get this support. Foreigners living in Korea are included. It is safer to apply before you leave.
- Decide which bank account will receive the money. Keep your Korean account, or have the money paid into your representative's account and then sent to you. Before you leave, ask your bank what you need to keep your account open.
- Keep this separate from departure guarantee insurance and 퇴직금. Departure guarantee insurance (출국만기보험) is a different payment. You claim it from Samsung Fire (삼성화재) by international fax. Departure guarantee insurance and return cost insurance
What to prepare
- Passport, 외국인등록증, application form for change of status of stay, photo
- Complaint receipt (case number), 체불 임금등·사업주 확인서
- If you have a lawsuit: a copy of the lawsuit filing (소장) and proof that the lawsuit is in progress
- 근로계약서 (employment contract), 급여명세서 (pay slips), bank account history
- Fees: change of status 10만 원, extension of stay period 6만 원
- Documents that explain how you will pay for living costs and where you will live while you stay (the 출입국·외국인관서 may ask for these)
Be careful
- As a rule, you cannot apply for a status change after your stay period has ended. Write the end date on your calendar and book a visit at least 2–3 weeks before.
- You cannot work with G-1. If you need money for living costs, ask the 출입국·외국인관서 about permission for activities outside your status (체류자격외활동허가). But do not work before you get permission.
- Do not sign a paper that says "I got the money." If you write that you received money you did not receive, your case ends. Before signing a settlement agreement, check the amount, date, and bank account, and get an interpreter.
- Your right to claim wages ends after 3 years. The time keeps running even after you leave Korea.
- The 출입국·외국인관서 reviews each G-1 application and decides. If your case has stopped, or if you filed a complaint and then cannot be contacted, you may be refused. Stay in contact with the labor inspector in charge.
Frequently asked questions
Q. I only filed a complaint, and the investigation is still going on. Can I apply? A. Yes, you can apply. Submit the complaint receipt and the contact details of the person in charge, and explain that the investigation is still going on. When you get the confirmation, submit it as an extra document.
Q. My 3-month job-search period is ending, but my unpaid wage case is not finished. A. When the job-search period ends, you cannot stay with E-9. Choose one of two ways: apply to change to G-1 before the period ends, or leave Korea and continue through a representative. Talk to both 고용센터 (Employment Center) and 1345 early.
Q. My stay period has already ended. Can I still file a complaint? A. Yes, you can. Labor inspectors do not report foreigners who report unpaid wages to immigration. But this does not make your stay legal. Check with 1345, together with the voluntary departure process, before you leave Korea.
Q. The company says, "We will send the money after you leave Korea." A. Get the confirmation before you leave, and get the agreement in writing. If the promise is not kept, you can continue through your representative and the Korea Legal Aid Corporation.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| 외국인종합안내센터 (Immigration Contact Center) | 1345 | G-1 change and extension advice, 20 languages |
| 고용노동부 고객상담센터 (Ministry of Employment and Labor Call Center) | 1350 | Complaints and confirmation document advice |
| 외국인력상담센터 (Foreign Workforce Counseling Center) | 1577-0071 | 3-way phone calls with an interpreter |
| 대한법률구조공단 | 132 | Free lawsuit support |
| 하이코리아 | hikorea.go.kr | Visit booking, online applications |
- More contacts: List of places to get help