When you have not been paid your wages or severance pay

Whether before or after leaving the company, secure the following materials first.

• Save your employment contract, pay slips and the bank statements showing your salary deposits as photos or PDFs.
• Collect records showing your working hours (entry records, photos of work schedules, messages).
• Do not delete messages with your boss or manager about your pay. Take screenshots.
• Check your expiry date and planned departure date.
• If you work under the Employment Permit System, check whether you are enrolled in Departure Guarantee Insurance and the amount.

Many people lose money owed to them by trying to settle things in a hurry.

• Signing a document saying you do not want the employer punished before you have received all the money.
• Signing a confirmation that you have received the full amount.
• Taking company property or touching the company's bank account.
• For workers under the Employment Permit System, starting work somewhere else right away without permission.

Court precedent holds that even a foreigner without work authorization can receive payment for work already done and industrial accident insurance benefits (Supreme Court Decision 94Nu12067, September 15, 1995). A labor inspector's investigation of unpaid wages is one of the duties in which the duty to notify immigration can be waived when helping the victim is found to come first (Enforcement Rules of the Immigration Act Article 70-2(5)).

However, the official in charge decides whether to notify. If your visa status is uncertain, get advice before filing a petition and decide on the order and method.

If you have left the job, the company must pay your wages and severance pay within 14 days. If it does not, file a petition with the regional employment and labor office and appear for the labor inspector's investigation to have the unpaid amount confirmed. From October 8, 2026, the penalty became heavier: employers who fail to pay wages and retirement payments face imprisonment of up to 5 years or a fine of up to KRW 50 million (Labor Standards Act Article 107). This offense cannot be prosecuted if the worker does not want punishment, so the timing of signing a statement that you do not want punishment (처벌불원서) during a settlement is important.

If you still cannot get the money through the Labor Office, we create an enforceable basis through a civil lawsuit or payment order and provisionally attach the company's assets. If the company has gone bankrupt or is found unable to pay, you can apply for the substitute payment (대지급금).

Workers under the Employment Permit System mainly receive severance pay through Departure Guarantee Insurance. The insurance money is paid within 14 days after departure and expires if not claimed within 3 years. If the payment seems less than the statutory severance pay, the difference should be examined.

Jisan Law calculates the money owed to you based on documents and plans the order of the petition, lawsuit and provisional attachment around your stay schedule. We go with you when you appear at the Labor Office to help with interpretation and your statement, and continue the lawsuit and enforcement as your representative even after you leave Korea. Consultations are available in English.

If your departure is close and time is short, contact us first through the chat on this page.