Korea's labor office has 25 working days to handle a worker's petition

This guide is for anyone working in Korea, including foreign employees, whose employer has not paid wages or has broken another labor law. The usual first step is a petition (진정) to the labor office. It describes the rules in force on October 23, 2026: mainly the Labor Standards Act (근로기준법) and the Ministry of Employment and Labor's Rules on the Duties of Labor Inspectors (근로감독관 집무규정), last amended on June 26, 2024.

What a petition is and who handles it

Under Article 104(1) of the Labor Standards Act, a worker may report a violation of the Act to the Minister of Employment and Labor or to a labor inspector (근로감독관). The employer may not dismiss you or treat you unfavorably because you reported (Article 104(2)). Breaking this rule is punishable by up to 2 years in prison or a fine of up to ₩20,000,000 (Article 110).

Labor inspectors work at the regional employment and labor offices (지방고용노동관서). They can inspect workplaces, demand documents and question both sides (Article 102(1)), and they act as judicial police officers for crimes under labor laws (Article 102(5)). The Act bans discrimination by nationality in working conditions (Article 6), and the inspectors' rules require them to treat people without discrimination by sex, age or nationality.

The rules cover several kinds of report: a petition (진정), a criminal complaint by the victim (고소) or by someone else (고발), and others. A petition asks the office to investigate and have the violation corrected. A criminal complaint asks for punishment and follows the criminal process.

Where and how to file

• Which office: the labor office that covers the workplace where the problem happened. A company with several branches is in principle treated as one workplace. If the business has closed, the office for its main place of business handles the case. If you live far away, the offices can agree to transfer the case.
• Online: on the Labor Portal (노동포털, labor.moel.go.kr), open 민원신청 and choose the petition form for unpaid wages, workplace harassment or other labor law violations (진정서). Separate forms exist for workplace sexual harassment and for maternity or parental leave problems. For harassment, see also After a harassment report, four employer duties carry fines in Korea.
• In person, by mail or by fax: download the same form from the Labor Portal.
• By phone or visit: the inspector first tries to resolve the matter through counseling. If that fails, the complaint can be filed as a document.

The Ministry's call center is 1350 (paid call, weekdays 09:00~18:00). You can follow your case under 나의민원 (my petitions) on the Labor Portal.

How the investigation works

An inspector is assigned to the case. The inspector can summon you, the employer and witnesses with a written notice, or by phone or fax when speed matters. Your claims are examined first and in detail. If you ask, you and the employer are questioned at different times; a joint session is used only when your accounts conflict.

Some cases are shorter. If the employer tells the inspector by phone that it will fix a problem that is not about wages, the inspector may skip in-person questioning and give the employer up to 14 days to resolve it.

Your case can be closed if you do not take part. If you ignore 2 or more summonses, or mail to you is returned twice, the office may treat you as no longer wanting to proceed.

Group petitions get closer attention. A group wage case that needs monitoring can be reviewed by the head of the labor office, who then assigns the inspector. If many workers are affected in the same way, the inspector may also look into matters beyond the petition. Agree on the facts with your coworkers before filing and choose one person to talk to the inspector.

Bring evidence: your employment contract, payslips, bank records of wages paid, attendance records, written instructions and messages, and statements from coworkers. For what a payslip must show, see Payslips in Korea need six items, including the calculation method. Before the interview, write down dates, places and people so you do not leave anything out. If you have recordings, use only conversations you took part in: recording private conversations between other people is prohibited (Protection of Communications Secrets Act, Article 14).

Correction orders and criminal cases

For unpaid wages, once a violation is confirmed, the inspector must issue a written correction order within 3 working days. The standard deadline is 14 days for unpaid wages (Article 43) and for money due when a worker leaves (Article 36). It is 25 days when the arrears come from a simple calculation error, such as working out average wages. If the employer pays in time, the case is closed. If not, the inspector opens a criminal investigation and sends the case to a public prosecutor (검사).

Know these points before you sign anything:

• After a correction order, telling the office that you no longer want to pursue the petition does not close a wage case.
• If you formally state that you do not want the employer punished (처벌불원), the case is closed. You cannot withdraw that statement, and you cannot file the same matter again.
• Unpaid wage offences cannot be prosecuted against the victim's express wishes, except for an employer whose name is on the public list of wage defaulters during the publication period (Article 107(2)). Since October 8, 2026, the maximum penalty for unpaid wages or unpaid money on leaving is 5 years in prison or a ₩50,000,000 fine (Article 107(1)).
• If the inspector finds no violation, you and the employer must be told the reasons and their basis.
• If the employer corrects the problem and you withdraw the petition for that reason, the case is closed.

Deadlines

The 25 days count the first day but not Saturdays or public holidays (Civil Petitions Treatment Act, Article 19), so in practice they are working days. The office may extend a petition once, by up to the same period, and again only with your consent. If the employer applies for a state loan to pay the wages, the deadline can be put on hold for 50 days with your consent. You must receive a written extension notice. If the extended period also passes, the office must tell you the reason for the delay and the expected date at least once a month.

If you disagree or the employer still does not pay

• Second petition (재신고): if you object to how a petition was closed, the office must handle it again, for example with a different inspector or with advice from an expert committee. A repeated case can go to a review committee that includes at least 1 outside member.
• Unpaid wage certificate (체불 임금등·사업주 확인서): you can ask the labor office for this certificate when you need it to claim the state's substitute payment of unpaid wages (대지급금) or to sue with help from the Korea Legal Aid Corporation (대한법률구조공단) (Wage Claim Guarantee Act, Article 12). If wages stay unpaid, the inspector must explain both options to you.
• Civil lawsuit: a petition puts pressure on the employer, but it does not collect the money for you. If the employer still refuses, you need a court judgment to enforce payment.

Checklist

1. Collect your contract, payslips, bank records and time records.
2. Write a timeline: dates, amounts and who said what.
3. File on the Labor Portal or at the labor office that covers the workplace.
4. Answer every summons, and ask for separate questioning if you need it.
5. Note the correction deadline and the 25-day processing period.
6. Think carefully before signing a statement that you do not want the employer punished.
7. If wages stay unpaid, request the unpaid wage certificate and check substitute payment or legal aid.