Business has become difficult due to Corona and there are many cases where wages and pension payments cannot be obtained.
If a business owner fails to pay wages, compensation (allowances), etc., he may be punished under the Labor Standards Law with imprisonment for up to three years or a fine of up to 30 million won. In addition, according to the Workers’ Retirement Benefit Guarantee Service, an entrepreneur who fails to pay the pension payments can be punished with up to three years in prison or a fine of up to 20 million won.
Labor Standards Act
Article 36 (Payment of Money and Goods) When an employee dies or retires, the employer shall pay wages, compensation and all other monies and goods within 14 days of the occurrence of the reason for payment. In the event of special circumstances, however, the period can be extended by agreement of the parties.
Article 109 (Penalties) ①Articles 36, 43, 44, 44-2, 46, 51-3, 52, paragraph 2, item 2, 56, Article 56 A person who violates Article 65, Article 72 or Article 76-3 ( 6 ) shall be punishable by imprisonment for a term not exceeding three years or a fine not exceeding 30 million won. <Revised 2007. 7. 27., 2017. 11. 28., 2019. 1. 15., 2021. 1. 5.>
Article 115 (Penal Provisions) If an agent, employee or other employee of a business owner is responsible In addition to punishing the violator, the business owner shall be fined in accordance with the relevant article. provided, however, that this does not apply if the trader does not neglect the duty of care and supervision in relation to the transaction in question in order to prevent such a breach. 체불임금 받는 방법
[Special revision 2009.5.21.]
Employee Old-Age Insurance Act
Article 9 (Payment of retirement benefit) When an employee retires, the user must pay the retirement benefit within 14 days from the date the reason for the payment occurred. In the event of special circumstances, however, the term of payment can be extended by agreement between the parties.
Article 44 (Penalty) Any person falling under any of the following items shall be punished with imprisonment for a period not exceeding three years or a fine not exceeding 20 million won. In the case of points 1 and 2, however, no criminal prosecution can be initiated against the express will of the victim.
1. who, contrary to § 9, does not pay the old-age benefit;
Article 47 (Penal Provisions) Violation by an agent of a company, or an agent, employee or other worker of a company or individual who falls under any of Articles 44 to 46 in relation to the business of that company or individual In addition to the penalty, the person committing the act, the legal person or the natural person, shall also be fined in accordance with Article. However, this does not apply if the legal or natural person does not neglect the duty of care and supervision in relation to the transaction in question in order to prevent the violation. nicetomeetya
In other words, if you do not receive wages or severance pay, you can be prosecuted or sent to the Department for Employment and Labour. You can also file a civil lawsuit to get the money received. However, in order to file a civil lawsuit, evidence is required. In addition, it is usually sufficient to have overdue wages and entrepreneur confirmations (money item confirmation) as evidence. And even if you file a civil suit and win, you still have to enforce it. If the other party doesn’t have money for foreclosure, you won’t get any money. In some cases, the business owner is difficult and may go bankrupt, rehab or bankrupt. Fortunately, the Republic of Korea has enacted the Wage Credit Guarantee Law, and in the case of rehabilitation, bankruptcy, bankruptcy, civil suit judgment, etc., when a retired worker applies for payment of unpaid wages, the Minister of Employment and Labor pays the unpaid wages, etc. on behalf of the business owner.
It is a system whereby the government pays overdue wages etc on behalf of business owners, but it is divided into small arrears and general deposits. 1) A person who has received a small amount of payment by a judgment in a civil case, etc. can receive a general bail payment. I can’t get the money. and 2) You must meet any security documents or requirements to receive money in the final payment. and 3) there are necessary documents or efficient methods during sedation, prosecution, civil action and application for closure.
Below are the most effective ways to fix bad wages, severance pay, and compensation (benefits).
Step 1 – Sedation/Load
Workers who were not paid wages demanded (sedation) from the Department of Employment and Labor to pay wages that were pushed down or had users fined for violating the Labor Standards Act, etc. You can lodge a complaint by visiting the customer service office of the employment office responsible for your place of business. .
If the Department for Employment and Labor asks the Department for Employment and Labor to “calm down wage arrears” so that they can receive wages, they can file a complaint.
You can apply for “sedation for late wages” online, but you can also apply on the Ministry of Employment, Labor and Agriculture’s “Minyuan Garden” homepage, like the link below.
