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What should I do if a report of unpaid wages is filed against me?

Recently, the company's situation suddenly worsened, so employees' wages were unavoidably delayed somewhat. We are also trying every possible avenue to resolve this as quickly as possible, but the problem is not being resolved, which worries me. Meanwhile, some of the employees have said they will file a report of unpaid wages. We do not have a separate legal team right now, so I am at a loss as to what to do. What happens if a report of unpaid wages is filed against me?

reporting unpaid wages

Answer

Published: 2025-04-25

Author : Kuk Il KIM

Hello.

Reporting unpaid wages is divided into filing a report with the local employment and labor office and being sued in a civil lawsuit.

In your situation, because you cannot know which of the two approaches the workers will choose, it would be good to keep both scenarios in mind.

First, in the case of filing a report with the local labor office, a worker who has not been paid files a petition or a criminal complaint, and a payment directive is issued by the local employment and labor office having jurisdiction over the location of the workplace.

If this is not complied with, it may lead to a criminal complaint and criminal punishment, so caution is needed.

And in the case of proceeding through civil procedures, a worker who has not been paid may apply for a provisional attachment and file an application for a payment order.

If the report of unpaid wages is not resolved even at this stage, it may proceed to small-claims proceedings or a civil trial and develop into a lawsuit.

If you lose the lawsuit and a payment order or the like is issued, compulsory execution such as attachment may subsequently be carried out.

When a report of unpaid wages is filed against you in this way, various legal procedures may follow, so it is advisable to seek advice from an attorney knowledgeable in the relevant field.