Get government substitute payment for unpaid wages 임금체불 대지급금
If your employer cannot or will not pay your wages or severance, the government can pay part of it for them. This is the substitute payment (대지급금). You claim it from the Korea Workers' Compensation and Welfare Service (근로복지공단). The law covers workers at most businesses. The Easy Law page does not set any nationality or visa condition. You usually first need a court order, or an unpaid wage certificate from the labor office.
Can I claim substitute payment?
Answer 3 quick questions.
Did you work for a business with at least one employee that does not fall under the exceptions (household employment, or a small non-corporate farm, forestry or fishing business with fewer than 5 workers)?
The law does not apply to these workplaces. Talk to the labor office (1350) about other options.
Did your employer run the business for 6 months or more, and did you file a complaint (진정) or lawsuit about the unpaid money within 1 year of leaving (complaint) or 2 years of leaving (lawsuit)?
You may miss the deadline or the employer may not qualify. File a complaint as soon as you can and ask the labor office or 1350.
Is the unpaid money wages, severance pay, rest-period pay or maternity leave pay?
Only these kinds of pay are covered.
You may be able to claim. If you are still employed, special rules apply (see below). Follow the steps below.
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- 1
File an unpaid wage complaint
You do thisAs soon as possible, within 1 year of leaving the jobThe usual way is to file a complaint (진정) with the labor office that covers your workplace. A labor inspector investigates. Filing is free. A lawsuit is another way.
!For a retired worker, the complaint must be filed within 1 year after the day you left. For a lawsuit, it is within 2 years. - 2
Get proof of the unpaid wages
The agency does thisAfter the investigationThere are two kinds of proof. One is the unpaid wage and employer certificate (체불 임금등·사업주 확인서) from the Ministry of Employment and Labor. The other is a court judgment, a final payment order, a mediation result or a similar court decision.
!The certificate must be requested for the purpose of the substitute payment claim. - 3
Claim at the Korea Workers' Compensation and Welfare Service
You do thisWithin 6 months of the first certificate, or within 1 year of the court decisionSubmit the claim form (간이대지급금 지급청구서) with the proof. With a certificate, the deadline is 6 months from the day it was first issued. With a court decision, it is 1 year from the decision date.
!I did not confirm the online filing process and the exact submission desk. Ask the labor office or call 1350 where to submit. - 4
Decision and payment
The agency does thisNormally within 14 days of your claimThe agency checks that you and your employer meet the conditions and decides the amount. Unless there is a special reason, it decides and pays within 14 days.
!Covered amounts are the last 3 months of wages and the last 3 years of severance pay. The most you can get from the simple substitute payment is 7 million won for wages and 7 million won for severance, 10 million won in total.
Documents checklist
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0 of 3 documents ready
- Unpaid wage and employer certificate (체불 임금등·사업주 확인서), or a court judgment, final payment order or mediation recordLabor office, or the court
- Simple substitute payment claim form (간이대지급금 지급청구서)Labor office or Korea Workers' Compensation and Welfare Service
- Employment contract, payslips and bank statementsYou and your employer
If you are still working there
- You may be able to claim while still employed if you filed a complaint or lawsuit and your contract has not ended.
- Your average ordinary wage under the contract must be less than 110% of the minimum wage.
- Only the last 3 months of unpaid pay before your complaint or lawsuit is covered, and only once per workplace.
- The employer must have run the business 6 months or more.
Worried about your visa?
- Since 6 Nov 2025, officials investigating unpaid wages do not have to report undocumented workers to immigration (MOEL press release).
- This does not change your visa status. Ask 1345 if you are worried.
Other help
- The Ministry may lend living costs to workers who were not paid (생계비 융자). Ask the labor office.
- A labor attorney (공인노무사) may help you with the claim form if your workplace had fewer than 30 workers and your average monthly pay before leaving was 3.5 million won or less. Apply at the labor office.
Who to call
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