Legal information

Working in Korea and not being paid in full is one of the most common problems foreign workers bring to a lawyer. The good news is that Korean labor law protects you in the same way it protects Korean workers. Your nationality does not change what you are owed, and neither does your visa type. This guide explains what counts as unpaid wages, the deadlines that matter, and the steps you can take.

You are protected as a worker, whatever your visa

The Labor Standards Act (근로기준법) applies to anyone who works under an employer's direction in exchange for pay. Whether you hold an E-9, E-7, H-2, D-2 or F-series visa, the rules on wages, overtime and severance are the same.

Even a worker whose visa has expired is still owed pay for work already done. Immigration status and the right to wages are separate questions. An employer cannot refuse to pay because of your status, and cannot lawfully keep your passport or alien registration card to stop you from leaving (Immigration Act, Article 33-2).

What counts as unpaid wages (임금체불)

Unpaid wages are not only a missing monthly salary. Several kinds of payment are often left out:

At workplaces with fewer than five employees, some rules, including the overtime premium and paid annual leave, do not apply. The minimum wage, weekly paid holiday and severance pay still do.

The 14-day rule when you leave a job

When you leave, your employer must pay everything owed to you, including your final wage and severance, within 14 days (Labor Standards Act, Article 36). The deadline can be extended only if you agree to it.

If payment is late after those 14 days, interest of 20% per year runs on the unpaid amount (Article 37). Write down the date you left and keep proof of it, such as a resignation message or your last day's time record.

Step by step: how to claim

1. Collect evidence first

Your claim is only as strong as your records. Before you raise the issue with the employer, save copies of what you have.

Evidence to keep
· Employment contract (근로계약서) and any later changes
· Pay slips (임금명세서). Employers have had to issue them since November 2021
· Bank statements showing what was actually paid
· Records of your working hours: time cards, schedules, photos, messages
· Messages in which the employer admits the debt or promises to pay

2. File a petition with the labor office

You can file a petition (진정) with the regional office of the Ministry of Employment and Labor (지방고용노동관서) that covers your workplace. It can be filed online or in person. A labor inspector then calls both sides, reviews the evidence and decides whether wages are unpaid.

If the inspector confirms the debt, you can request a certificate of unpaid wages (체불임금 등 사업주 확인서). This document becomes important for the next steps. Foreign workers can also get help in their own language from the Foreign Workers Support Centers (외국인력지원센터).

3. If the employer still does not pay

A labor office decision does not by itself force the employer to pay. If payment does not follow, the usual routes are a payment order (지급명령) or a civil lawsuit for the wages. With a court judgment or order, you can then enforce against the employer's bank accounts or property.

When the employer cannot pay, for example because the business has closed, the state may pay part of the unpaid wages and severance on the employer's behalf through the substitute payment system (대지급금) under the Wage Claim Guarantee Act (임금채권보장법). Eligibility and limits depend on the case.

4. Criminal liability of the employer

Failing to pay wages is also a criminal offence (Labor Standards Act, Article 109). However, it is an offence that is not prosecuted against the worker's wishes (반의사불벌죄). In practice, many employers settle once a petition is filed, and the worker's decision whether to seek punishment can affect that settlement.

Workers on the Employment Permit System (E-9, H-2)

If you came through the Employment Permit System (고용허가제), two insurance schemes are relevant. Departure guarantee insurance (출국만기보험) is the employer's way of funding your severance. It is usually claimed when you leave Korea. Wage guarantee insurance (임금체불보증보험) can cover part of unpaid wages if your employer fails to pay. Ask at the support center or your insurer which one applies to your situation and how to claim before you leave the country.

Deadlines and your visa

A wage claim expires three years after the pay day on which the money was due (Labor Standards Act, Article 49). Waiting too long can cost you part of the claim, so it is better to act while the evidence is fresh.

If your stay would end while your claim or lawsuit is still going on, immigration may allow a temporary stay (G-1) so that you can finish it. This is decided case by case, and you should apply before your current permission expires. Do not let your stay lapse while waiting: overstaying creates a separate immigration problem.

Speak with a lawyer about your situation

Call 1533-7377 or request a consultation at daehanlaw.com/en/reservation.

After you apply, a consultation manager calls you back and explains the consultation fee. Consultations can be held in English, Chinese, Japanese, Russian, Vietnamese or Uzbek, or with an interpreter.

Laws referred to

Labor Standards Act (근로기준법) Articles 36, 37, 43, 49, 56 and 109; Act on the Guarantee of Employees' Retirement Benefits (근로자퇴직급여 보장법) Article 9; Wage Claim Guarantee Act (임금채권보장법); Immigration Act (출입국관리법) Article 33-2

Frequently asked questions

My employer says I lose my severance because I quit. Is that true?

No. Severance pay does not depend on who ended the employment. If you worked at least one year, averaging 15 hours or more per week, it is owed whether you resigned or were dismissed.

I do not have a written contract. Can I still claim?

Yes. A contract is useful evidence but not a condition of the claim. Bank transfers, messages, schedules and colleagues' statements can show that you worked and how much you were paid. Employers are also required to give workers a written contract, and failing to do so is itself a violation.

Can I claim after I have left Korea?

It is possible, but it is much harder to manage from abroad. If you are planning to leave, it is safer to file the petition and gather documents before your departure, and to arrange for someone to act for you afterwards.

Daehanjoongang Law Firm | Haeundae Office

Managing Attorney Han Byung-chul

7F Raon J Building, 554 Haeundae-ro, Haeundae-gu, Busan 48093

Phone: 1533-7377 | Email: hanbyungchul@naver.com

This article is general information about Korean law, not legal advice. The outcome of any matter depends on its own facts. Consultations are paid.

This article was drafted with the help of AI tools. Last updated 2026-09-23.