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Wage/Severance

Wage Non-Payment Complaint?

10/1/2025
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Author:system
A complaint is a procedure by which a citizen requests correction from the relevant administrative agency regarding illegal and unfair acts they are subjected to. In particular, workers can notify the Ministry of Employment and Labor and demand correction for the employer's violations of the Labor Standards Act and other labor-related laws, which differs in content and procedure from a complaint or report that directly demands punishment of a criminal, as it simply demands correction of illegal acts. In particular, an employer's wage non-payment not only delays the payment of wages, which is the worker's sole means of livelihood, thereby causing a serious threat to their life, but is also a criminal offense punishable under Articles 36 and 42 of the Labor Standards Act by imprisonment for up to 3 years or a fine of up to 20 million won, making the resolution of wage non-payment a constant key task of labor administration. Wage non-payment complaints are accepted at the complaints office of the local labor office (branch of the Ministry of Employment and Labor) under the jurisdiction of the workplace. Complaint methods can be by document, verbally, via the internet (www.molab.go.kr), or any other method, but must include the name, address, and contact information of the complainant (worker), the name, address, and contact information of the respondent (employer), the content of the complaint, the date of the complaint, and the signature and seal of the complainant. Upon receipt of the complaint, the responsible labor inspector conducts investigations with the complainant, respondent, and witnesses. If wage non-payment is confirmed, a payment deadline is set and a payment order is issued to the employer. If the employer settles the wages within the deadline, the case is closed without further action. If not settled within the deadline, an investigation is initiated, and the case is referred to the prosecution for violation of the Labor Standards Act, leading to investigation under the direction of the prosecutor. However, due to the 2005 legal amendment introducing a complaint-required offense for wage non-payment, if the worker explicitly indicates in any way that they do not wish for punishment of the employer, the employer cannot be punished. Even if the wage non-payment is not corrected, no re-complaint or criminal complaint can be filed, so caution is needed. On the other hand, while a complaint-required offense was introduced for wage non-payment, to effectively support the actual rights relief of unpaid workers, free legal aid services are provided through the Korea Legal Aid Corporation. In other words, if you receive an unpaid amount confirmation certificate from the labor inspector, all civil procedures such as civil lawsuits, small claims trials, provisional attachment, and compulsory execution are handled for free by the Legal Aid Corporation, so you must request in advance from the labor inspector to issue the unpaid amount confirmation certificate.

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