Korean Job Discussion Forums

S3raph1m · Joined: 06 Mar 2017

So, my friend and I work at a Hagwon, and want to quit. Our boss hasn't been paying us on time and we're tired of late pay checks. I read this on this website: http://www.worknplay.co.kr/index.php/article/korean-labor-laws/mod/article/act/showArticle/art_no/176

"Your employer must pay you at least once a month on the same day stipulated in your contract.
If your employer is late or if he/she forgets a few hundred thousand KRW owed, he/she is breaking your contract and the code of conduct set forth by the Labor Standards Act. That’s a criminal activity. You can claim damages and can terminate the contract immediately. This applies to any conditions expressed in the contract that are different from actual conditions."

We'd still like to work in Korea and want to take up a job somewhere else. What would we need to do? Can we terminate the contract and go find a job somewhere else immediately? Do we need a letter of release? Are we going to face any problems? Our contract ends in June and we don't want to stay another 5 months, but we also don't want to have to leave Korea for those 5 months. I'm wondering, since my employer is violating our contract, if we can go to immigration or something and terminate the contract, then go get another job no problem.

PRagic · Joined: 24 Feb 2006

TTompatz will have the difinitive answer, but as far as I know, if you want to find another job here after quitting without leaving the country and without having to redo all your paperwork and documentation (e.g on an D-10 visa), you'll need the letter of release. And from the sounds of it, they probably won't provide one.

There might be an exception should you take them to the labour board, but, again, I'm fuzzy on all this. Wait until TTompatz sets you right lol...

S3raph1m · Joined: 06 Mar 2017

The sucky thing is this job was so great until about three months ago (I've been here for 8 months now). I still love the job itself. The work environment is really positive and there's no micromanagement. It's just the wages issue. The bosses even took me along on their family vacation a few months ago and gave me tours of several historical sites around Korea. I'm wondering if it's more of a financial issue (maybe they'd give me the letter of release if that's the case). But tbh, I really don't care if it's a financial issue. I can't be not getting paid on time constantly (they owe me a month and a half of wages). I think this is a failing Hagwon.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

IF they are more than 10 days late then you can file a complaint at the labor board.

The labor board can release you (if you have a legitimate complaint under labor law) so that you do not need a letter of release from the employer thus allowing you to change jobs or switch to a D10 visa without leaving the country.

Just quitting and looking for a new job is problematic at best and often can border on not possible.
IF you do not have grounds under labor law then look at China until your ARC expires.

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S3raph1m · Joined: 06 Mar 2017

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

S3raph1m · Joined: 06 Mar 2017

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

Do what you want but be prepared to change countries on short notice if things don't work out for you. This isn't home. Have a plan B and C in your back pocket.

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S3raph1m · Joined: 06 Mar 2017

Jeez. Ok, thanks. Duly noted. We will be prepared to switch countries if this doesn't work out. Although I'm kind of tempted to just finish out the contract since it's only 4 more months at this point. He says he'd pay us all he owes us on Friday. We'll see, I guess.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

In Korea, leaving your employment and the consequences thereof are not much different than if somebody who is in YOUR home country on a work visa quits their job.

Usually they would, upon quitting or being terminated, have a short time (days or a few weeks) to wrap up their affairs and then have to leave the country.

The laws regarding foreign labor here were largely modeled on those in the west - primarily the USA.

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S3raph1m · Joined: 06 Mar 2017

I'm not bashing Korea, if that's what you think. Most of the USA is trash outside of the little bubbles I dig like Austin, Portland, Seattle, Denver, and San Francisco. I like Korea and would like to stay for a bit. Just not happy about my employers not paying me.