How long do you have to claim unpaid wages or severance pay in Korea? Labor Standards Act Article 49 says a wage claim under the Act lapses if not exercised for 3 years, and Article 10 of the Employee Retirement Benefit Security Act says the same for the right to severance pay. Under Civil Act Article 166 the 3 years run from when the right can be exercised — the day the money was due. A demand letter alone isn’t enough: Civil Act Article 174 says a demand has no interrupting effect unless you sue, attach or take similar steps within 6 months. Enter the date payable to get the completion date, and a demand date to get the 6-month deadline.
1. Wages and severance: 3 years each — LSA Art. 49, Retirement Benefit Security Act Art. 10.
2. The clock starts on the date payable (Civil Act Art. 166) — each month’s pay runs separately.
3. A demand letter only counts if you sue etc. within 6 months (Civil Act Art. 174).
Calculator
Updates as you type. Our method: the period starts the day after the date payable (Civil Act Art. 157) and runs 3 calendar years (Art. 160). We also show the one-day-earlier date in case the first day is counted. Only Saturdays and Sundays are moved; other public holidays are not.
The articles
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Labor Standards Act Art. 49 | A wage claim under this Act lapses by prescription if not exercised for 3 years. | Overtime, night, holiday and leave pay are wages under the Act, on our reading |
| Retirement Benefit Security Act Art. 10 | The right to receive severance pay lapses if not exercised for 3 years. | Art. 9: pay within 14 days of leaving |
| Civil Act Art. 166(1) | Prescription runs from when the right can be exercised. | Monthly pay starts a separate clock each month (ours) |
| Civil Act Art. 168 | Interrupted by (1) a claim, (2) attachment, provisional attachment or injunction, (3) acknowledgement. | A written admission by the employer may count as acknowledgement (ours) |
| Civil Act Art. 174 | A demand has no interrupting effect unless, within 6 months, there is a court claim, bankruptcy filing, summons for conciliation, voluntary appearance, attachment, provisional attachment or injunction. | Don’t send a letter and wait |
| Civil Act Art. 178 | Time already run is not counted; the period runs afresh from when the interruption ends — for a court claim, from when judgment becomes final. | The 3 years start again |
Civil Act Article 184 says the benefit of prescription cannot be waived in advance, and prescription cannot be excluded, extended or made heavier by agreement, only shortened or eased. So a contract clause promising “5 years to claim” would not extend the 3 years, on our reading.
Three sums — our example
| Case (our example) | Completes (our sum) | Worth noting (ours) |
|---|---|---|
| Pay due 23 October 2026 | 23 October 2029 | 22 October 2029 if the first day is counted |
| Severance due 10 November 2026 | 10 November 2029 (Sat) | 12 November 2029 (Mon) if Art. 161 applies |
| Demand letter on 1 August 2029 for the pay above | Sue etc. by 1 February 2030 | Needed for the interruption to hold |
How we counted: Civil Act Article 157 leaves out the first day for periods in days, months or years (unless the period starts at 0:00), and Article 160 counts years by the calendar, ending the day before the corresponding date. So pay due on 23 October is counted from 24 October and the 3 years end on 23 October. Because the right can be exercised on the due date itself, you could argue the first day counts; the calculator also shows the day before. Either way, acting before the earlier date is safer (ours).
Article 161 moves a period ending on a Saturday or public holiday to the next day. Whether that applies to prescription as such isn’t settled by the text alone, so the calculator shows it on a separate line.
Pay runs month by month; severance once
If pay for January to June 2026 is unpaid, there are six separate clocks. January’s ends first, so enter the oldest month’s due date (ours). Severance arises once on leaving; Retirement Benefit Security Act Article 9 says it must be paid within 14 days of the event, or later by agreement in special circumstances. Whether severance prescription starts the day after leaving or after that deadline isn’t stated in these articles; the calculator counts from the date you enter.
Late-payment interest (20% a year after 14 days) is in unpaid wage interest calculator; the severance amount is in severance calculator.
Checklist
- ☐ Find the due date of the oldest unpaid month
- ☐ After a demand letter, diary the 6-month deadline
- ☐ Keep any written admission of arrears from the employer
- ☐ Near the end, work to the earlier date
Questions that remain
Does a complaint to the labour office stop the clock?
Article 168 lists three grounds: a claim, attachment-type measures and acknowledgement. Which of these a labour complaint falls under isn’t stated, so we don’t say. If time is short, ask the Korea Legal Aid Corporation.
Is the money gone after 3 years?
Once complete, the employer can rely on prescription to refuse (ours). If the employer acknowledges the debt before then, Article 178 starts a fresh 3 years.
Sources
- Korean law database (law.go.kr) — Labor Standards Act Art. 49 — source (current text, effective 8 October 2026, Act No. 21533; checked 28 October 2026). 3-year prescription of wage claims.
- Korean law database — Employee Retirement Benefit Security Act Arts. 9–10 — source (current text, effective 18 September 2026, Act No. 21475; checked 28 October 2026). 14-day payment and extension by agreement; 3-year prescription of severance.
- Korean law database — Civil Act Arts. 157, 160, 161, 166, 168, 170, 174, 178, 184 — source (current text, effective 17 March 2026, Act No. 21454; checked 28 October 2026). Counting periods; start, interruption, demand and fresh running of prescription; no advance waiver.
- Not read. Case law; Ministry of Employment and Labor interpretations.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Ministry of Employment and Labor · Korea Legal Aid Corporation — complaint and court procedure, interruption.
Written on 28 October 2026. The content is from the source; the glosses are ours.
