It can be resolved through civil procedures such as provisional seizure of the user's property or filing a civil lawsuit.
Provisional seizure of user’s property
- "Provisional seizure"is a system that prevents the debtor from disposing of the debtor's property by seizing the debtor's property in advance for the purpose of preserving the execution of monetary claims or claims convertible into money in the future. (source: supreme court electronic civil complaint center - Procedure guide - Application – provisional seizure)
- It is important to identify the business owner's property in advance and seize it for provisional seizure, as it is necessary to have the business owner's property to receive unpaid wages through compulsory execution. (source: Refer to the website of the Ministry of Employment and Labor's place for civil complaints - complaint information - complaint system guide - how to resolve unpaid wages)
Small claims trial
- "Small claims trial" refers to a system in which, among civil cases, where the ‘value for litigation’ is less than 30 million won, it is easier to file a lawsuit and conduct a lawsuit than other civil cases. (Refer to Article 2(1), 「Small Claims Trial Act」 and Article 1-2, 「Rule on Trial of Small Claims」)
- Therefore, if the unpaid wages are less than 30 million won, the lawsuit can be carried out more conveniently through the small claims trial procedure.
Initiation of civil litigation
- "Civil litigation" refers to a series of legal procedures for legally resolving and arbitrating conflicts of interest and disputes regarding personal life relationships under the jurisdiction of the state. (source: Refer to National Legal Information Center’s 『Glossary of Legal Terms』)
- Civil litigation proceeds in the following order: ① filing a lawsuit → ② service of the complaint → ③ submission of an answer → ④ pleading and examination of evidence → ⑤ judgment. (Refer to Articles 174, 205, 256 and 281, 「Civil Procedure Act」)
Compulsory execution
- "Compulsory execution" refers to a procedure in which a creditor applies for execution against the state power with the right of execution, such as a final judgment or notarial deed, etc., and the state realizes the claim against the debtor’s will. (source: Refer to National Legal Information Center’s 『Glossary of Legal Terms』).
You can receive legal aid, such as free legal advice on delayed payment of wages, from the Korea Legal Aid Corporation.
Workers eligible for legal aid
- At the time of arrears in wages and severance pay, workers whose monthly average wages for the last 3 months are less than 4 million won (including foreigners residing in Korea) are eligible for legal aid from the Korea Legal Aid Corporation. (Article 33-3, 「Legal Aid Act」, Article 7, 「Enforcement Decree of Legal Aid Act」, and 「Disposal rule of Legal Aid Cases」 Subparagraph 1 of Article 5(2))