Unpaid Wages and Work Injuries: A Guide for Foreign Workers

At a glance

• Unpaid wages: a current worker does not receive all or part of the wages on the regular payday, or a worker who has left does not receive wages, severance pay, allowances and other money within 14 days from the date of leaving (Labor Portal guidance).
• You file a petition online through the Labor Portal or at the competent regional employment and labor office, and there is no fee.
• If the employer cannot pay, you can claim a substitute payment from COMWEL (Ways to resolve unpaid wages).
• Work injuries: for an injury or illness from work, apply to COMWEL for medical care benefits. They are not paid if you recover with medical care of 3 days or less.

Who needs to do this

• The petition is filed by the worker (an individual member of the Labor Portal).
• When a worker leaves or dies, the employer must pay wages, compensation and all other money within 14 days from the date the reason for payment arises. The deadline can be extended if both parties agree.
• Wages must be paid in currency, directly to the worker, in full, at least 1 time a month on a fixed date.
• The Industrial Accident Compensation Insurance Act applies to every business that employs workers. Some businesses set by Presidential Decree are excluded.
• COMWEL states that foreign workers are automatically covered by industrial accident insurance regardless of their status of stay (COMWEL FAQ).

Where to apply

• Unpaid wage petition: apply online through the Labor Portal, or submit it in person or by post at the customer support office of the regional employment and labor office that covers your workplace.
• Criminal complaint: visit the customer support office of the regional employment and labor office that covers your workplace in person.
• Phone enquiries: Ministry of Employment and Labor customer center 1350, no area code (weekdays 09:00-18:00).
• Counseling in your language: HRD Korea Foreign Workforce Counseling Center ☎1577-0071, in 18 languages (Korean, Vietnamese, Thai, Filipino, Indonesian, Sri Lankan, Mongolian, Uzbek, Cambodian, Chinese, Bangladeshi, Pakistani, East Timorese, Nepali, Kyrgyz, Myanmar, Lao, Tajik).
• Substitute payments and living-cost loans for workers with unpaid wages: COMWEL ☎1588-0075, Employment and Industrial Accident Insurance Total Service.
• Workers’ compensation medical care: apply to COMWEL. A medical institution covered by industrial accident insurance can apply on your behalf with your consent.
• Free legal aid: Korea Legal Aid Corporation (in person or online filing, ☎area code + 132).

What to bring

• Unpaid wage petition: the Labor Portal petition form (unpaid wages, workplace harassment, other labor law violations).
• Substitute payment (based on a final judgment, etc.): the original and a copy of the enforceable title such as the judgment, a certificate of finality, and a confirmation of unpaid wages and of the employer.
• Free legal aid from the Korea Legal Aid Corporation: a confirmation of unpaid wages and of the employer, and the worker’s resident registration certificate. If the employer is a corporation, add the corporate registration certificate.
• Work injury: the medical care benefit application form with the injured worker’s personal details, workplace and how the accident happened, sealed, and the doctor’s opinion written by the hospital on the back (COMWEL how to apply).

Cost

• Fee for an unpaid wage petition: none.
• Simplified substitute payment (workers who have left): unpaid wages for the last 3 months and unpaid severance for the last 3 years, up to 10 million KRW (caps of 7 million KRW for wages and 7 million KRW for severance) (as posted on the Labor Portal).
• Simplified substitute payment (current workers whose hourly wage is below 110% of the minimum wage): unpaid wages for the last 3 months, capped at 7 million KRW (as posted on the Labor Portal).
• Living-cost loan for workers with unpaid wages: 1.5% a year, up to 10 million KRW in total for workers who have left, with a separate guarantee fee of 1% a year (as posted on the Labor Portal).
• Free legal aid from the Korea Legal Aid Corporation is for workers whose average monthly wage over the last 3 months at the time of non-payment was under 4 million KRW (Legal aid guide).
• Even with free legal aid, if you lose the case you may have to pay the other party’s litigation costs (Overview of litigation aid).
• Temporary disability benefit for work injuries: 70% of the average wage per 1 day. It is not paid if the period you cannot work is 3 days or less.

Procedure

Unpaid wages

• Step 1: apply online on the Labor Portal under Civil petitions > Labor standards petitions > Petition, or visit the competent regional employment and labor office.
• Step 2: a labor inspector asks the petitioner and the employer to appear and investigates. The processing period is 25 days (excluding Saturdays and public holidays) and can be extended up to 2 times.
• Step 3: if a violation is confirmed, the employer is ordered to correct it, and the case is closed once it is corrected.
• Step 4: if the correction order is not followed, the employer is booked as a criminal suspect and the case is sent to the prosecution. An employer who fails to pay wages faces up to 3 years in prison or a fine of up to 30 million KRW.
• Step 5: if the employer cannot pay, claim a substitute payment from COMWEL based on the confirmation of unpaid wages or similar documents. The confirmation route is for workers who left and filed a petition or similar within 1 year from the day after leaving.
• Step 6: if needed, take civil action, provisional attachment and similar steps through the Korea Legal Aid Corporation.
• Foreign workers under the Employment Permit System can claim from the wage arrears guarantee insurance the employer joined, attaching a confirmation of unpaid money issued by the competent employment and labor office (EPS wage arrears guarantee insurance).

Industrial accidents

• Step 1: after first aid, move the worker to a hospital and check whether it is a designated industrial accident medical institution.
• Step 2: fill in the medical care benefit application and submit it to COMWEL. If you seal the delegation section of the form, the medical institution can file it through the Total Service.
• Step 3: if it is clear that the accident is work-related, you are notified within 7 days whether medical care is approved. The period can be extended if facts need checking or if it is an occupational disease.
• Step 4: if you disagree with a rejection, file a review request or an administrative lawsuit within 90 days from the day you learned of the decision.
• Insurance benefits include medical care, temporary disability, disability, nursing care and survivors’ benefits.

Common sticking points

• If the petitioner fails to appear 2 or more times, it is treated as having no intention to report and the case is closed. You can file a petition again.
• Wage claims expire by limitation if not exercised for 3 years.
• The right to receive industrial accident insurance benefits expires by limitation if not exercised for 3 years, or 5 years for disability, survivors’ benefits, funeral expenses and similar.
• A substitute payment is only possible if the employer operated a business covered by industrial accident insurance for 6 months or more up to your leaving date.
• Dismissal or other unfavorable treatment because you reported a labor law violation is prohibited.
• Representation in criminal complaints is not part of the Korea Legal Aid Corporation’s legal aid work (except when it is appointed as a victim’s state-appointed counsel).

This guide is general information and does not decide individual eligibility. Laws and fees can change, so check the original text through the official links and with the competent authority.