Undocumented and Unpaid:

You Can Still Claim the Wages You're Owed

Many undocumented workers who haven't been paid share the same fear:

what if reporting it gets me caught?

Isn't it safer to just let it go?

Employers know this, and many use that fear as a shield to avoid paying.

But here's what most people don't realize: immigration status

and the right to receive wages are two entirely separate legal matters.

1. Being Undocumented Does Not Erase Your Right to Claim Wages

The Supreme Court of Korea has ruled that foreign nationals without valid residency status

are still protected under the Labor Standards Act, as long as the fact that they worked can be confirmed.

The right to claim wages, including severance pay, holds regardless of immigration status.

Even if an employer threatens to report you to immigration authorities,

that threat does not release them from their obligation to pay you.

When an undocumented worker files a wage complaint, labor inspectors are not required

to report that worker's immigration status to immigration authorities.

A policy reform that took effect in 2025 formally established a pathway through

which undocumented workers can pursue wage theft remedies without risking exposure of their status.

There is no reason to give up simply out of fear.

2. A Step-by-Step Approach Can Get You Paid

The first step is filing a complaint with the Regional Labor Office under the Ministry of Employment and Labor.

At this stage, documentation proving that you worked is essential.

Bank records of wage deposits, attendance logs, text messages,

KakaoTalk conversations, or an employment contract will all do.

Even one piece of evidence is enough to get started.

If the Labor Office issues a payment order and the employer still refuses to comply,

the case moves to civil court.

Under a revised law that took effect in October 2025,

unpaid wages accrue interest at an annual rate of 20 percent,

even while the worker is still employed.

The longer an employer drags their feet, the more it costs them,

which means starting the process early works in your favor.

In many cases, once an attorney enters the picture as legal representative,

employers who had been making threats quietly pay up on their own.

3. If You're Already in Detention, Temporary Release Is an Option

Even if you've been placed in an immigration detention facility following a crackdown or a report,

there are still ways to resolve unpaid wage issues.

If a humanitarian reason is recognized, temporary release from detention may be granted.

Unpaid wages of one million won or more is one of the most commonly accepted humanitarian grounds for this purpose.

To apply, all fines must be paid in full and a deposit of up to twenty million won is required,

along with a detailed record of your employment history and the amount owed.

Labor inspectors visit detention facilities once every two weeks to provide consultations and accept case filings,

so make use of that service.

It is also worth knowing that choosing voluntary departure is treated far more favorably than forced deportation

when it comes to future re-entry applications, so collecting your wages before leaving voluntarily is a strategy worth considering.

In Closing

Unpaid wages are not something you should walk away from simply because of fears about your immigration status.

Your right to be compensated for your labor exists independently of your residency status, and the law is on your side.

The right approach depends on where you are in the process, whether that means gathering evidence,

filing with the Labor Office, pursuing civil litigation, or applying for temporary release from detention.

If you're facing a situation that's difficult to handle on your own, reach out to Maeil Law Office today.