The deadline for criminal punishment for non-payment of wages is 5 yea…

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  • 03-08
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The deadline for criminal punishment for non-payment of wages is years !

Last May , Mr. C , a foreign resident , requested consultation regarding arrears of severance pay . 2017.4. From 2023.3. I worked until I left the company, but my employer refused to pay me severance pay . When we filed a complaint with the Labor Office , the employer eventually said , “ He left the company in January 2020 and re-employed in March , so we will calculate and pay severance pay from then on . ” However, Mr. C never resigned . He was just taking a two- month vacation with the employer's permission . However, in the end, Mr. C 's claim was not accepted due to lack of supporting materials . Accordingly, April 2017. ~ 2020.1. Severance pay up to this point cannot be claimed because the three- year statute of limitations for wage claims has passed .

Accordingly, our center decided to file a criminal complaint for non-payment of severance pay during the relevant period . Wage claims cannot be filed after three years , but under the Labor Standards Act, non-payment of wages is a crime , and the statute of limitations for this crime is five years . Fortunately, Mr. C was able to receive a small amount of settlement money through the settlement process with the user after filing the complaint .

As explained above , the statute of limitations for wage claims is 3 years, but many people are unaware that the statute of limitations for criminal punishment for non-payment of wages is 5 years , so I will briefly add this information .

  • What is“ statute of limitations ” ?

Simply put , it means the period during which you can legally exercise your rights . If you do not exercise your rights before the statute of limitations expires, it will be difficult to receive legal relief .

  • Civil statute of limitations for wage claims

The period during which you can exercise your right to wages or severance pay is 3 years from the date of occurrence ( 14 days after the regular wage payment date or retirement date ) . After three years, the employer cannot be legally forced to do so . Please note , in order to request payment on your behalf from the Korean government, you must file a complaint with the Labor Office within one year of retirement or file a lawsuit with the court within two years .

  • Criminal statute of limitations for violations of the Labor Standards Act and the Retirement Benefit Security Act

The statute of limitations refers to the period of time during which charges can be filed for a criminal offense . Failure to pay wages or severance pay is a criminal offense , and violations are punishable by imprisonment of up to 3 years or a fine of up to 30 million won ( Article 109 of the Labor Standards Act ). The statute of limitations for this crime is 5 years ( Article 249 of the Criminal Procedure Act ) . Therefore, please be aware that even if the statute of limitations for wage claims has expired , if you file a criminal complaint within 5 years there is a possibility that you may receive unpaid wages during the settlement process, as in the case above .

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