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How to Legally Hammer your Hagwon Boss Into Submission
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Tobias



Joined: 02 Jun 2008

PostPosted: Fri Jun 26, 2009 11:10 pm    Post subject: Reply with quote

dmbfan wrote:
Quote:

--------------------------------------------------------------------------------

It depends on how he's going to go about doing it...Some methods are quick and painless, while others.....

Next time he threatens you with death:

1. Make sure you have a witness

2. Laugh in his face

3. Break out a bottle of Soju

4. Get drunk together

Problem solved



I'm serious. No jokes, eh?


Does one really have any options should ones boss threaten to take his/her life? It has happened.


dmbfan


I wasn't joking, Dave Mathews Band fan.
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rehab



Joined: 02 Jan 2009

PostPosted: Mon Jun 29, 2009 5:40 am    Post subject: Reply with quote

There are a few posts here mentioning the difficulty and hassle of suing your employer. I sued my employer for wrongful termination using Kangnam Labor Firm, and it wasn't a hassle at all. I was able to sign power of attorney over to Mr. Jung, and then I flew home the next day and he took care of it all. A few months later, I won the case and was awarded the full amount. With lawyer fees, I only took home 70% of it, but I figure it's 70% more than I would've received without him, since I don't know how fruitful my attempt to do it on my own would have been. I picked up my money when I returned to Korea, but I could've had it wired to me at home. My advice is to just hire the lawyer, don't let these shady hagwon owners get away with this @&#$
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Mon Jun 29, 2009 6:01 am    Post subject: Reply with quote

rehab wrote:
With lawyer fees, I only took home 70% of it

I filed my own small claims suits. Minus the filing fees, I took home 98% of the money. Why give a lawyer 30% of my money when I can do just as good ajob on my own. You don't need a lawyer for small claims court.

Criminal court or fighting illegal evictions or whatever, obviously a lawyer would be the way to go. For small claims, save your money. Seould Bar Association, Seoul Foreigners Help Center, Korean Legal Aid Corporation, they all have free legal services.
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Tobias



Joined: 02 Jun 2008

PostPosted: Tue Jun 30, 2009 12:53 am    Post subject: Reply with quote

Young FRANKenstein wrote:
...You don't need a lawyer for small claims court.

...


Unless you could get your small claim resolved during your departure extension, you would need a lawyer if you're not fighting on a tourist visa. But if you're fighting on a tourist visa, accommodations expenses will probably offset lawyer fees, unless you're crashing on a friend's couch during the court battle.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue Jun 30, 2009 1:20 am    Post subject: Reply with quote

Tobias wrote:
Young FRANKenstein wrote:
...You don't need a lawyer for small claims court.

...


Unless you could get your small claim resolved during your departure extension, you would need a lawyer if you're not fighting on a tourist visa. But if you're fighting on a tourist visa, accommodations expenses will probably offset lawyer fees, unless you're crashing on a friend's couch during the court battle.

No, just name a proxy and have them continue the suit while you are out of the country; basically, just someone to receive your court documents and to file other court documents in your stead, if necessary. Small claims courts do not require you to appear before a judge. The judge will make his ruling strictly on the basis of the filed documents. No testimony required. It is not at all like criminal proceedings.
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vincentmiser



Joined: 14 Jan 2009
Location: Everywhere

PostPosted: Tue Sep 22, 2009 1:30 am    Post subject: Reply with quote

So, having read all the horror stories here, I decided I should mention my case.

I have been working for a new hagwon in Dongtan New City. Just outside Suwon. I am the only foreigner. Since I arrived, they have gone through 3 Korean teachers. The latest one started here yesterday.

All in all, the place is ok. Few students, around 30, average pay, and small (tiny) but new apartment. I get paid 2.2 per month but Health insurance and overtime is a ghost that is not mentioned.
Now, these are nice people, as opposed to some of the drunkard bosses I have read about in this thread.

