Mitra KoreaOne number – 3 years: After 3 years, it is hard to claim unpaid wages and 퇴직금 (severance pay)
Your right to claim wages and severance pay ends after 3 years. This guide explains when the 3 years start and what to do before you leave Korea.
Quick summary
- Your right to claim unpaid wages ends after 3 years (Labor Standards Act Article 49). For 퇴직금 (severance pay), it is also 3 years (Employee Retirement Benefit Security Act Article 10).
- For wages, you count from the payday (the regular pay date). Each month is counted separately. The oldest month ends first.
- For severance pay, you count from the day after you left the job.
- Leaving Korea does not end this right under the law. The right ends after 3 years. But claiming from another country is much harder. The basic rule is to file a complaint before you leave Korea.
- Some time limits are much shorter than 3 years. The government pays 간이대지급금 (simple substitute payment) first. To get it, you must file a complaint or similar within 1 year from the day after you left the job.
When does this apply to me?
- You just found out that your salary was short some months or years ago
- You found out late that overtime, night work, or holiday pay was missing
- You left the company a long time ago, but you did not get severance pay
- Your departure guarantee insurance money was less than the legal severance pay, and you did not get the difference
- You will go back to Nepal soon, but you still have money to receive
When do the 3 years start?
This is based on the guidance of 고용노동부 (Ministry of Employment and Labor).
| Money to receive | Day the 3 years start |
|---|---|
| Salary, extra pay | The payday (regular pay date) when that money should have been paid |
| Severance pay | The day after you left the job (the day your leaving became official) |
Example 1. Your payday is the 10th of every month. Your overtime pay for March 2024 was missing. For this money, you count 3 years from that payday. So the 3 years end around March 2027. For April's pay, the 3 years end one month later. The longer you wait, the fewer months you can claim, one month at a time.
Example 2. You worked until 30 June 2025 and then left. For severance pay, you count 3 years from the next day. So the 3 years end around the end of June 2028.
The exact last day can change by about one day, depending on how it is counted. If you are close to 3 years, do not argue about the date. Get advice right away.
Steps
- Write down the money you should receive, month by month. Write which month, what kind of money (basic pay, extra pay, severance pay), and how much. Mark the oldest months.
- Collect evidence. Save your 근로계약서 (employment contract), 급여명세서 (pay slip), bank deposit records, records of work start and end times, and text messages with your boss.
- Ask the company in a way that leaves a record. Send a text message or KakaoTalk message: "Please pay ○ won for ○ month by ○ (date)." If the company answers "We will pay," save that answer too.
- File a complaint with 고용노동부. You can do it online at the Labor Portal (labor.moel.go.kr), or visit the local labor office that covers your workplace. The detailed steps are in How to report unpaid wages.
- If you are close to 3 years, or the company keeps not paying, call 132 for advice. 대한법률구조공단 (Korea Legal Aid Corporation) gives free advice and free legal representation in court for unpaid wage and severance pay cases (foreigners living in Korea are included; your average monthly wage for the last 3 months before the non-payment must be under 4,000,000 원).
When the time limit stops
The law says the time limit stops when there is a claim, seizure, provisional seizure or provisional order (court orders to hold the company's property), or acknowledgment (Civil Act Article 168). For example, when the company admits it owes you money (acknowledgment), this may count. But a demand by text message (a reminder to pay) does not stop the time limit unless you take a step such as filing a lawsuit in court within 6 months (Civil Act Article 174). It is hard to decide alone if the time limit stopped in your case. If you are close to 3 years, ask 132 right away.
What to do before you leave Korea
Article 16 of the Act on the Employment of Foreign Workers says the employer must pay all wages and other money owed before a foreign worker goes home. If you still did not get paid, do the following.
- File a complaint before you leave Korea. For an online complaint on the Labor Portal, you prove your identity with one of these: a joint certificate (digital certificate), mobile phone identity check, alien registration number, or simple authentication. We could not confirm in official guidance if these work from another country. It is safer to file while you are in Korea.
