임금체불과 부당해고 대응 절차: 증거 준비, 노동포털 진정, 노동위원회 구제신청, 1350 상담

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Unpaid wages and unfair dismissal: gathering evidence, filing a petition on the Labor Portal, applying to the Labor Relations Commission and the 1350 helpline

Last checked: 20 October 2026 · compared against 6 official sources opened that day

When wages go unpaid or you are suddenly told to leave, it is easy to freeze and lose time. Labour law protects workers regardless of nationality, and each step has a deadline. We checked the Labor Standards Act as in force from 8 October 2026 and its Decree, the Wage Claim Guarantee Act, the Ministry of Employment and Labor's Labor Portal petition page and the National Labor Relations Commission's guidance on 20 October 2026. This is not legal advice for your case; talk to the 1350 helpline or the Labor Relations Commission before you act.

Basic wage rules

Article 43 of the Labor Standards Act requires wages to be paid in money, directly to the worker, in full, at least once a month on a fixed date; only deductions allowed by law or a collective agreement may be taken. A wage statement showing the items, calculation and deductions must be given with each payment (Article 48). When you leave, everything owed must be paid within 14 days unless both sides agree to extend (Article 36).

What counts as unpaid wages

The Labor Portal describes unpaid wages as pay, severance, allowances or bonuses not paid in full on the regular payday to a current worker, or within 14 days of leaving to a former worker. Partial pay, missing overtime and delayed severance all count.

Gather evidence first

Keep your employment contract, wage statements and bank records, working-time evidence such as access-card logs, rosters, shift photos and your own daily log, and screenshots of messages about pay or dismissal. Note colleagues in the same situation. Back up screenshots by email or cloud storage, especially if you live in company housing or use a company phone.

Filing a petition on the Labor Portal

The usual route is a petition to the Ministry. The Labor Portal's page for petitions on unpaid wages, workplace harassment and other violations says workers can file online, by post or in person at the local labour office for the workplace, with no fee and a 25-day processing period. A labour inspector is assigned and calls both sides; if a violation is found the employer is ordered to correct it, and if it does not, the case is sent for criminal investigation. Progress is sent by message. A criminal complaint asking for punishment must be filed in person. Workers aged 24 or under can get free help from a labour attorney through the youth labour rights centre. Article 104 forbids dismissal or other disadvantage because you reported a violation.

Sanctions and late-payment interest

Article 107 of the current Act punishes violations of Articles 36 and 43 with up to five years in prison or a fine of up to 50 million won, but prosecution needs the victim's consent except for employers on the public list of repeat offenders. The Labor Portal page still showed the older figures of three years or 30 million won. Late-payment interest of 20% a year applies from the day after the 14th day after leaving for departing workers and from the day after payday for current workers (Article 37, Decree Article 17). In cases of clear intent, three or more months of non-payment within a year, or arrears of at least three months' ordinary wages, you can ask a court for up to three times the unpaid amount (Article 43-8).

If the employer cannot pay

Under Article 7 of the Wage Claim Guarantee Act, a former worker can claim a substitute payment from the state when the employer is in rehabilitation or bankruptcy, a court order exists, or the Ministry has issued a certificate confirming the unpaid wages. Ask your inspector about this after your petition. We did not verify the payment limits; check with the Korea Workers' Compensation and Welfare Service.

Rules on dismissal

Dismissal needs a justifiable reason (Article 23(1)), and is barred during leave for a work injury or maternity leave and for 30 days after. The employer must give 30 days' notice or 30 days' ordinary wages, except, for example, for workers employed less than three months (Article 26), and must state the reason and date in writing, or the dismissal is invalid (Article 27).

Unfair dismissal: three months to apply

Apply to the regional Labor Relations Commission for the workplace within three months of the dismissal (Article 28), submitting two copies of the application with evidence. The Commission holds a hearing within 60 days and sends its decision within 30 days of deciding; if you do not want reinstatement, it can order payment of at least the wages for the period instead. Workers earning under 3 million won a month can ask for a free labour attorney or lawyer. Appeals go to the National Commission within 10 days, then to the administrative court within 15 days.

Workplaces with fewer than five employees

The Act applies in full to workplaces with five or more regular employees; for smaller ones only the provisions in Annex 1 of the Decree apply. These include Articles 43, 36, 26 and 23(2), but not Article 23(1), Article 27 or Article 28, so you can still petition over unpaid wages but may not be able to apply to the Commission over dismissal. Ask 1350 first.

Notes for E-9 workers

Article 25 of the Act on Foreign Workers' Employment allows E-9 workers to apply to change workplaces when the employer breaks working conditions or treats them unfairly, as recognised by ministerial notice, and such changes do not count toward the usual limit. You must apply within one month after your contract ends and obtain a change permit within three months of applying, so agree a timetable with the job centre even while a wage dispute is ongoing.

Where to get help

Call the Ministry of Employment and Labor on 1350 (charged, weekdays 09:00 to 18:00), file petitions and request a certificate of unpaid wages on labor.moel.go.kr, and download unfair dismissal forms from the National Labor Relations Commission website.