[2026 Guide] Korean Labor Lawyer’s Guide: How to Reclaim Your Finances and Career After a False Accusation [LIBRO, English Speaking Lawyer]
Hello! I am a criminal defense and labor lawyer in Korea, dedicated to protecting the rights of the international community. 2026 Korean Labor Law Guide.
Receiving a “Not Guilty” verdict or a “No Suspicion” decision after a long battle is a monumental victory. However, the reality for many is harsh: massive legal fees, lost employment, and a tarnished reputation.
In this final post, we will explain how to reclaim your finances and career using the case of “Sasha,” a fictional engineer, while applying the specific legal standards and calculation logic found in actual Korean court decisions.
1. Reclaiming Trial Costs: “Cost Compensation” vs. “Criminal Compensation”
It is crucial to distinguish between these two legal mechanisms. If you were never detained during your trial, you apply for Cost Compensation.
1-1. Criminal Compensation (형사보상)
- Target: Defendants found not guilty who were detained (held in jail) during the investigation or trial.
- Amount: Calculated based on the number of days in detention (up to 5 times the daily minimum wage per day).
- Deadline: Within 3 years of knowing the final verdict, or 5 years from the date it became final.
1-2. Cost Compensation (비용보상)
- Target: All defendants found not guilty (regardless of detention).
- Scope: Travel expenses, daily allowances for court appearances, and attorney’s fees.
- Attorney Fee Logic: Courts use the state-appointed defense fee (approx. 550,000 KRW as of 2024/2025) as a base. Depending on the case complexity, the court can increase this up to 5 times the base rate per instance.
[Real Example] Sasha’s Award Calculation
In a case involving 11 total court appearances (7 in the first instance, 4 in the appeal), the court awarded the following:
| Category | Calculation Method | Actual Awarded Amount |
| Attorney Fees (1st Instance) | Base fee (550k) × 5 (Max multiplier) | 2,750,000 KRW |
| Attorney Fees (Appeal) | Base fee (550k) × 3 (Standard multiplier) | 1,650,000 KRW |
| Travel & Daily Allowance | 7 days (1st) + 4 days (Appeal) | 753,000 KRW |
| Total Amount Reclaimed | Reimbursed by the state | 5,153,000 KRW |
[Actual Decision: This document, which serves as the ‘concluding milestone of compensation’ after being exonerated of false charges, is the official form used by the court to order the state to pay criminal restitution.
The top of the document lists the case number (e.g., 2025ko…) and the claimant’s personal information. Most importantly, the ‘Order’ section specifies the final sum to be paid by the state, which includes the combined total of attorney fees and travel expenses incurred during the legal proceedings.
Rather than just a piece of paper, this decision carries legal weight to finalize financial restitution for the legal battle endured; the original copy then serves as the legal basis for formally requesting the actual payout from the Prosecutor’s Office.]
2. Reclaiming Your Job: Unfair Dismissal Remedy
Many employers fire foreign employees immediately upon a police report. If your case ended in “No Suspicion” or “Not Guilty,” you can fight back.
The Remedy Process
- Application for Remedy (부당해고 구제신청): You must apply to the Regional Labor Relations Commission within 3 months of your dismissal date. This is a strict deadline; missing it means you lose the right to file.
- The Remedy Order (구제명령): If the commission finds the dismissal was based on false charges, they will issue a “Remedy Order,” requiring the company to reinstate you and pay all back-wages.
- Evidence: The official Investigation Result Notice (showing No Suspicion) or the Court Judgment (Not Guilty) are your primary weapons to prove the dismissal lacked “just cause.”
3. Reclaiming Your Honor: False Accusation and Public Records
Suing for False Accusation (무고죄)
Suing your accuser is possible but requires proving specific intent.
- Requirements: You must prove the accuser reported a deliberate falsehood with the intent to have you punished.
- Note: A “Not Guilty” verdict does not automatically mean the accuser is guilty of a false accusation. It requires objective proof (CCTV, messages) that the accuser knew the claim was false at the time of the report.
Restoring Your Reputation
- Website Publication: Under Article 30 of the Criminal Compensation Act, you can request the Ministry of Justice to publish the summary of your Not Guilty verdict on their official website to help clear your name socially.
- Civil Damages: You may also file a civil lawsuit against the false accuser to seek compensation for psychological distress and financial losses (unreimbursed legal fees, lost income).
4. FAQ for Foreigners
Q: Does a “Not Guilty” verdict show up on my visa background check?
A: A Not Guilty verdict is not a criminal record. While the investigation history remains in internal police databases, it should not be a legal ground for visa disqualification. Submit your Finality Certificate (확정증명서) and judgment to Immigration to clarify your status.
Q: Can a future private employer see my previous investigation records?
A: No. Investigation and criminal records are strictly protected and are not accessible to private companies during standard hiring processes in Korea.
Q: How long does it take to get the money?
A: Once the court makes a compensation decision, you must apply to the corresponding Prosecutor’s Office for payment. Actual payment usually takes about 3 months after this final application.
Sasha’s Final Checklist for Recovery
- [ ] Obtain Court Documents: Secure the Judgment (판결문) and Finality Certificate (확정증명서).
- [ ] Apply for Cost Compensation: Submit the request to the court that issued the Not Guilty verdict.
- [ ] Address Unfair Dismissal: File with the Labor Commission within 3 months of the firing date.
- [ ] Update Immigration: Provide your acquittal documents during your next visa extension to ensure a smooth process.
Lawyer’s Advice:
In the Korean legal system, the truth does not always reveal itself automatically. You must be proactive in gathering objective evidence and exercising your rights. From reclaiming costs to restoring your career, don’t stop fighting once the verdict is read.
Protect your future. Reclaim your life.
This concludes our guide for navigating sexual offense allegations in Korea.
Attorney Seok Jun Kang
