When a working teenager tells a parent "my boss won't pay me," the first worry is usually "what can a minor even do about this alone?" But Article 68 of Korea's Labor Standards Act states that a minor can claim wages independently, without a parent or legal guardian's consent. Here is the actual process you can walk your child through, from filing a complaint to receiving Korea's simplified wage-advance payment, laid out in the order the law and administrative process follow.

Minors can file alone — Article 68 of the Labor Standards Act

Article 68 states plainly: "a minor may claim wages independently." As a general rule, a minor in Korea can only take legal action, including filing a lawsuit, through a parent or legal guardian. Wage claims for work the minor personally performed are carved out as an exception to that rule. Korean court rulings have taken the same position: a minor's claim for wages arising from their own labor can be made alone, without a parent or guardian's consent. This is the legal basis both for filing a complaint with a regional labor office and, if needed, for filing a lawsuit.

Where and how to file

There are two ways to file. You can submit a complaint online through the Ministry of Employment and Labor's Labor Portal (labor.moel.go.kr), or visit in person the regional labor office that has jurisdiction over the workplace and file a written complaint or criminal complaint there. Online filing only requires identity verification through a phone registered in the teen's own name, so a minor can start the process even if a parent cannot come along. The complaint should specify the workplace's name and address, the dates worked, the exact amount unpaid, and the last day worked — the more specific the filing, the faster the investigation moves. It also helps to gather evidence that supports the fact you worked there in advance, such as pay stubs, bank deposit records, or text messages about the work schedule.

What happens after filing — the labor inspector's investigation

Once a complaint is filed, a labor inspector is assigned and investigates both the complainant and the employer. The inspector may interview each side separately or bring both together to compare accounts. The standard processing period is 25 days (excluding Saturdays and public holidays), so this is not an open-ended wait. If the investigation confirms unpaid wages, the inspector issues the employer a correction order, and if the employer pays at that stage, the case is closed.

If the employer ignores the correction order

If the employer still does not pay within the deadline set by the correction order, the case moves into a criminal proceeding. The inspector opens a criminal case against the employer, investigates, and refers it to the prosecutor. But actually recovering the wages is a separate track from the criminal penalty: the worker needs either a final court judgment or a Certificate of Confirmation of Unpaid Wages issued by the labor office before moving to the next step.

If the employer still cannot pay — the simplified wage-advance payment

Sometimes an employer is criminally penalized but simply has no money left to pay. Korea's system for this situation is the simplified wage-advance payment (called ganyi-daejigeupgeum, formerly known as soaek-chedanggeum). Once unpaid wages are confirmed by a final judgment or a Certificate of Confirmation of Unpaid Wages, the state pays the worker directly regardless of whether the business has gone bankrupt, and separately seeks reimbursement from the employer afterward. Part-time and hourly workers are not excluded from this system.

Deadlines and caps — one year, six months, 7 million won

Several deadlines apply to the simplified wage-advance payment. The worker must have filed a complaint over unpaid wages within one year of the day after leaving the job, and must file the advance-payment claim with the Korea Workers' Compensation and Welfare Service within six months of the date the Certificate of Confirmation of Unpaid Wages was first issued. There is also a requirement on the employer's side: as of the worker's last day, the employer must have operated the business for at least six months. The payment cap is up to 7 million won for the final three months of wages and up to a separate 7 million won for the final three years of severance pay, for a combined maximum of 10 million won. Since most part-time teens have worked under a year, severance pay usually does not apply, so in practice the relevant figure is almost always the 7-million-won cap on unpaid wages.

Being a part-timer does not put wages out of reach — common misconceptions

You can claim unpaid wages even without a written employment contract. In fact, failing to provide one is itself a violation by the employer, which only adds another ground for the complaint. Cutting pay because the job lasted only a few days, or because it was a probationary period, is not a valid reason either. Any workplace with at least one regular employee — a convenience store, a cafe, anywhere — falls under the Labor Standards Act, and the right to at least minimum wage still applies. If the process feels unfamiliar, you can call the Ministry of Employment and Labor's toll-free number, 1350, before filing, to explain the situation first. If checking working hours and the parental consent form before your child started the job was the starting point, this is the process for once work has already begun and the pay has not arrived.

Steps in order

1. Gather the dates worked, the amount unpaid, and the last day worked, then file online through the Labor Portal or in person at the regional labor office.
2. State the facts during the labor inspector's investigation, and once a correction order is issued, check whether the employer complies.
3. If the employer still does not pay, prepare a simplified wage-advance payment claim using a final judgment or a Certificate of Confirmation of Unpaid Wages.
4. Do not miss the two deadlines: filing the complaint within one year of leaving the job, and claiming the advance payment within six months of the certificate's issue date.
This matters especially for a child attending a school such as a specialized vocational high school, where field placements and early employment are common. And just as with the school safety mutual aid scheme, where missing the claim period means losing the right to claim at all, the moment you realize there is a problem is the moment to act. This article is a general procedural guide and does not guarantee the outcome of any individual case. For your specific situation, contact the Ministry of Employment and Labor (1350) or consult a certified labor attorney or lawyer to confirm the details.