Korea's Labor Inspectors Investigate Wage Arrears Directly From October 2 — What Changes for a Complaint and What Stays the Same
If you have ever filed a wage complaint with a labor office, you may have heard that "in the end a prosecutor directs the case." From October 2, 2026, that structure changes. With the amended Criminal Procedure Act taking effect, prosecutors lose their power to direct investigations, and labor inspectors will investigate wage arrears cases directly under the labor offices' own chain of command. That does not mean the whole complaint process is being rebuilt, so here is what changes and what stays as it is.
What changes is who directs the investigation
According to the Ministry of Employment and Labor, from October 2 labor inspectors will handle labor cases such as wage arrears, industrial accidents, and unfair labor practices without a prosecutor's direction. No new investigative power is being created; the system that directs investigations moves from the prosecution to the labor offices. Prosecutors shift to a cooperative role, offering guidance and advice when an inspector asks about a legal issue. Keep in mind that sending cases on to the prosecution does not disappear as a step.
The head of each regional office takes final responsibility
The Ministry says the Labor Inspector Investigation Rules, which take effect the same day, set out investigation principles, who directs investigations, and procedures and methods. The core point is that the head of each regional employment and labor office bears final responsibility for the labor cases in their area, with a department head assisting. An investigation manual has also been prepared so that handling does not vary by region. For someone filing a complaint, this means accountability sits with the institution rather than resting only on one inspector's judgment.
If you disagree with the outcome: the Investigation Review Committee
As a safeguard for fairness, an Investigation Review Committee will be set up at the Ministry headquarters and at the seven regional offices. It includes outside experts in investigation and law, checks whether investigations are lawful and appropriate, and reviews cases where a party has objected to an investigation result. The rules also put into writing an internal objection procedure so that a front-line inspector's judgment is not improperly constrained. However, the reports I checked do not spell out the deadline or method for filing an objection, so please ask the labor office that has your case.
A complaint and a criminal accusation are different things
The Labor Portal distinguishes the two. A complaint (jinjeong) asks that you be paid the wages you are owed, while a criminal complaint (gosso) asks that the employer be punished for violating the Labor Standards Act. If the goal is to get paid, file a complaint; if you also want punishment, file a criminal complaint. You can submit a complaint form for labor standards matters through the Labor Portal's civil-petition menu, or visit the customer support desk at the labor office with jurisdiction over your workplace.
The steps after a complaint stay the same
Under the Labor Portal's guidance, a complaint is supposed to be handled within 25 days, excluding Saturdays and public holidays. The period can be extended up to twice: the first extension is at the inspector's discretion, and the second needs the complainant's consent. The inspector summons both you and the employer to investigate, and if the complainant fails to appear twice or more, the case can be closed, so keep your appointments. If unpaid wages are confirmed, the employer is ordered to correct the violation, and only if the employer still does not pay does the case move to a criminal booking and investigation.
Where you may feel a difference is the criminal stage
The government's Life Law Information site says criminal complaints and accusations are investigated within two months of receipt and then referred to the prosecution, while the Labor Portal notes that the criminal investigation period can be extended under a prosecutor's direction. Because the party directing changes on October 2, this wording may be adjusted. The real question is whether wage cases get decided faster inside the labor offices, and that can only be judged after the change takes effect; there is no basis yet to say it will be quicker.
How prepared the field is, and the repeat-offender list
The Ministry says that eight of the twelve weeks of training for new inspectors are now a hands-on investigation school, where trainees handle 34 mock cases, built from an analysis of 3.16 million actual reports, from receipt to closing. A labor investigation education center is planned for next year. Separately, an employer whose conviction has been finalized two or more times within three years and who owed 30 million won or more within one year is named publicly for three years. The stiffer penalties starting October 8 are covered in cases where a settlement cannot avoid punishment, and if the company has shut down, see the substitute payment guide.
What to prepare before filing, in order
(1) Whether you file a complaint or a criminal complaint, evidence that you were not paid is the starting point. Gather pay stubs, attendance records, and messenger chats, and if you never had a contract, start with the rules on missing employment contracts. If you never received a wage statement, the post on filing over a missing wage statement may help. (2) Choose a complaint if the goal is money, or a criminal complaint if it is punishment. (3) File through the Labor Portal or the labor office with jurisdiction. (4) Do not miss a summons more than once. (5) If you object to the outcome, ask the labor office how to file an objection.
This post summarizes Ministry reports and Labor Portal guidance as general information and is not legal advice. Detailed procedures may change right after the change takes effect, so check the latest guidance on the Labor Portal and with the labor office before filing.
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