BUT, I am here to make money. I am not here to help you save money when starting out a new hagwon. I work 20 hours overtime every month, which should amount to 400 000. This isn't paid to me. And Health insurance isn't paid either.

Suggestions? Should I mention it? Risk turning an otherwise fairly pleasant situation bad? Or grin and bear it?
As I said, these are non-drinkers, but I still don't really trust many Koreans.

Feedback would be appreciated!

v
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Carla



Joined: 21 Nov 2008

PostPosted: Tue Sep 22, 2009 4:31 am    Post subject: Reply with quote

vincentmiser wrote:
So, having read all the horror stories here, I decided I should mention my case.

I have been working for a new hagwon in Dongtan New City. Just outside Suwon. I am the only foreigner. Since I arrived, they have gone through 3 Korean teachers. The latest one started here yesterday.

All in all, the place is ok. Few students, around 30, average pay, and small (tiny) but new apartment. I get paid 2.2 per month but Health insurance and overtime is a ghost that is not mentioned.
Now, these are nice people, as opposed to some of the drunkard bosses I have read about in this thread.

BUT, I am here to make money. I am not here to help you save money when starting out a new hagwon. I work 20 hours overtime every month, which should amount to 400 000. This isn't paid to me. And Health insurance isn't paid either.

Suggestions? Should I mention it? Risk turning an otherwise fairly pleasant situation bad? Or grin and bear it?
As I said, these are non-drinkers, but I still don't really trust many Koreans.

Feedback would be appreciated!

v


I would mention the overtime, just say something to the effect that you aren't sure why you aren't getting it. It could be the calculations. It depends on what your contract says about hours and such. Just get it out in the open, can't hurt, can only help.

Ok, insurance. You are getting screwed. If you are leaving immediately after this job and you manage not to get hurt, fall down, break a leg, get hit by a car, etc., then you aren't in that bad of a situation. If you plan on working anywhere else, as soon as your new employer signs you up for insurance, the insurance will say "Oh, you've been here a year, you owe us a year's worth of premiums." Remember, this is governmental insurance, not a choice. They will be taking around 700k out of your first paycheck to cover the previous year.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Sep 25, 2009 10:19 am    Post subject: Reply with quote

vincentmiser wrote:
So, having read all the horror stories here, I decided I should mention my case.

I have been working for a new hagwon in Dongtan New City. Just outside Suwon. I am the only foreigner. Since I arrived, they have gone through 3 Korean teachers. The latest one started here yesterday.

All in all, the place is ok. Few students, around 30, average pay, and small (tiny) but new apartment. I get paid 2.2 per month but Health insurance and overtime is a ghost that is not mentioned.
Now, these are nice people, as opposed to some of the drunkard bosses I have read about in this thread.

BUT, I am here to make money. I am not here to help you save money when starting out a new hagwon. I work 20 hours overtime every month, which should amount to 400 000. This isn't paid to me. And Health insurance isn't paid either.

Suggestions? Should I mention it? Risk turning an otherwise fairly pleasant situation bad? Or grin and bear it?
As I said, these are non-drinkers, but I still don't really trust many Koreans.

Feedback would be appreciated!

v



Since you have no health ins. chances are you are not going to get your pension either. Your return ticket and one month's severance pay are also in doubt.

You should discuss these items with your employer. But do so very calmly and with understanding.

If your figures are correct - only 30 students - and there are Korean teachers, one or more and the owner and you - then your school is losing millions of won per month and may not survive.

So, you are getting screwed, but your boss is losing as well and may not be able to pay. If you are getting you base salary paid on time be grateful. You should have all your documents ready and keep an eye open for a new job. This one sounds like it won't last. The longer you stay the more you will lose.
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dalem



Joined: 30 Dec 2008

PostPosted: Sat Sep 26, 2009 6:42 am    Post subject: Reply with quote

I have a great hagwon boss, and i have been generally happy with how things have been going. However, just this week, 2 kids came down with swine flu. We are not being paid for teh week we are not teaching here. I'm really not too concerned about it for me, but i know there are a couple other staff members at my school who have just got here and are pretty broke.

