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W School Law Suit?
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SosaT



Joined: 12 Feb 2007

PostPosted: Tue Feb 13, 2007 5:03 am    Post subject: W School Law Suit? Reply with quote

Have you not received any form of payment from the corporate office of W School? I know a few people including myself that did not get their pension payment. If you are in that category I and a few people are thinking about having a Class Action Law Suit vs W School's Corporate Office. Please PM me or give me.


If anyone has any advice on what can be done too that would be great. The owner from what I understand has filed for bankruptcy. Thanks!!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 13, 2007 5:14 am    Post subject: Re: W School Law Suit? Reply with quote

SosaT wrote:
Have you not received any form of payment from the corporate office of W School? I know a few people including myself that did not get their pension payment. If you are in that category I and a few people are thinking about having a Class Action Law Suit vs W School's Corporate Office. Please PM me or give me your e-mail address.


If anyone has any advice on what can be done too that would be great. The owner from what I understand has filed for bankruptcy. Thanks!!


Have you alrady filed your claim with the labor board? It will put you at the top of the creditors list during the bankruptcy. Pay attention to Article 37, subsection 2

Quoted from the labor standards act:

Article 37 (Preferential Reimbursement for Claim of Wages)
(1) Wages, severance pay, accident compensation and other
claims arising from employment shall be paid in preference to
taxes, public levies, or other claims except for certain claims
secured by pledges or mortgages as to the total property of an
employer; however, this shall not apply to taxes or public levies
which take precedence over pledges or mortgages.

(2) Notwithstanding the provisions of paragraph (1), the
claims which fall under the following subparagraphs shall be
paid in preference to any obligation, taxes, public levies and
other claims secured by pledges or mortgages as to the total
property of an employer: <Amended by Act No. 5473, Dec. 24,
1997>
1. Wages of the final three months;
2. Severance pay of the final three years; and
3. Accident compensation.

(3) The severance pay stipulated in the paragraph (2) 2 shall
be the amount which is calculated by the average wages of 30
days for one continuous work year. <Newly Inserted by Act No.
5473, Dec. 24, 1997>
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SosaT



Joined: 12 Feb 2007

PostPosted: Tue Feb 13, 2007 5:17 am    Post subject: Re: W School Law Suit? Reply with quote

ttompatz wrote:
SosaT wrote:
Have you not received any form of payment from the corporate office of W School? I know a few people including myself that did not get their pension payment. If you are in that category I and a few people are thinking about having a Class Action Law Suit vs W School's Corporate Office. Please PM me or give me your e-mail address.


If anyone has any advice on what can be done too that would be great. The owner from what I understand has filed for bankruptcy. Thanks!!


Have you alrady filed your claim with the labor board? It will put you at the top of the creditors list during the bankruptcy. Pay attention to Article 37, subsection 2

Quoted from the labor standards act:

Article 37 (Preferential Reimbursement for Claim of Wages)
(1) Wages, severance pay, accident compensation and other
claims arising from employment shall be paid in preference to
taxes, public levies, or other claims except for certain claims
secured by pledges or mortgages as to the total property of an
employer; however, this shall not apply to taxes or public levies
which take precedence over pledges or mortgages.

(2) Notwithstanding the provisions of paragraph (1), the
claims which fall under the following subparagraphs shall be
paid in preference to any obligation, taxes, public levies and
other claims secured by pledges or mortgages as to the total
property of an employer: <Amended by Act No. 5473, Dec. 24,
1997>
1. Wages of the final three months;
2. Severance pay of the final three years; and
3. Accident compensation.

(3) The severance pay stipulated in the paragraph (2) 2 shall
be the amount which is calculated by the average wages of 30
days for one continuous work year. <Newly Inserted by Act No.
5473, Dec. 24, 1997>



No I have not filed with The Labor Board yet. Do you have a link or someone that I can speak with? I know a lot of the Labor Board does not speak English well. Thank you so much.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 13, 2007 5:40 am    Post subject: Re: W School Law Suit? Reply with quote

SosaT wrote:
No I have not filed with The Labor Board yet. Do you have a link or someone that I can speak with? I know a lot of the Labor Board does not speak English well. Thank you so much.


Call them on 1350.

The website is: http://english.molab.go.kr/ .
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SosaT



Joined: 12 Feb 2007

PostPosted: Tue Feb 13, 2007 5:43 am    Post subject: Re: W School Law Suit? Reply with quote

ttompatz wrote:
SosaT wrote:
No I have not filed with The Labor Board yet. Do you have a link or someone that I can speak with? I know a lot of the Labor Board does not speak English well. Thank you so much.


Call them on 1350.

The website is: http://english.molab.go.kr/ .



Thank you so much! I will call them in the morning!!
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SosaT



Joined: 12 Feb 2007

PostPosted: Tue Feb 13, 2007 5:17 pm    Post subject: Re: W School Law Suit? Reply with quote

SosaT wrote:
ttompatz wrote:
SosaT wrote:
No I have not filed with The Labor Board yet. Do you have a link or someone that I can speak with? I know a lot of the Labor Board does not speak English well. Thank you so much.


Call them on 1350.

The website is: http://english.molab.go.kr/ .



Thank you so much! I will call them in the morning!!



