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Labor rights

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

Based on: Ministry of Employment and Labor (고용노동부) Labor Portal 「Civil Service Guide > How to Resolve Unpaid Wages」 (checked 2026.10.30) · 「Act on the Employment, etc. of Foreign Workers」 (Act No. 21065, in force 2025.10.1.) · Ministry of Employment and Labor 「Employment Permit System (EPS) FAQ」 (publication date not confirmed)

Yes, foreign workers can also report unpaid wages. In general, the Labor Standards Act (근로기준법) applies regardless of nationality.

How to report

  1. Complaint for payment (진정): This is a way to ask the authorities to help you receive your unpaid wages.1
  2. Criminal complaint (고소): This is a way to ask for the employer to be punished for violating the Labor Standards Act.1
  3. Where to apply: Apply online through the Labor Portal of the Ministry of Employment and Labor (고용노동부 노동포털) (labor.moel.go.kr). For inquiries, call 1350.1
  • In general, you can also visit the local regional employment and labor office (관할 지방고용노동관서) in person. If you need an interpreter, ask the Foreigner Comprehensive Information Center (외국인종합안내센터) (1345) for help.

Documents that are good to prepare (general cases)

  • Employment contract, pay slips, bank account records showing salary deposits
  • Attendance records, messages exchanged with your employer
  • Alien Registration Card (외국인등록증)

Other ways to get help

  • There are also other options, such as the substitute payment (대지급금), living expense loans, legal aid, and civil lawsuits.1
  • If the employer clearly withheld wages on purpose, or owes you 3 months of wages or more, you can ask the court for damages of up to 3 times the unpaid wages.1

⚠️ If you are an Employment Permit System (고용허가제) worker (E-9·H-2)

  • If it is hard to keep working for reasons that are not your fault, such as violations of working conditions, you can apply to change your workplace.23
  • When your labor contract ends, you must apply for a workplace change within 1 month. If you do not get permission to change your workplace within 3 months after applying, you must leave Korea.2
  • In general, if you leave the company on your own, it may be treated as leaving your workplace without permission. Before you quit, talk to the Employment Center (고용센터) first.

If your period of stay has already expired or there is a problem with your status of stay, it may be hard to handle this alone. In that case, get a consultation with the K-VISA AI Administrative Agent (K-VISA AI 행정사) (Visa Service in the app). For final confirmation about visas, check HiKorea (hikorea.go.kr) or call 1345.

Sources

  1. 임금체불 해결 방법 — 진정·고소, 대지급금, 생계비 융자, 법률구조, 민사소송 › 진정·고소, 손해배상 청구How to file a complaint or criminal complaint, where to apply, conditions for 3x damages
  2. 외국인근로자의 고용 등에 관한 법률 · 제4장 외국인근로자의 보호 › 제25조Workplace change is possible if working conditions are violated; 1-month and 3-month deadlines
  3. 고용허가제 FAQ · 사업주 폭행으로 사업장 변경 신청 가능한지If the employer is at fault, you can apply for a workplace change
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General guidance prepared by K-VISA AI from Ministry of Justice manuals, laws and official guides. Not legal advice — please confirm with HiKorea or the Immigration Contact Center (1345).