I haven't been paid my wages. Can a foreign worker also report unpaid wages?

Yes, foreign workers can report unpaid wages regardless of their status of stay. You can file a complaint (a request to get your unpaid wages paid) or a criminal complaint (a request to punish the employer) with the regional employment and labor office (고용노동관서) that has jurisdiction over your workplace.

How to apply

1. Online: At the Labor Portal (labor.moel.go.kr), go to Civil Complaint Application > Labor Standards > "Complaint Form (unpaid wages, other labor standards matters)."
2. In person: Visit the customer support office (고객지원실) of the regional employment and labor office for your workplace location. Get advice, then file a complaint or criminal complaint.
3. Investigation: A labor inspector (근로감독관) calls you and the employer in for questioning. The processing period is 25 days, not counting Saturdays and public holidays. It can be extended up to 2 times.
4. Corrective order: If the unpaid wages are confirmed, the employer is ordered to pay. If the employer does not comply, the employer is booked as a criminal suspect and investigated.

⚠️ Things to watch out for

• If you do not attend the investigation 2 or more times, it is treated as having no intent to report, and the case is closed. You can file a complaint again.
• If the employer does not pay, you can also use the substitute payment system (대지급금 제도) of the Korea Workers' Compensation and Welfare Service (근로복지공단).
• You can get advice from the Ministry of Employment and Labor (고용노동부) at ☎1350.

💡 If you are an E-9 (Non-professional Employment) worker

• If your employment permit was cancelled because of unpaid wages, or you changed workplaces, report the unpaid wages to the Labor Improvement Guidance Division (근로개선지도과) of the Ministry of Employment and Labor that has jurisdiction over your workplace. Then you can receive a certificate of unpaid wages and money (금품체불확인서).
• Submit this certificate, an insurance claim form, a copy of a bankbook in your own name, and a copy of your ID (passport or Alien Registration Card) to Seoul Guarantee Insurance (서울보증보험). You can then receive the unpaid wages from the guarantee insurance. Payment is made within the guarantee amount limit.
• If it is recognized that it is hard to keep your labor contract because the employer did not pay wages, your employment permit can be cancelled. This is a reason that is not your fault, so it is not counted in your number of workplace changes.
• Before you leave your workplace, first check the procedure for changing your workplace with the Employment Center (고용센터) or Immigration.

First, gather your pay slips, bank deposit records, labor contract, and attendance records. Check the exact procedure again with the Ministry of Employment and Labor at 1350 or the Foreigner Helpline (외국인종합안내센터) at 1345.