주한외국인법률정보

[Q&A] My boss says foreigners aren't entitled to severance pay. Can I get my money?

Fighting for fair wages and severance pay for foreign workers in Korea.

[Q&A] My boss says foreigners aren't entitled to severance pay. Can I get my money?
Table of Contents

The Dilemma

"My boss hasn't paid my salary for months and claims foreigners aren't entitled to severance pay (퇴직금). If I file a complaint with the Ministry of Employment and Labor, can I actually get my money?"

The Legal Reality: All Workers are Equal Under the LSA

Under the Labor Standards Act (LSA), every individual who provides labor for wages is a 'worker,' regardless of their nationality or visa status. The claim that foreigners aren't entitled to severance pay is 100% false.

1. Severance Pay (Toejikgeum) Requirements

If you have worked for more than one year and your average weekly working hours are 15 hours or more, you are legally entitled to severance pay. This applies even if you are an E-2, E-9, or any other visa holder, and even if your contract says otherwise.

Step 1: Filing a Petition with the MOEL

If your employer refuses to pay, the first step is filing a petition (Jin-jeong) with the Ministry of Employment and Labor (MOEL).

  • The Investigation: A labor inspector will be assigned to your case. They will summon both you and your employer to verify the facts.
  • The Result: If the inspector confirms the arrears, they will issue a 'Payment Order.' If the employer still refuses, they can face criminal prosecution.

Step 2: Ensuring You Have Evidence

To win your case, you need a 'Paper Trail':

  • Your signed employment contract.
  • Bank statements showing the months where no salary was deposited.
  • Any messages (KakaoTalk, Email) where the boss acknowledges the debt or tells you to wait.

Step 3: What if the Hagwon/Company is Broke?

If your employer has no money, the government can pay you a portion of your unpaid wages and severance through a 'General Substitute Payment' (Daetanggeum) system. This ensures you aren't left empty-handed even if the business goes bankrupt.

Why Hoam Law Firm?

Many foreigners find the MOEL process intimidating due to language barriers. Hoam Law Firm provides Bilingual Legal Support. We help you calculate the exact amount owed (including overtime), prepare your evidence, and represent you during the confrontation with your employer at the Labor Office to ensure your voice is heard and your money is recovered.

#UnpaidWages #SeverancePayKorea #LaborRightsExpat #KoreaLaborLaw #MOELPetition #Toejikgeum #HoamLawFirm

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