Petition or Complaint
Filing a petition or complaint
- A worker whois refused to be paid a retirement allowance can file a request (petition) forpayment of retirement allowance, or file a complaint against the employer toseek punishment for non-compliance with the Labor standards Act with theregional labor government office (Source: Ministry of Employment and Labor).
- A request or complaint toreceive overdue wages can be filed online through the website of Ministry ofEmployment and Labor, or be directly filed with the regional labor governmentoffice near the workplace after consultation in advance (Source: Ministry of Employment and Labor).
Civil Action
How to file a civil suit
- A civil suit can befiled with a district court having the jurisdiction over the workplace or theresidence, and a final conclusive decision thereon is followed bycompulsory execution (Source: Ministry of Employment and Labor website).
Sanctions against the Employer
Employers failing to pay retirement benefits
- An employerfailing to pay retirement allowance shall be punished by imprisonment withlabor for not more than three (3) years or by fine of up to KRW 30 million (Subparagraph 1 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits).
- An employer failing to paycontributions under retirement pension plans shall be punished by imprisonmentwith labor for not more than three (3) years or by fine of up to KRW 30million (Subparagraph 2 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, Article 44, Item 2).