Court of Appeal > Appeal Request > Habitat Complaint
If you apply to the Department for Employment and Labor for “defaulting wages sedation”, the defaulting wages will be confirmed by an investigation of the facts and the employer will be ordered to pay the defaulting wages. At this time, arrears of wages etc. and entrepreneur confirmations can be issued. If the employer pays the arrears, the case ends; Entrepreneurs can be sentenced to up to three years in prison or a fine of up to 30 million won if they fail to pay wages.
Step 2 – Civil Action or Order for Payment
You can file a “sedation of late wages” with the Department for Employment and Labor or even sue the business owner to cut the money.
In order to legally receive the money received in such cases, you must be eligible to receive money from the state. To do this, you must apply for an order for payment or file a civil claim with the court and the order for payment will be completed or you will receive a favorable judgment. Proof of unpaid wages, severance pay, etc. is required to issue a payment order or file a civil suit in court.
The order to pay is quick and inexpensive, so if you don’t apply for the order to pay first, you can file a civil suit. I can).
What is a payment order?
This is called an order for payment when the court issues an order for the money to be paid in response to a non-receipt of a payment order.
If the court issues an order for payment, the order will be served on the address of the other party (debtor), but if the other party does not object within two weeks of receiving the order for payment, the payment order will be completed. Once concluded, it has the same effect as a final judgment in a civil case and can be enforced. However, if the court order is not served on the other party or if the other party objects, you can receive the money without having to file a civil suit.
The payment order is not tried or heard in court, so it takes 1-2 months to get a final decision, which is easier and cheaper than civil lawsuits.
By the way, even if you get a positive verdict, if the other party doesn’t have any property, you won’t get any money. Since the final system of money paid by the state is limited to the amount that can be received, the entrepreneur is deprived of property and does not pay the money when the level of unpaid wages or pension benefits is high and there is a risk of borrowing money from various sources and your property disappears, you must apply for a provisional seizure beforehand to prevent the other party from depriving you of your property.
Even if an affirmative judgment or payment order has been issued, the other party may not pay the money. In this case, you can get the money if you apply to the court for foreclosure on the assets of the company (property of the individual entrepreneur).
Remarks
Free Legal Structure Support Project: This is a Korean legal system that provides defaulting workers whose average monthly wage was less than 4 million won as of last March free lawsuit support to secure wage claims through civil lawsuits against business owners
Step 3 – Apply for arrears
If you still don’t receive the money after issuing a payment order or filing a civil suit, you can ask the government to pay the arrears if certain conditions are met.
The Contracting Parties determine that the entrepreneur 1) has received a decision to declare bankruptcy, or 2) has received a decision to initiate rehabilitation proceedings, or 3) the Minister for Employment and Labor is unable to pay outstanding wages, etc .to an establishment with 300 or fewer employees If the Minister for Employment and Labor recognizes that there is no bankruptcy (hereafter “certificate of bankruptcy, etc.”) (the employee must file for a certificate of bankruptcy, etc. within one year from the day after the employee in retired), the employee can apply from the employer for “General Deposit” and unpaid wages etc. for employees. There is gold.
3-1 Small Bond Allowance Application Requirements, Scope of Assistance, Application Procedure
<Application requirements>
○ Employer requirements: Employer who is subject to the Occupational Accident Insurance Act and has been operating at least 6 months prior to the employee’s retirement
○Requirements for employees: Submit or apply for a judgment within two years from the day after retirement, etc
<Maximum amount small amount (support area)>
○ Up to 10 million won for unpaid wages/holiday pay for the last three months before retirement and retirement benefit for the last three years )
*Valid from July 1, 2019, when a legally binding court judgment etc. is available for the first time
*The end date of the judgment is 2017. 6. Up to KRW 3,000,000 for before 30.
*The end date of the judgment is 2019. 6. Up to KRW 4,000,000 for before 30.
<Application procedure>
○ You must provide the labor welfare service with the standard copy of the order for payment (in case of winning a civil lawsuit, the original copy of the judgment and the original copy of the confirmation certificate of the institute) and overdue wages etc. / employer confirmation (overdue confirmation) on the entitlement to payment of a small-amount allowance that you like described below online or in writing.