So my question is... is there a law saying they have to pay us on the swine flu off week? It's not so bad for just this one week (we still get paid chussok), but if it happens again this could become problematic.
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deadhead09



Joined: 16 Apr 2009
Location: hwagok

PostPosted: Tue Oct 20, 2009 4:45 am    Post subject: Reply with quote

not sure if this has been stated earlier... but i am getting worried. my director says that he needs to get rid of me. doesnt matter why. but we have spoken on two occasions about when i will leave. he will not give me straight answer. has just said both times i will tell you later. i am afraid that he is going to come to me last minute to tell me. "oh by the way this is ur last day."
isnt there labor law stating that owners must give foreign employees minimum termination notice? it is not fair to just be shown the door and time to leave now.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Tue Oct 20, 2009 5:36 am    Post subject: Reply with quote

there's a labor law stating that an employer must give ANY employee 30 days notice or 30 days pay in lieu of notice.
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pixykat222



Joined: 30 Jan 2009

PostPosted: Mon Oct 26, 2009 9:11 pm    Post subject: Reply with quote

Our hogwan recently switched owners, and we were told that the new boss would honor our contract. This was about a month ago, and we had been working at the old place for about 6 months. Just last week, a friend/fellow teacher (Korean native) told us that the boss was thinking about not honoring our contract. Her English isn't that great and after saying that she tried to back off and tell us not to worry, but the seed has been planted.

I guess my question is, what recourse do we have? It seems we more or less got laid off from our last position, and this new place has given us one paycheck so far, but we are closing in on our 1-year severance and (obviously) don't want to get screwed out of all the cash that's coming to us, that we have EARNED. They already didn't pay us last month's pension, their reasoning being that "on paper, you don't work for us." We're very afraid that if we ask to get a new contract on paper, that will be the straw that breaks the camel's back and they'll just say "OK we don't honor your contract, so go away, you don't work here anymore." Conversely, things could go 'fine' for the next 5 months and then the boss decides he doesn't want to pay us last month's salary + severance and say "OK we don't honor your contract, go away."

This experience has really tainted our view of Korea and we'd just like to know what we can do, if we have any legal options to take. We've always been great employees and quite frankly we're pissed that this is going on.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Mon Oct 26, 2009 9:26 pm    Post subject: Reply with quote

youre damned if you do and damned if you dont.

this is going to get messy since your new owner already believes you dont work for her so she doesnt have to honour anything - dont expect your end of contract payouts.

it's complicated situation that should have been dealt with before the change of owners took place. you may be in violation of immigration law since it was the previous owner who sponsored your stay in korea and your contract was with them.

call labor for advice regarding pay issues and call immi to figure out what needs/ed to be done to make the change legit. dont give your name or location if youre worried - just ask questions.

immi dial 1345
labor dial 1350 and 7 for english

you can also look here for more info:

http://www.molab.go.kr/english/main.jsp
http://www.immigration.go.kr/HP/IMM80/index.do
http://www.hikorea.go.kr/pt/main_en.pt
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yeti08



Joined: 04 Nov 2009
Location: Anyang - Pyeongchon

PostPosted: Mon Nov 16, 2009 11:01 pm    Post subject: Reply with quote

I am getting really frustrated with my boss in that I have been here more than weeks and still haven't gotten my physcial meaning I can't get my alien card, meaning I can't real internet, a bank account, a phone.......

I have tried just about everything from telling them multiple times a day to telling my recruiter.

What do I do?!

I am not afraid that I am going to have to pester them all the time for my money......love Korea, hate my bosses.
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deadhead09



Joined: 16 Apr 2009
Location: hwagok

PostPosted: Tue Nov 17, 2009 2:43 am    Post subject: Reply with quote

sounds like ur bosses are just lazy. stay on them and you will get the help you need. sometimes you have to treat these bosses like ur students. repetition and routine... repetition and routine. they will come around.
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