(1) If a business owner falls under any of the following subparagraphs, an employee may file a claim with the court, seeking payment of an amount not exceeding three times the amount of wages, etc. payable by the business owner:
1. Where the business owner fails to pay all or part of his or her wages, etc. (excluding the benefits defined in subparagraph 5 of Article 2 of the Act on the Guarantee of Employees' Retirement Benefits; hereafter in this Article the same shall apply) by explicit intention;
2. Where the number of months in which all or part of wages, etc. is not paid in one year is at least three months in total;
3. Where the total amount of unpaid wages, etc. corresponds to at least three months' worth of ordinary wages.
(2) The court shall take the following matters into consideration in determining the amount under paragraph (1):
1. The period, circumstances, and frequency of delayed payment of wages, etc. and the amount of wages, etc. in arrears;
2. The extent to which the business owner has made efforts to pay wages, etc.;
3. The amount of overdue interest paid under Article 37;
4. Property status of the business owner.[This Article Newly Inserted on Oct. 22, 2024][Enforcement Date: Oct. 23, 2025] Article 43-8