Evidence to Keep for Unpaid Wages in Korea

Why Evidence is Important

When you have a problem with unpaid wages, strong evidence is your most important tool. It helps prove that you worked, how much you were supposed to be paid, and that you did not receive that payment.

Official bodies like the Ministry of Employment and Labor (MOEL) rely on clear evidence to investigate and resolve disputes. Without it, your claim may be harder to prove.

Key Documents to Collect

1. Employment Contract: This is the most important document. It should state your salary, payment date, working hours, and job duties. Keep the original and make copies.

2. Payslips or Salary Statements: These show how much you were paid in previous months. They can prove your regular salary amount and payment history. Keep all of them.

3. Bank Statements: Your bank statements show when and how much money was deposited into your account. These are crucial to show if payments were made or missed. Highlight the relevant transactions.

4. Work Schedules or Time Sheets: These prove the hours you worked. If you worked overtime, these documents are essential to show the extra hours. Keep records of your actual working hours.

Other Important Records

1. Communication with Your Employer: Keep copies of all emails, text messages, or chat app conversations with your employer about your work, salary, or any payment issues. These can show agreements or discussions about your pay.

2. Proof of Work Performed: Any documents that show you performed your job duties, such as project reports, completed tasks, or work logs. This can help prove you earned the wages.

3. Offer Letters or Job Advertisements: These might contain details about your salary or benefits that can support your claim.

How to Preserve Evidence

Make Copies: For all physical documents, make photocopies or take clear photos. Do not rely only on originals, as they can be lost.

Digital Backups: For digital evidence like emails or chat messages, take screenshots or save them as PDF files. Store these files in multiple places, such as on your computer, a USB drive, and a cloud storage service.

Keep a Log: Consider keeping a simple log of dates when payments were due and when they were received (or not received). Note down any conversations about pay, including who you spoke to and what was discussed.

Keep the evidence safe and accessible. A labor office may request some or all of it and may ask for other records depending on the disputed facts.

What to do step by step

1. Identify and collect all documents related to employment and wages.
2. Make physical and digital copies of all evidence.
3. Organize and safely store all collected records.
4. Keep a detailed log of payment dates and relevant communications.

What this guide assumes

• The worker has access to some form of employment records.
• The worker understands the importance of documentation.
• The worker is able to make copies and store digital files.

Example

Sophia, a foreign worker, realizes her last two paychecks are missing. She immediately starts collecting evidence. She finds her original employment contract and makes photocopies. She downloads her bank statements from the past year and highlights the missing payments. She also takes screenshots of her work schedule from the company's online system and saves all emails where she discussed her salary with her manager. She stores all these digital copies in a folder on her computer and also backs them up to a cloud service, ensuring she has proof ready.

Limits and cautions

• This guide provides general advice on evidence collection and is not legal advice.
• The specific types of evidence needed can vary depending on the unique details of your case.
• Collecting evidence does not guarantee a specific outcome for an unpaid wage claim.
• Always confirm the most relevant evidence types and submission methods with the Ministry of Employment and Labor (MOEL).

Frequently asked questions