Legal information

If your employer misses payday, you do not have to wait, but the most important thing on day one is not filing a complaint. It is collecting evidence.

In Korea, most wage disputes are not lost because the worker did not know the law. They are lost because the worker had nothing in hand. If the employer says "you didn't work that many hours", you need something that shows your hours.

What to do today

Don't delete your messages. Everything you exchanged with your employer on KakaoTalk or by text is evidence. Even "I'll pay you tomorrow" or "next week" is valuable, because it counts as admitting the debt. If you change phones, save the chats first.

Start writing down your hours. From today, in a notebook or on your phone: the date, when you arrived, when you left, your lunch break. Start even if it's late. When the employer has no records, a record you kept regularly is taken into account by the labor office and the court.

Check your bank account. Take screenshots of how much arrived in past months and when, because that shows how the payments changed.

Find your contract. Without an employment contract (근로계약서) your case does not end, but with one it is much easier. If the employer never gave you a contract, that is a separate violation in itself.

What counts as wages

Wages are not only your base pay. Overtime pay, the night-work premium, the holiday-work premium and pay for annual leave all count. Many people only calculate their base pay and never ask for half of what they are owed.

If you have left the job, the employer must pay everything within 14 days. The 14 days start from the day you left, not the day you asked.

If the payment is late, interest is added for every day of delay.

Talking to your employer

Ask in writing first. What you ask out loud cannot be proven later. KakaoTalk is enough: a single message like "My wages up to October 1 have not been paid. When will you pay?" works, because the answer stays in writing.

If the employer says "there is no money", that is not a legal reason. The company's financial situation is not a ground for not paying wages.

Filing a complaint

If talking does not work, you file a complaint (진정) with the regional labor office (지방고용노동청). This is not a court, it is an investigation. There is no fee for filing a complaint, but the process takes time.

What to bring: your passport or residence card (외국인등록증), your employment contract, your record of hours, bank statements, and your messages with the employer.

Ask about an interpreter in advance. Before you go to the office, call and ask whether help is available in your language.

The fear about your visa

Many people don't file because their visa has expired or they worked without permission. This changed in November 2025: when a worker files a complaint about unpaid wages, the labor inspector does not report them to the immigration office, and a separate article explains it in detail.

What to watch out for

Deadlines. The right to claim wages does not last forever, so do not wait.

A paper saying "everything is settled". If the employer gives you a document to sign, read it first or have someone read it for you. Sometimes it turns out to be a waiver of your remaining claims.

Cash. Cash leaves no trace. If you can, ask to be paid through the bank, and if you can't, write down every cash payment with the date and the amount the same day you receive it.

Next step

If you want to calculate the amount yourself, use the wage calculator: it also calculates overtime, night work and holiday premiums, and shows whether you are being paid at least the minimum wage.

If your case is complicated or you have lost contact with the employer, talk to a lawyer. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Labor Standards Act (근로기준법) Article 36 (14 days after leaving), Article 37 (interest on late payment), Article 43 (wages paid in full, at least once a month).

This is general information, not legal advice. Every case is different.