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Labor Office Complaints and Labor Inspections: The Employer's Response

How a company responds, from the labor office hearing to corrective orders

A Regional Employment and Labor Office (노동청) investigation does not always stop at a single complaint. It can spread to the documents of the whole workplace. Before you appear before the labor inspector (근로감독관), review the complaint and your workplace documents together, so you can first sort out what can be resolved through corrective action.

Difference Between a Complaint Case and a Labor Inspection

TypeHow it startsScope of investigation
Complaint / criminal complaint case (진정·고소)A report by one workerCentered on the reported items. It may expand if other violations come to light during the investigation
Regular inspection (정기감독)The annual inspection plan of the Ministry of Employment and Labor (고용노동부)Document check of working conditions in general
Ad hoc inspection (수시감독)Specific industries or issues, or workplaces with repeated complaintsCentered on the problem area
Special inspection (특별감독)Serious accidents, public controversy, large-scale wage arrears or harassmentThe whole workplace; a high likelihood of a criminal case being opened

When You Receive a Summons

The labor inspector (근로감독관) calls the complainant and the employer, separately or together, to confirm the facts. The summons lists the documents to prepare. If a requested document is missing or inadequate, that in itself is a separate violation.

If you argue emotionally with the complainant during a confrontation interview (대질조사), the chance of a settlement disappears and unfavorable wording may be left in the record. It is better to decide in advance which points you will contest and which you will admit, and to give short, accurate statements.

  • Employment contract and worker roster (근로자명부)
  • Wage ledger, pay statements, and payroll transfer records
  • Attendance records, overtime and holiday work records, and worker consent forms
  • Annual leave grant and usage records, and written notices promoting leave use
  • Severance pay calculation and proof of payment
  • Rules of employment (취업규칙) and the record of their report being accepted (10 or more employees regularly employed)

Corrective Orders, Administrative Fines, and Criminal Cases

  1. Violation confirmedThe inspector determines the violated provisions and the amounts
  2. Corrective order (시정지시)An order to pay unpaid wages, prepare documents, revise rules, etc. within the set deadline
  3. Correction completedIf you report the results with supporting evidence, the matter is in principle closed administratively
  4. Administrative fine imposedIf the violation is not corrected, or is an item subject to an immediate administrative fine (과태료), the fine is imposed after advance notice
  5. Offense recognized and referred (송치)A criminal case is opened if a violation carrying criminal penalties was not corrected, or if it is repeated or serious

If you receive advance notice of an administrative fine, you can submit mitigating reasons within the opinion submission period. If you object to the imposition, the matter goes to a court administrative fine proceeding.

How to Resolve a Complaint Case Early

If the complaint amount is not disputed, the fastest way is to pay before the investigation date and obtain a withdrawal of the complaint. If only part of the amount is disputed, pay the undisputed part first and contest the rest with supporting materials. The inspector will then view the employer's attitude favorably.

If the complainant is a former employee, check whether allowances were calculated the same way for other current employees. A calculation error found through one person's complaint immediately becomes a wage arrears issue for all workers.

If you hint at disadvantages to the complainant, or say anything that interferes with their re-employment, as a condition of withdrawing the complaint, a separate legal problem arises. Where possible, make settlement contacts through a representative.

Items to Check Before a Labor Inspection

AreaWhat to check
Employment contractStating and handing over the required items (wage components, calculation and payment method, contractual working hours, holidays, annual leave)
WagesMinimum wage, overtime, night, and holiday premium pay, and the required contents of pay statements
Working hoursThe 52-hours-per-week limit, break time, and overtime agreements
LeaveAnnual leave accrual and use, pay for unused leave, and the leave-use promotion procedure
Rules and trainingReporting the rules of employment, workplace harassment provisions, sexual harassment prevention training, and disability awareness training

Frequently Found Violations and Sanctions

ItemBasisSummary
Failure to give a pay statementLabor Standards Act (근로기준법) Article 48(2), Article 116Administrative fine of up to 5 million won (500만원)
Failure to prepare or keep the worker roster and contract documentsLabor Standards Act Articles 41 and 42, Article 116Administrative fine of up to 5 million won (500만원) (contract documents must be kept for 3 years)
Failure to prepare or report rules of employment (10 or more employees regularly employed)Labor Standards Act Article 93, Article 116Administrative fine of up to 5 million won (500만원)
Failure to conduct workplace sexual harassment prevention trainingAct on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등법) Article 13, Article 39Administrative fine of up to 5 million won (500만원)
Paying below the minimum wageMinimum Wage Act (최저임금법) Article 6, Article 28Imprisonment for up to 3 years or a fine of up to 20 million won (2천만원)

In administrative fine cases, complying with the corrective order often ends the matter without a fine. But in cases carrying criminal penalties, such as wage arrears, minimum wage violations, and violations of the overtime limit, a criminal case can be opened regardless of whether the violation was corrected.

Employer Checklist Before Appearing

  • Ask the inspector for a copy of the complaint or a summary of its contents.
  • Organize the complainant's hire date, resignation date, and wage calculation details in a table.
  • If a requested document does not exist, prepare the reason and substitute materials.
  • Consider whether you can pay the amounts you admit before the investigation.
  • Check internally whether the same problem exists for other workers.
  • If the appearance date is difficult, contact the inspector in advance to reschedule.

Labor office complaints & inspections: frequently asked questions

The complainant is a former employee. Does a settlement end the matter?
Withdrawal of the complaint ends the complaint case. However, if another violation carrying criminal penalties, other than wage arrears, was found during the investigation, it may be handled separately from the withdrawal.
The labor inspector is telling me to bring all my documents.
Under the Labor Standards Act (근로기준법), the inspector has the authority to demand books and documents, and refusing without a justifiable reason or submitting false ones is subject to sanctions. If the scope of the request is vague, get the list in writing and prepare accordingly.
My company has become the subject of a special inspection.
A special inspection intensively checks the whole workplace in a short period, and a criminal case is likely to be opened. Right after the inspection begins, organize materials starting with the areas most likely to have violations, and channel your responses through a single point of contact.
I already paid an administrative fine. Will I also face criminal punishment?
An administrative fine is an administrative order penalty, while a penal provision means criminal punishment, so the applicable provisions differ. Even for the same facts, if there is both an administrative fine provision and a penal provision, each may apply.

Applicable law: Labor Standards Act (근로기준법), Act on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등법), Minimum Wage Act (최저임금법). Written based on the laws in force on 2026-09-17. This page provides general legal information and is not legal advice on a specific case. Labor laws and court decisions change often, so decide how to respond after consulting a lawyer who has reviewed your documents, such as your contract and any notices you received.

This page is an English translation of the Korean original. If the two differ, the Korean version prevails. Korean page ›

If you have received a summons from the labor office, contact us before the investigation

Check the date on the documents you received, such as a dismissal notice, pay slip or industrial accident decision, and contact us. We will first explain which procedures are still open to you within the remaining time.

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