I called the labor office and they told me that they can not help me. They gave me a phone number for the pension office. Either I did not understand her or is this true: She told me since I left Korea and came back that I can not get my pension. I never heard of that? I thought the pension stays there until you claim it.
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gsxr750r



Joined: 29 Jan 2007

PostPosted: Tue Feb 13, 2007 5:39 pm    Post subject: Reply with quote

Talk to the pension office. I believe you have 3 years to claim it, no matter if you leave or not.

When Koreans don't know the answer to something, they often make up their own answer and call it truth.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Feb 13, 2007 6:41 pm    Post subject: Re: W School Law Suit? Reply with quote

SosaT wrote:
I called the labor office and they told me that they can not help me. They gave me a phone number for the pension office. Either I did not understand her or is this true: She told me since I left Korea and came back that I can not get my pension. I never heard of that? I thought the pension stays there until you claim it.


My mistake... I thought you were talking about severance.

For PENSION information and to see if your contributions were made contact the pension office. I don't have the number handy but I think it is 02-2240-1114.

The website home page is at: http://www.npc.or.kr/eng/g_index.html

They are correct saying that you cannot collect your PENSION while you are in Korea. See section 3 of this page:
http://www.npc.or.kr/eng/enpsk.html?code=./enpsk/a06.html
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gsxr750r



Joined: 29 Jan 2007

PostPosted: Tue Feb 13, 2007 7:21 pm    Post subject: Reply with quote

Strange. I know a guy who entered into the private pension scheme of his university, and under those circumstances, they allowed him to withdraw his national pension. There was a thread about people doing this on efl-law.com
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Boodleheimer



Joined: 10 Mar 2006
Location: working undercover for the Man

PostPosted: Tue Feb 13, 2007 7:27 pm    Post subject: Reply with quote

gsxr750r wrote:
Talk to the pension office. I believe you have 3 years to claim it, no matter if you leave or not.

When Koreans don't know the answer to something, they often make up their own answer and call it truth.


is that from the date you leave korea, no matter how many years you've been teaching here?
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gsxr750r



Joined: 29 Jan 2007

PostPosted: Tue Feb 13, 2007 7:37 pm    Post subject: Reply with quote

KWhitehead wrote:
gsxr750r wrote:
Talk to the pension office. I believe you have 3 years to claim it, no matter if you leave or not.

When Koreans don't know the answer to something, they often make up their own answer and call it truth.


is that from the date you leave korea, no matter how many years you've been teaching here?


Not sure, but I think it was from when you stopped contributing! I just remember seeing it recently. Someone stated they had up to 3 years to claim it, and after that, it was gone.
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gsxr750r



Joined: 29 Jan 2007

PostPosted: Tue Feb 13, 2007 7:39 pm    Post subject: Reply with quote

Link:

http://www.efl-law.com/forum/viewtopic.php?t=625&start=25

Maybe the number of years is 5, not 3?
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SosaT



Joined: 12 Feb 2007

PostPosted: Wed Feb 14, 2007 5:33 am    Post subject: Re: W School Law Suit? Reply with quote

ttompatz wrote:
SosaT wrote:
I called the labor office and they told me that they can not help me. They gave me a phone number for the pension office. Either I did not understand her or is this true: She told me since I left Korea and came back that I can not get my pension. I never heard of that? I thought the pension stays there until you claim it.


My mistake... I thought you were talking about severance.

For PENSION information and to see if your contributions were made contact the pension office. I don't have the number handy but I think it is 02-2240-1114.

The website home page is at: http://www.npc.or.kr/eng/g_index.html

They are correct saying that you cannot collect your PENSION while you are in Korea. See section 3 of this page:
http://www.npc.or.kr/eng/enpsk.html?code=./enpsk/a06.html



I tried that number and I think the woman did not know what she was talking about or I could not understand her. She told me since I left Korea and I came back that I would not be elgible to receive my pension money that was owed to me.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Wed Feb 14, 2007 6:15 am    Post subject: Reply with quote

I don't think I would work for a W hagwon even if they paid me 4 million won a month. It is such a bad corporation. With my last boss she tried to weasel out of not paying my pension and health insurance and didn't for the first five months. Eventually, she deservedly went bankrupt.
She could have had a decent business. Greed and mismanagement are big problems with W corporation. If the W hagwon where you worked is still in operation you can get the money. I thank my lucky stars I no longer for anything with any W hagwon, and I cringe whenever I see what might be connected to that corporation or name.
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SosaT



Joined: 12 Feb 2007

PostPosted: Wed Feb 14, 2007 6:30 am    Post subject: Reply with quote

Adventurer wrote:
I don't think I would work for a W hagwon even if they paid me 4 million won a month. It is such a bad corporation. With my last boss she tried to weasel out of not paying my pension and health insurance and didn't for the first five months. Eventually, she deservedly went bankrupt.
She could have had a decent business. Greed and mismanagement are big problems with W corporation. If the W hagwon where you worked is still in operation you can get the money. I thank my lucky stars I no longer for anything with any W hagwon, and I cringe whenever I see what might be connected to that corporation or name.



When I worked for W the first 6 months was run by corporate. Then it was franchised out. The franchise paid me everything and treated me well. I would not blame all the franchises, but the corporate office is a mess. I do not work for them now, but still looking for my pension from them.
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