Overdue wage(拖欠工资)

overdue wage

  I saw some English teachers in 'Hagwon' who worked but did not receive their paycheck. At first I could not understand why they did not seek any legal measure, since some of teachers had not been payed for several month. The reason I most frequently hear is that the teachers believed the employer saying it will be payed as soon as possible, and that they were afraid to arouse any legal issue in a foreign country. 

  According to Article 36 of the Labor Standards Act, if a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred. An employer who violates the provisions of Article 36 shall be punished.

  When you did not receive your paycheck after you leave the workplace, then you should first file a petition at the jurisdiction of the Ministry of Employment and Labor of your workplace. You can do it either by visiting the office or via internet. Labor board will investigate the employer and, if finds guilty, will send the case to the Public Prosecutors' Office.

  Along with this criminal procedure, you need to get 'certificate of overdue wage' from labor board, and file a civil suit using the certificate as a major proof. Lawyers in KLAC(Korean Legal Aid Corporation) helps filing a wage lawsuit for free.  

拖欠工资

  我知道几位在学院里教英语却没有拿到工资的老师。他们当中有一部分几个月没有拿到工资的情况也有，我刚开始不能理解他们为什么那么久没有拿到工资也不采取任何法律措施。我最经常听到的理由是老师们相信雇佣主说的会尽快给支付工资的话，或者是他们本身害怕在国外引起任何法律问题。

  劳动基准法第36条规定：劳动者退休的情况，雇佣主发生支付原因以后14天之内应该支付工资、保尝金、其它钱或者贵重品。违反第36条规定的雇佣主将会受到处罚。

  你如果离开职场以后没有得到工资的情况，首先应该去管辖职场的雇佣劳动部提交陈情书。你可以通过访问雇佣劳动部办公室或者通过网络陈情。劳动委员会调查雇佣主以后如果判断有嫌疑（罪）的话，会将事件移送给检查厅。

  与这样的刑事程序一样，你从雇佣劳动部收到“拖欠钱物凭证书”，应该把这作为重要的证据提起民事诉讼。大韩法律援助工团的律师免费帮助提起拖欠工资的诉讼。