Legal information

Yes. Leaving Korea does not cancel what your employer owes you. Wage claims last three years, and a complaint or lawsuit can continue after you leave, handled by someone you authorize. But it is much easier to start before you go, while you can still meet the inspector and sign papers in person.

What should I do before my flight?

If you know you are leaving, the weeks before departure matter most.

• File the complaint now (진정), even if you hope the employer will pay. You can withdraw it later.
• Give your statement in person. Ask the inspector for an interview date before your flight.
• Keep your Korean bank account open if you can, or ask how money will reach you after you leave.
• Collect copies of your contract, payslips, bank statements and messages, and keep them on your phone and in email.
• Write down contacts: the inspector's name and phone number, and your case number.

What is the departure insurance, and is it the same as severance?

If you work on an E-9 or H-2 visa, your employer pays into a departure guarantee insurance (출국만기보험) for you every month. You claim it when you leave Korea. Apply to the insurer at least seven days before departure; you can receive it in a Korean account, in an account in your own country, or in cash at the airport on the day you leave.

It is not always the full severance. The insurance is built from monthly payments, and your legal severance pay (퇴직금) is calculated from your average wage at the end. If the insurance comes out lower, the employer owes you the difference (차액). Many workers never ask for it. Check the amount before you leave and file for the difference if there is one.

Can someone handle my case after I leave?

Yes. You can authorize a person to act for you with a power of attorney (위임장): a lawyer, or a trusted person in Korea. A lawyer can continue a complaint, apply for government substitute payment, or file a lawsuit.

If you sign the power of attorney abroad, the Korean side may ask for it to be notarized or certified, for example at a Korean embassy or consulate. Ask before you sign so you do not have to do it twice.

What if I have already left?

It is not too late, but act quickly.

The three-year limit counts from each payday, so the oldest months expire first.

Will my case affect coming back to Korea?

A wage claim is your right, and making it is not a violation. What affects future visas is your own immigration record, such as overstaying. A wage complaint on its own is not passed on to immigration; that has been the rule since November 2025. If you overstayed, that is a separate issue to check before you plan to return.

Next step

Calculate your wages and severance with the wage calculator before you leave, so you know whether the departure insurance covers everything. If you are already abroad, a lawyer in Korea can act for you with a power of attorney. 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 (payment within 14 days after leaving), Article 49 (wage claims expire after 3 years). Departure guarantee insurance under the Act on the Employment of Foreign Workers (외국인근로자의 고용 등에 관한 법률); severance under the Employee Retirement Benefit Security Act (근로자퇴직급여 보장법).

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