Article 43 of the Labor Standards Act sets four rules for paying wages. Wages must be paid in cash (currency), directly to the worker, in full, and at least once a month on a fixed date. A law or collective agreement may allow deductions or payment in kind, and bonuses for periods over a month are exempt from the monthly rule. Since the 7 April 2026 amendment, breaching Art. 43 carries up to 5 years in prison or a ₩50 million fine on the current text (Art. 107). In emergencies such as childbirth, illness or marriage, a worker can ask for wages already earned before payday (Art. 45). Pick your situation to see which rule applies.
1. In cash · directly · in full · at least monthly on a fixed day (Art. 43).
2. Only the listed exceptions — deductions by law or collective agreement; bonuses over a month and irregular allowances (Decree Art. 23).
3. Emergencies: wages already earned before payday — refusal is fined up to ₩10 million (Arts. 45, 113).
Checker
Updates as you choose. The verdicts set the articles beside your answers; they are not a legal ruling. The advance is our pro rata estimate (monthly pay × days worked ÷ days in period); the Act only says “wages for work already provided”.
The four rules
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 43(1) main text | Wages shall be paid in currency, directly to the worker, in full. | Three rules: currency, directly, in full |
| Art. 43(1) proviso | Where a law or collective agreement specially provides, part may be deducted or paid in something other than currency. | Work rules and contracts are not named (our reading) |
| Art. 43(2) | Wages shall be paid at least once a month on a fixed date, except temporary wages, allowances and the like, or wages set by decree. | The fourth rule |
Exceptions to monthly payment — Decree Art. 23
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Item 1 | Attendance allowances based on a period over 1 month | — |
| Item 2 | Long-service allowances for continuous work over a period beyond 1 month | — |
| Item 3 | Incentives, efficiency allowances or bonuses worked out over more than 1 month | Quarterly or half-year bonuses |
| Item 4 | Any other allowance paid irregularly | — |
Read the other way, paying the regular monthly salary in one lump every two or three months is not on the list (our reading).
Emergency advance — Art. 45 and Decree Art. 25
Under Art. 45, if a worker asks for wages to meet the costs of childbirth, illness, disaster or another emergency set by decree, the employer must pay wages for work already provided, even before payday. Decree Art. 25 lists the cases where the worker or someone living on their income:
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Item 1 | Gives birth, falls ill or suffers a disaster | A dependant’s illness can count |
| Item 2 | Marries or dies | — |
| Item 3 | Must go home for a week or more for an unavoidable reason | — |
The Act gives no formula. The checker shows our estimate: monthly pay × days worked ÷ days in the period. On ₩3,000,000 a month with 20 of 31 days worked, that is ₩1,935,483 (rounded down; our example).
Penalties
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Breaching Art. 43 (Art. 107(1)) | Up to 5 years in prison or a ₩50 million fine | Art. 109(2) was deleted on 7 Apr 2026; Art. 43 now sits in Art. 107 |
| Victim’s wishes (Art. 107(2)) | No prosecution against the victim’s express wishes, except for employers on the published wage-arrears list during that period | Added 7 Apr 2026 |
| Breaching Art. 45 (Art. 113) | A fine of up to ₩10 million | — |
| Time limit (Art. 49) | Wage claims under the Act lapse if not exercised for 3 years. | Claim unpaid wages within 3 years |
Interest on unpaid wages (20% a year) is in unpaid wage interest calculator.
Checklist
- ☐ Pay reaches you, in full, in currency
- ☐ Every deduction has a legal or collective-agreement basis
- ☐ Paid on a fixed day each month — bonuses and irregular allowances aside
- ☐ Birth, illness, marriage, death or a week-long trip home: you can ask early
- ☐ Unpaid wages: 3-year limit
Questions that remain
Does a bank transfer count as “currency, directly”?
Art. 43 does not mention transfers, and we did not read the ministry’s interpretations. The checker shows an own-name account as “no rule”.
Can my contract say losses come out of my pay?
The proviso names only “a law or collective agreement”; nothing in the article lets an employment contract authorise deductions (our reading).
Does reporting lead straight to prosecution?
Under Art. 107(2), not against the victim’s express wishes (except listed employers).
Sources
- Korean law database (law.go.kr) — Labor Standards Act Arts. 43, 45, 49, 107, 109, 113 — source (current text, effective 8 October 2026, Act No. 21533; checked 27 October 2026). Currency, direct and full payment and the proviso; monthly fixed-date payment; emergency advance; 3-year limit; penalties (Art. 43 five years/₩50 million, victim’s wishes and exception; Art. 45 ₩10 million).
- Korean law database — Enforcement Decree Arts. 23, 25 — source (effective 23 October 2025, Decree No. 35436; checked 27 October 2026). Four exceptions to monthly payment; three emergency cases.
- Not read. Ministry interpretations (transfers, consent to deductions), case law.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Ministry of Employment and Labor, local labour office — wage-arrears complaints.
Written on 27 October 2026. The content is from the source; the glosses are ours.
