Legal information

In some cases, yes. Under a rule in force since October 2025, a worker can claim up to three times the unpaid amount.

But it has to be understood correctly, because if it is misread it raises hopes for nothing. This is not an automatic penalty. It is a claim you bring in court, and the court sets the amount.

When it is possible

One of these three situations is enough:

Many people fall into the second situation without knowing it. For example, if March, June and September went unpaid, that is three months in total even though they are not consecutive.

What is not included

Severance pay (퇴직금) is not part of this. It is claimed separately. So the three times applies only to wages and premiums.

Who decides the amount

The court. "Three times" is the upper limit, not a guarantee. When deciding, the court considers:

• How long the wages went unpaid, in what circumstances, and how many times it happened
• How much effort the employer made to pay
• Interest for late payment that has already been paid
• The employer's financial situation

So a small business that genuinely could not find the money and an employer who hid money and did not pay are not judged the same way. That is fair, but it also means the result cannot be predicted in advance.

Who you go to

A complaint (진정) to the labor office and a lawsuit in court are two different things.

A complaint goes to the labor office. An inspector looks into it and presses the employer to pay what is owed. The labor office cannot award three times the amount, though. Only a court can.

A lawsuit. This is where you ask for three times the amount. It is a more serious route and takes time and preparation.

In practice, most people file a complaint first. If the employer pays, the matter is closed. If they don't pay and one of the conditions above applies, the court route stays open.

One more thing

Not paying wages can also lead to criminal liability. But there is an important detail here: usually, if the worker says "I do not want them punished", the criminal case does not go ahead. In other words, a settlement closes the matter.

The exception: if the employer has been put on the public list of employers who failed to pay wages and does it again during that period, the case goes ahead regardless of what the worker wants.

What this gives you: you have leverage in a settlement. The employer wants to avoid criminal liability, and you want your money. That is why many cases are resolved at this stage.

What to watch out for

Read before you sign. The employer may pay you and ask you to sign a paper saying "I have no further claims". If you sign, the claim for three times the amount is closed as well.

Get the calculation right. The base amount that is tripled has to be exact. Overtime, night-work and holiday premiums are part of it. If you leave them out, three times the amount shrinks too.

Don't wait. The right to claim depends on deadlines.

Next step

First, work out the amount. The wage calculator adds up overtime, night-work and holiday premiums and shows you the amount you are owed.

If one of the conditions applies to you, talk to a lawyer. Whether to stop at a complaint or go to court depends on the situation. 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 43-8 (claim for up to three times unpaid wages, added October 22, 2024), Article 43-2 (public list of employers who failed to pay wages), Article 109 (criminal liability and its exception).

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