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Labor Standards Act — Article 38 (Preferential Payment for Claims for Wages)

근로기준법 제38조

This English translation is based on the Korean text effective 2025-10-23. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Wages, accident compensations, and other claims arising from labor relations shall be paid in preference to taxes, public charges, or other claims except for claims secured by pledges, mortgages, or the security rights under the Act on Security over Movable Property and Claims on the whole property of the employer concerned: Provided, That this shall not apply to taxes and public charges which take precedence over the said pledges, mortgages, or the security rights under the Act on Security over Movable Property and Claims. <Amended on Jun. 10, 2010>

(2) Notwithstanding paragraph (1), any of the following claims shall be paid in preference to any claims secured by pledges, mortgages, or the security rights under the Act on Security over Movable Property and Claims on the whole property of the employer, taxes, public charges, and other claims: <Amended on Jun. 10, 2010>

1. The wages of the last three months;

2. Accident compensations.

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