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