When Your Boss Tells You to Withdraw Your Unpaid Wages Complaint: Decide After the Money Is in Your Bank Account

When does this apply?

• The boss says "If you withdraw, I will pay everything" or "I will pay next month."
• The boss brings a settlement agreement or a withdrawal form and tells you to sign it right now. The papers are only in Korean.
• The boss pays only part of the unpaid money and tells you to sign a sentence saying "I will not take the rest."
• The boss says they will fire you or report you as having left the workplace if you do not withdraw.

Withdrawal and no wish for punishment are different

• Withdrawing the complaint: You tell the 노동청 (regional labor office) "You do not need to investigate this case any more." If the labor inspector has not yet given the boss a correction order (an order to pay the money), the case ends. If the correction order was already given, the case does not end even if you withdraw. If the boss does not pay by the deadline, the case goes to a criminal investigation.
• No wish for punishment (처벌불원): You state "I do not want the boss to be punished." For the crime of not paying wages, the boss cannot be sent to court if the worker clearly says they do not want punishment (Labor Standards Act Article 107(2)).
• Once you state no wish for punishment, you cannot undo it (Criminal Procedure Act Article 232). The 노동청 case also ends, whether or not you got the money, and you cannot file a complaint again about the same matter (Labor Inspector Work Rules Article 41).
• A statement with a condition, such as "If you pay everything, I do not want punishment", is not treated as no wish for punishment.
• There is an exception. If a boss whose name was published as a wage-arrears employer fails to pay wages again during the publication period, the boss can be punished even if the worker does not want it.
• A withdrawal form or a settlement agreement may also contain the sentence "I do not want the boss to be punished." Before you sign, make sure to check whether this sentence is there.
• From October 8, 2026, the punishment for the crime of not paying wages is up to 5 years in prison or a fine of up to 5천만 원 (50,000,000 won).

Steps

1. Do not sign right away. Say "서류를 확인하고 답하겠습니다" (I will check the papers and then answer). Take photos of the papers.
2. Check how much money you should get. Calculate your unpaid monthly wages, allowances, and, if you quit, your 퇴직금 (severance pay). For how to calculate, see Reading your payslip (급여명세서) line by line. If your labor inspector has calculated an amount, compare it with that amount.
3. Get the boss's promise in a text message. You can send the Korean sentence below exactly as written.
   • "사장님, 밀린 임금 ○○○원을 ○월 ○일까지 제 계좌로 주신다고 하셨습니다. 맞습니까?" (Boss, you said you will pay the unpaid wages of ○○○ won into my account by ○ (day) ○ (month). Is that right?)
4. Check that all the money has come into your bank account. Take a screenshot of the deposit record.
5. After that, tell your labor inspector and withdraw the complaint. Write the no-wish-for-punishment sentence only if you want to.
6. If the boss says they will pay in installments, ask your labor inspector whether you can wait to withdraw until the last payment comes in. Also tell the inspector the dates and amounts the boss promised.
7. Ask about the certificate before you withdraw. If the boss never pays, the '체불 임금등·사업주 확인서' (certificate of unpaid wages and employer) is used to apply for 간이대지급금 (simplified substitute payment from the government) or for lawsuit support from 대한법률구조공단 (Korea Legal Aid Corporation). This certificate is issued for unpaid wages that the labor inspector confirmed during the investigation. Before you withdraw, ask whether you can get it.

Be careful

• If you get only part of the money and sign a sentence saying "I will not take the rest", it may become hard to get the rest.
• Do not sign a Korean document if you do not understand its meaning. Call 1577-0071, ask for an interpreter, and check the content.
• The right to get your wages does not end all at once after "3 years". The time is counted separately for each month, from each payday. The oldest months expire first.
• To be eligible for 간이대지급금, you must file the complaint within 1 year: if you quit, from the day after your last day of work; if you are still working, from the day after the last day you were not paid. If you are still working, your contract wage must be below a set amount. You apply to 근로복지공단 (Korea Workers' Compensation and Welfare Service) within 6 months from the day you first receive the certificate. If you agreed to installment payments after receiving the certificate, talk with your labor inspector so you do not miss this 6-month limit.
• The law forbids firing you or treating you unfairly because you made a report (Labor Standards Act Article 104). For details, see If your boss harasses you because you reported to the labor ministry.
• The boss does not have the power to send a worker back to Nepal. See When the boss says "I will send you back to Nepal".
• From December 8, 2026, the title of the labor inspector changes from 근로감독관 to '노동감독관'. Complaints you already filed continue as they are.

Frequently asked questions

Q. If I withdraw and the boss still does not pay, can I report again? A. You still have the right to get your wages. If you only withdrew, without stating no wish for punishment, you can file a complaint again. If you stated no wish for punishment, a new complaint about the same matter will be closed, whether or not you got the money, and you cannot ask again for the boss to be punished. In that case, you can still make a claim at court (대한법률구조공단 132). See Until when can you claim unpaid wages?.

Q. The boss says "I will promise in writing, so withdraw." A. A written promise is evidence. But a promise is not money. It is safe to withdraw after you check that the money has come in.

Q. How long does a complaint take? A. The processing period is 25 days from the day the complaint is received (not counting Saturdays and public holidays). If the case is complicated, it can take longer. For the full process, see How to report when you are not paid.

Q. If I say I do not want punishment, will I get the money faster? A. No. If you state no wish for punishment, the 노동청 case ends, whether or not you got the money, and you cannot file a complaint again about the same matter. If your goal is to get the money, please check the deposit first.

Where to get help

• The labor inspector in charge of your case (if you do not know who it is, ask 1350)
• 고용노동부 (Ministry of Employment and Labor) customer counseling 1350 (Korean, weekdays 09:00~18:00)
• 외국인력상담센터 (Foreign Workforce Counseling Center) 1577-0071 (Nepali available, 365 days, 09:00~18:00. On Saturdays and public holidays only duty staff work, so there may be no Nepali counselor)
• 대한법률구조공단 132 (counseling on lawsuits for unpaid wages)