Calculators & Self-ChecksProsecution Request Estimator
Non-payment of severance pay: statutory penalty and likely requested sentence
The statutory penalty for Non-payment of severance pay and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 50 million
- Legal basis
- Employee Retirement Benefit Security Act, Article 43(1) and (2); Article 9
- Category
- Labor · Employee Retirement Benefit Security Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 8 months to 1 year 4 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year 4 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 years 4 months to 5 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Notes
- It cannot be punished if the worker does not want punishment (an offense not punishable against the victim's wishes). This does not apply, however, to an employer whose name has been publicly listed for unpaid wages and who fails to pay again during the listing period.
- If the severance pay is paid or a settlement is reached, most cases end with a fine or with no punishment.
Frequently asked questions
- Non-payment of severance pay: what is the statutory penalty?
- Legal basis: Employee Retirement Benefit Security Act, Article 43(1) and (2); Article 9. Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million.
- Non-payment of severance pay: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Interfering in the selection or placement of foreign workers, failing to take return measures, receiving money, etc.
- Unpaid wages (not paying wages, shutdown allowances or overtime pay)
- Paying less than the minimum wage
- Failure to take out departure insurance or wage surety insurance (employer of foreign workers)
- Fraudulent receipt of unemployment benefits or other employment insurance benefits
- Forced labor, assault of workers, intermediary exploitation, etc.
- Breach of the duty to take safety and health measures
- Breach of the duty to take safety and health measures causing death (death of a worker)
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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