Everyone working in Korea is protected by the Labor Standards Act and other labor laws, regardless of nationality or immigration status. This applies not only to full-time workers but also to part-time workers, short-term contract workers, and undocumented migrant workers — everyone has the right to be paid for the work they do. Korea’s labor system may feel complicated at first, but if you know the key points, you can protect your own rights when something unfair happens. We have organized the essential rights you should know before and after starting work, so please read through at your own pace.
Overview of the Process
- 1. Gather Evidence
Collect everything you have: your employment contract, records of wage payments, records of your working hours, and any messages or call records exchanged with your employer.
- 2. Get Advice
Call the Ministry of Employment and Labor consultation line at 1350 (available in foreign languages) first, or request a free consultation from a migrant worker support center.
- 3. File a Complaint
Submit an unpaid wages complaint online through the Ministry of Employment and Labor's Labor Portal, or visit your local Regional Employment and Labor Office in person.
- 4. Labor Inspector Investigation
After the complaint is filed, a labor inspector will investigate the facts (processing typically takes about 25 days, and may be extended depending on the circumstances).
- 5. Receive Wages and Legal Support
Based on the investigation result, you will receive your unpaid wages. If needed, you can apply for free legal consultation through the Korea Legal Aid Corporation at 132.
Employment Contracts Must Be in Writing
When you start work, your employer is legally required to prepare a written employment contract and give one copy to you. This is the employer’s legal obligation, and violating it is subject to punishment. The contract must state how much you will be paid, how many hours you will work each day, which days you will have off, and what kind of work you will do. Verbal promises alone are risky. If possible, ask for the contract to be written in a language you can understand as well.
When you receive a contract, check the following before signing.
- Check how much your hourly or monthly wage is, and confirm that it meets or exceeds the minimum wage.
- Check that your working hours and break times are clearly stated.
- Check your days off (holidays) and whether there is a probationary period, and what your wage will be during that period.
- Do not sign a contract with any blank spaces. Blanks can be filled in against your interests later.
- Make sure you receive one signed copy and keep it somewhere safe. Taking a photo of it is also a good idea.
Minimum Wage and Various Allowances
The minimum wage for 2026 is 10,320 won per hour (approximately 2,156,880 won per month based on a 40-hour work week). This applies equally to all workers regardless of nationality or visa type. Paying someone less because they are a foreigner is illegal. You can check the latest amount at the Minimum Wage Commission.
In addition to your base pay, you are also entitled to the following allowances.
- Weekly holiday allowance (juyu sudang): If you work 15 hours or more per week and work all of your scheduled days, you are entitled to receive one additional day’s pay as a paid holiday allowance. Part-time workers are also eligible if they meet the conditions.
- Overtime, night work, and holiday work allowances: If you work beyond your scheduled hours, or work at night (10 p.m. to 6 a.m.), or on a holiday, you must receive 1.5 times your regular wage. Note, however, that these additional allowances apply to workplaces that regularly employ five or more workers.
Annual Leave and Severance Pay
The longer you work, the more rights you accumulate. Annual leave and severance pay in particular are easy to overlook, so it is good to know about them in advance.
- Annual leave: If you work at a workplace that regularly employs five or more employees, you are entitled to paid annual leave after working for a certain period. Workplaces with fewer than five employees are not legally required to provide annual leave, but if it is written into your employment contract or the company’s internal rules, those terms apply.
- Severance pay: If you have worked continuously at one place for one year or more and worked at least 15 hours per week, you are entitled to severance pay regardless of the size of the workplace (under the Act on the Guarantee of Workers’ Retirement Benefits). This applies even at small shops and workplaces with fewer than five employees. Please remember this. If your employer says “we are too small to pay severance” when you leave, that is not true.
Four Major Social Insurances and Industrial Accidents
If you meet certain conditions, you will be enrolled in the National Pension, National Health Insurance, Employment Insurance, and Industrial Accident Compensation Insurance (the four major social insurances). Of these, the most important when you are injured at work is industrial accident compensation insurance.
Industrial accident compensation insurance is a system that covers medical expenses and provides paid leave benefits during the period you cannot work if you are injured at work or develop an illness due to your work. Importantly, you are protected even if your employer has not enrolled in industrial accident insurance, or if you are undocumented. If you are injured, get treatment first, and make sure to keep your medical diagnosis documents and a record of how the accident happened. For more information about health insurance, please refer to the Health Insurance Guide for Foreign Nationals and Refugees.
When You Have Not Been Paid
If you have not received your wages or severance pay, you can get free help through the following channels. Please do not suffer in silence — make sure to report it.
- Ministry of Employment and Labor consultation line 1350: Consultations are available in English and other foreign languages. If you are not sure where to start, begin here.
- Online complaint: You can file an unpaid wages complaint directly through the Ministry of Employment and Labor’s Labor Portal. If visiting in person is more convenient, you can also go to the Regional Employment and Labor Office that has jurisdiction over your workplace’s address for a consultation.
- Korea Legal Aid Corporation 132: Free legal consultations are available.
Gathering evidence before you report will put you in a much stronger position. Prepare your employment contract, records of wage payments (or records showing non-payment), records of your working hours, and any messages or call records exchanged with your employer. After you file a complaint, a labor inspector will investigate the facts (processing typically takes about 25 days and may be extended depending on the circumstances). Employers who fail to pay wages can be punished, and unpaid wages can be recovered. For information about systems for undocumented workers, including the exemption from reporting obligations, please see Reporting Unpaid Wages and the Exemption from Reporting Obligations.
When You Have Been Unfairly Dismissed
If you have been suddenly dismissed without a legitimate reason, you can file an application for remedy against unfair dismissal with the Regional Labor Relations Commission. However, this applies only to workplaces that regularly employ five or more workers, and you must apply within three months of the date of dismissal. If you miss this deadline, filing an application becomes very difficult, so please make sure to remember the date. If you receive notice of dismissal, it is a good idea to record the date, the reason given, and the method of notification (text message, verbal notice, etc.).
If you have experienced workplace harassment or sexual harassment, please refer to Reporting Workplace Harassment and How to Respond to Sexual Harassment. If you have experienced discrimination, How to Report Discrimination may also be helpful.
Common Mistakes and Tips
Here is a collection of situations that people working in Korea for the first time often encounter.
- Thinking a verbal promise is enough: Verbal promises are difficult to prove. Always keep a written contract and written records.
- Not gathering evidence: Records of your working hours, wage records, and messages — do not throw away even small things. They can become decisive evidence if a dispute arises.
- The misunderstanding that “foreigners have no rights”: Regardless of immigration status, you have the right to be paid for the work you have done and to be protected by industrial accident insurance.
- Missing the filing deadline: Applications for remedy against unfair dismissal must be filed within three months. Do not hesitate and let the deadline pass.
- Trying to resolve things alone: If Korean is difficult or the process feels overwhelming, contact 1350 (foreign language consultations available) or a migrant worker support center. They will help you for free.
If legal terminology feels difficult, the Legal Terminology Dictionary may be helpful. More detailed information on labor rights is compiled in the 2025 Migrant Workers’ Rights Handbook. Since the laws that apply can differ depending on the situation, please confirm the latest information with 1350 or a nearby migrant worker support center before filing a complaint or submitting an application.