Korean Job Discussion Forums

[Bibbitybop]

I started the other thread about the potential of getting sued for stating facts or an opinion on a website in Korea.

Now, it has happened:

http://metropolitician.blogs.com/scribblings_of_the_metrop/2007/05/help_liable_for.html

[thanks to the Marmot's Hole for the link]

[Adventurer]

[happeningthang]

Exactly. It's going to be VERY hard for someone to track you down from an anonymous online persona.

They'll have to petition Daves or whatever board for your email adress, and it it's hotmail, yahoo or g-mail then its a dead end.

Even if it's a trackable email adress, then they have apply to the provider, and then get to your home adress.

And then all you have to do is say is it's a shared account, a shared computer, or that you left your account up in an internet cafe.

It's impossible.

[spliff]

It's possible unless you're stupid enough to leave your back door open..

[mindmetoo]

The upside is damages awarded libel suits in Korea are chump change (based on the few news reports I've read). A few hundred bucks.

[RACETRAITOR]

If anybody asks, I'm an impostor who's stealing another guy's identity, so if you trace my username back to me, I won't know what you're talking about because I've never posted on here.

[Young FRANKenstein]

[Are they the lemmings]

OT, but here's another reason to protect your online anonymity.

[jinju]

[mack4289]

I hope this isn't a futile gesture but I've written an email to the Joong Ang Daily and the Korean Herald (couldn't access the Korea Times site), asking them to publish something about this story. The email addresses for these newspapers are [email protected], [email protected]. Feel free to copy and paste this and send it to these newspapers.

If you want things to be better for foreigners here, you need to put this story in your newspaper. The only way to ensure this kind of thing doesn't keep happening to English teachers here is to publicize stories like this as much as possible to embarrass people who treat foreigners so badly. If Koreans want to learn English, they have to be able to attract quality teachers. If someone who has done their job professionally and embraced Korea and its culture is treated so poorly, how will Korea be able to get those kinds of teachers to come here? Please go to this link to find out more:
http://metropolitician.blogs.com/scribblings_of_the_metrop/2007/05/help_liable_for.html

"
I want to start off by saying that I love Korea, and I have made it a goal these past few years to increase Korea�s esteem and prominence in the English speaking world through my web sites.

Yet there are some things that hurt my efforts to help Korea�s reputation. No, they�re not limited to North Korea, not Hwang Woo-Suk, not even Cho Seung-Hui. It�s the state of business and legal practices in the country, specifically when it comes to the corrupt hagwon system.

Yes, we know that there are warnings everywhere against Korea�s hagwon system. The U.S. Embassy even posted a warning against teaching English in South Korea. Yet despite all these things, nothing ever gets done to fix this nor acknowledge that this affects Korea�s reputation more than lone geneticists, lone gunmen, or lone football stars.

Having said that, I want to talk about my case. This is something that happens regularly in Korea but is rarely talked about in the media. I tried to document the procedures to help others who regularly go through the same thing. Since I documented the court and legal procedures on my web site, I am facing a criminal suit for defamation.

Now, I am no expert on the law. I did do very well in university courses on copyright and libel law, so I am fairly well versed in the American system. I was very careful about what I said and limited it to only factual events and what was written on court documents. No speculation. No bad mouthing. No calls to action.

As a warning to any foreigner thinking of defending himself on the internet when his employer steals money from him or screws him over in any way � don�t talk about it.

It is illegal.

Somehow, if an employer doesn�t pay you your wages or severance or takes money from your paycheck without explanation or agreeing to it � they can pretty much get away with it. Even if you win your case, there is little legal framework to force the employer to pay you.

Yet if you want to complain about it on the internet, which is often the only venue for us � it�s a crime.

Here are the details of my case, without any names mentioned.

APRIL 2006

I announce to my employer that I don�t intend to sign a new contract when my contract ends in June. She goes ballistic and holes me in a classroom for two hours screaming at me. She then calls my future employer and tells him what a bad employee I am, trying to convince him to reconsider hiring me.

Now, you would think I could get a defamation suit against her. Yet since my employer knew from experience the type of person she was, he ignored her. So I didn�t have any negative ramifications from that to prove in court.

I did tell a fellow teacher about her phone call, and he pulled a "midnight run" based on that information and what he knew she had done to other former employees.

JUNE 2006

I finish my contract. (I was the first foreigner to complete one.) I ask my employer about my severance and final paycheck. She says to come by the following week to get it.

I return. She again holes me up and screams at me and says that she doesn�t have to pay me because I told the teachers that she said bad things about me.

That weekend, she calls me at home and says she�s going to have me arrested for threatening her family�s life, something I definitely did not do.

She regularly calls my new employer, saying she�s coming with the police to have me arrested, only to not show up.

I file a complaint with the Labor Board.

JULY-AUGUST 2006

The Labor Board hearings are a circus. The official is cranky and overworked. My former employer regularly shows up very late. She goes on about topics unrelated to the case and creates wild accusations against me, like saying I stole a cell phone that she herself was holding in her hand. The Labor Board hearing goes on and on because of these distractions.

I start posting about my experiences so that others can see what the procedures are and how to protect themselves before and when these situations happen.

In August, I am awarded everything I asked for in my Labor Board complaint, totaling to around 6,000,000 won (you see, this wasn�t just about small money).

SEPTEMBER-OCTOBER 2006

I am somehow able to get the Korean Legal Aid Corporation to help me. They say that winning is easy but getting the money is difficult. We proceed to freeze the key money on the school�s building space.

FEBRUARY-MARCH 2007

The judge not only rules in our favor, he awards us 2,000,000 won more, bringing it to around 8,000,000 won.

She still refuses to pay.

A mother who signed her child up at my new school said she had come from my former school. The owner had said bad things about me to her, and the mother didn�t want her child in my class.

We proceed to freeze the assets inside the school. On the day the official puts the stickers on the school�s property, he tells us to come inside the school itself to sign off on it. We come there but just stand in the lobby. When we enter the elevator to leave, the school�s owner forces herself into the elevator and holds the button to keep the doors closed. On the first floor, I hold the button to hold the doors open and try to leave. She blocks my way and holds on to my wrist so tightly that a bruise shows up the next day (dang it, shoulda taken a picture of it too and reported it to the police, but I want this over as soon as possible). While she�s screaming at me with wide eyes, I calmly tell her to take her hands off of me, and I get out of the elevator.

APRIL-MAY 2007

The property inside the school is scheduled to be auctioned. At the last minute, the school�s owner deposits money with the court to appeal the auction � ironically the same amount she owes me and claims she can�t afford.

Things are quiet for a while as we wait for the argument of her appeal. Her appeal is so bad that my very serious girlfriend broke into laughter when she read it.

Nonetheless, I got a letter from the local Cybercrime division requesting my presence at the police station for questioning. I checked through all my entries regarding the school, and even though I think they�re safe in American law, Korean law is very different. I have taken everything regarding the school down. As of now, I have delayed the interview, saying that I don�t want to go in there without an attorney. I�m now looking for an attorney that I can afford (remember, I am still short 6,000,000 won).

The moral of this is to just BE CAREFUL WHAT YOU SAY.
Let me add to that: "...especially if you're a foreigner.""

[Rteacher]

6 million won is nothing compared to the $65 million an asswipe U.S. judge (representing himself) is suing a Korean couple living in Washington D.C. mainly because he didn't like the service he was getting a their dry cleaning business ... http://www.msnbc.msn.com/id/18471265/

[mindmetoo]

[mack4289]

[twg]

[Bibbitybop]