Government Support

Check How to Apply for Your Unpaid Wages Now That Penalties Are Tougher

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Key Takeaway

Since October 8, 2026, unpaid wages carry up to 5 years in prison or a fine of up to KRW 50 million. To recover what you're owed, file a petition on the Labor Portal or consult your local labor office.

Blank documents, a closed notebook, a calculator and a pen neatly arranged on a sunlit oak desk

Does a tougher penalty mean the wages get paid right away?

The Ministry of Employment and Labor's second-half 2026 guidance explains the tougher punishment for unpaid wages and unpaid severance. Even with a higher criminal penalty ceiling, wages are not automatically deposited into a worker's account. Whether the money is actually recovered is something to check separately.

Where do you file a petition?

You can file an unpaid-wage petition online on the Ministry of Employment and Labor's Labor Portal, or visit the customer support office of the local labor office with jurisdiction over your workplace to get advice. Sorting out the following before you file makes it easier to explain.

  • The months the wages went unpaid and the original payment dates
  • The gap between the agreed amount and what was actually deposited
  • Whichever you have of your contract, pay stubs and deposit records
RequestPurpose as the Labor Portal distinguishes it
PetitionAsking that the unpaid wages be paid
Criminal complaintAsking that the employer be punished for breaking the law

What happens after you file?

After you file, it proceeds in this order.

  1. A labor inspector summons the parties and investigates.
  2. If a violation is confirmed, the employer is given a corrective order.
  3. If it is corrected, for example by payment, the case is closed.
  4. If the employer doesn't comply with the corrective order, it can lead to a criminal case, an investigation and referral to the prosecutors.

Keep your filing number, and respond right away if you're asked for additional materials.

What should you ask about if the company keeps failing to pay?

The Labor Portal also describes other routes, such as substitute payment by the government and a civil lawsuit. Who is eligible, the limits, and the application deadline differ by route and need to be checked separately. Ask your local labor office or the Ministry of Employment and Labor at 1350 which support you can apply for with your own arrears confirmation documents. The date checked is 2026-10-10.

Frequently Asked Questions

Is the fine paid to the worker?

Criminal punishment of the employer and payment of the unpaid wages are separate. You can't count the maximum fine as support the worker receives.

How do a petition and a criminal complaint differ?

The Labor Portal separates them: a petition asks that the unpaid wages be paid, and a criminal complaint asks that the employer be punished for breaking the law.

Does my pay arrive right after I file?

After you file, a labor inspector investigates the facts. You need to keep following the confirmation of the arrears, the corrective order, and whether payment actually happens.

Sources & Verification Date

  1. Ministry of Employment and Labor, Monthly Naeil: What changes in the second half of 2026 (August 2026 issue) · Verified
  2. Ministry of Employment and Labor, Labor Portal: How to resolve unpaid wages · Verified
  3. Policy Briefing: Notice of the October change in the statutory penalty for unpaid wages (2026-10-01) · Verified

All materials have been verified from official announcements and may have changed since verification.

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