- Give your contact details to the labor inspector in charge of your case. Give your email, messenger, and contact details abroad. Ask how to handle the bank account where you will receive the money.
- Check your departure guarantee insurance and the difference from severance pay. If your departure guarantee insurance money is less than the legal severance pay, claim the difference from your employer. This difference is also severance pay, so after 3 years it is hard to claim. You can apply for the insurance money itself even after going home, by international fax (82-505-161-1421) or the official app. See Departure guarantee insurance and return cost insurance.
- Before you leave, ask how to continue after you go home. Call 1350 or 132 and ask: "How can I continue my complaint or lawsuit after I leave Korea?"
What to prepare
- 근로계약서 (employment contract), 외국인등록증 (alien registration card), passport
- 급여명세서 (pay slip), bank deposit records (a screenshot of your bank app is OK)
- Records of work start and end times, work logs, photos
- Text messages and KakaoTalk messages with the company
- Documents that show the date you left the job (employment change records, departure guarantee insurance documents, etc.)
Be careful
- The simple substitute payment has a 1-year limit. This is money that 근로복지공단 (Korea Workers' Compensation and Welfare Service) pays first when the company has no money. If you have left the job, you must file a complaint or criminal complaint with the 노동청 (labor office) within 1 year from the day after you left the job to qualify (if you go through a court case, within 2 years). The start date is the day after you left the job, not the last day you were not paid. After that, claim from 근로복지공단 within 6 months from the day the 노동청 first issues the 「체불 임금등·사업주 확인서」 (confirmation of unpaid wages and employer).
- Before you sign an agreement that says "this amount ends everything," calculate the amount again. If you sign, it becomes hard to get the rest.
- Filing a complaint is not the end. If you do not come when you are asked to appear, your case may be closed. If the date does not work for you, contact the inspector in advance.
- You can file an unpaid wage complaint even if you have no legal stay status. From 2025-11-06, labor inspectors do not report foreigners who reported unpaid wages to immigration.
Frequently asked questions
Q. I just found out that extra pay from a company 3 years ago was missing. Can I get it? A. You can claim the months where 3 years have not passed since the payday. It is hard to claim the months where 3 years have passed. Each month is counted separately, so every day you wait, the months you can claim get fewer. File a complaint right away. If some months are close to 3 years, also ask 132 how to stop the time limit.
Q. If I go back to Nepal, do I lose my right to the money? A. The law does not say the right ends because you leave Korea. The right ends after 3 years. But we could not confirm in official guidance how to continue a complaint or lawsuit from another country. File a complaint before you leave Korea, and ask 1350 or 132 how to continue after you go home.
Q. My boss keeps saying "I will pay you next month." Is it OK to wait? A. The 3 years keep passing while you wait. The simple substitute payment is even shorter, with a 1-year limit after leaving the job. Do not trust only spoken promises. Keep a record by text message and think about filing a complaint.
Q. I got my departure guarantee insurance money, but it was less than my severance pay. Is there a time limit for the difference too? A. The difference is severance pay that you claim from your employer. After 3 years from the day after you left the job, it is hard to claim severance pay. To calculate severance pay, see Severance pay.
Where to get help
| Organization | Phone | What they help with |
|---|---|---|
| 외국인력상담센터 (Foreign Workforce Counseling Center) | 1577-0071 | Many languages including Nepali, 365 days a year, 09:00~18:00 |
| 고용노동부 고객상담센터 (Ministry of Employment and Labor Customer Center) | 1350 | Wages, severance pay, complaint process |
| 대한법률구조공단 | 132 | Free legal advice, free legal representation for unpaid wages |
| 근로복지공단 | 1588-0075 | Claiming the simple substitute payment |
| 외국인종합안내센터 (Immigration Contact Center) | 1345 | Advice in many languages, Nepali on weekdays 09:00~18:00 |
| 고용노동부 노동포털 (Labor Portal) | labor.moel.go.kr | Filing a complaint online |