Legal information

Short answer: you will not be reported to immigration for filing a complaint about unpaid wages. This rule has applied since November 6, 2025.

The change looks small, but it is big. Before it, many people simply walked away from their money, because going to the labor office meant deportation. Some employers knew this and did not pay.

What changed

Before, a labor inspector who came across an unregistered worker had a duty to report them to immigration. Since November 2025, that duty does not apply when the worker has come with a complaint about wages.

In other words, if you go to the labor office to ask for your pay, that visit by itself does not lead to an immigration check.

What this does not mean

To be honest about it: this does not make you legal.

• Your expired visa stays as it is. The complaint does not restore it.
• If you are stopped some other way, the general rules apply.
• This protection covers the wage matter. It does not cover every situation.

So the right way to read it is this: asking for your money no longer adds a risk. Your visa is a separate issue and has to be dealt with separately.

Do you have rights for the work you did?

Yes. This has been the case in Korea for a long time.

Labor law does not depend on the worker's visa. If you worked for an employer in exchange for pay, you are a worker. Whether you were registered or not does not change that.

This applies to:

• Wages. For every hour you worked.
• Overtime and night-work premiums. If you worked them.
• Injury at work. Industrial accident insurance (산재) also covers workers without a visa. The Supreme Court confirmed this long ago.
• If you worked more than a year, severance pay (퇴직금).

If the employer says "you worked illegally, so you get nothing", that is not true. And the employer is also liable for employing someone who was not registered.

What to do in practice

The steps are the same as for anyone who has not been paid, and they are set out in our article on what to do on the first day. Here is only what is different when your visa has expired.

Start with evidence, not with the office. The complaint no longer puts you at risk, but a complaint without proof is weak. Gather your messages and your own record of hours before you go.

Say clearly that you came about wages. That is the case the inspector handles, and it is the case this protection covers.

If you have to leave Korea, the case does not end. The claim can be continued through a power of attorney. Prepare it before you leave, while you can still sign papers here.

What to watch out for

Threats from the employer. You may hear "I'll call the police" or "I'll have you deported". That is pressure, not a legal argument. On the contrary, save those messages.

Middlemen. Some people say "I'll sort it out for you, half the money is mine". You do not need a middleman to file a complaint with the labor office.

Time. The right to claim is not unlimited. If you wait too long, it can be lost.

Next step

If your situation is complicated, for example the visa issue and the wage issue at the same time, talk to a lawyer. It is better to know in advance how the two affect each other.

Consultations are paid. When you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

The definition of a worker under labor law does not depend on visa status. Supreme Court decision on injury at work: 대법원 1995. 9. 15. 선고 94누12067. No report to immigration on a wage complaint: Ministry of Justice, from November 6, 2025.

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