I want to file a criminal complaint for unpaid wages. What evidence should I gather?

A criminal complaint for unpaid wages is a procedure, based on Articles 36 and 43 of the Labor Standards Act, by which a worker holds the employer accountable through a criminal complaint where the employer has failed to pay wages on the set date.

However, it is not established by the complainant's assertion alone, and evidence is needed that can prove that an employment relationship actually existed and that wages were not paid.

The key factors that the court considers important are as follows.

① Whether there was an employment contract relationship between the worker and the employer

② Whether the worker actually provided work

③ Whether the wages for it were not paid on the set date

There is a variety of evidence that an ordinary person can prepare to prove these requirements.

First, you can prove the employment relationship with documents such as an employment contract, pay statements, records of enrollment in the four major insurances, and commuting records.

In addition, you should collect materials that can prove the nonpayment of wages, such as bankbook deposit records, messages in which the company promised payment and delayed it, recordings, and contracts.

In particular, even if you have lost the pay statements or the employment contract, those who have bank transaction records, the four major insurances, and proof of work can, in many cases, prove the unpaid wages with circumstantial evidence alone.

Ultimately, the key to a criminal complaint for unpaid wages is to gather as much evidence as possible to support the fact of providing labor and the fact of nonpayment of wages.

If you organize the materials from the early stages, this can work in your favor for both a complaint to the labor office and a criminal complaint.