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niandralades
Joined: 11 Jun 2006 Location: incheon
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Posted: Tue Nov 20, 2007 7:40 pm Post subject: pension question (i looked in sticky but couldn't find....) |
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I worked in a hagwon last year and then went home for three months. I am back now and have been reading all about pension. I had asked my previous boss, while employed at his school, if I was entitled to pension and his response was that I was a freelance teacher so I wouldn't be getting pension. From what I now understand, this is incorrect. Is it possible to make a claim for my pension now, even though I am no longer with that school.
Thanks for any help. And sorry if this has already been covered... |
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Lostone7

Joined: 08 Jun 2006 Location: SE Asia
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Posted: Tue Nov 20, 2007 7:50 pm Post subject: |
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Key word Hagwon
So No!
most often it's just not paid so nothing to claim.
If your from one of the treaty countries then after this year you can claim for it and you will get both. But only if it was paid and your New company pays this year.
You should..............but like I said shoud....... no absoulutes.........get a pension statement in the mail every three months or so. It should tell you how much you have put in and how much your school put in.
Hope it helps
Good luck  |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Tue Nov 20, 2007 8:36 pm Post subject: |
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Your boss was supposed to have paid, so you're legally entitled to it. Contact the pension office. They'll make you pay your contribution and go after his. You'll get your and his contributions when/after you leave Korea.
One thing, however. I'm not sure about the statute of limitations on this. It seems though that it would be contradictory to have this pension program and if people were to come back later and claim they and their bosses weren't paying into it that they would ignore this.
The English line for the pension office is 02-2240-1083. Talk to them first. Don't know if they'll try to blow this kind of question off though. Might be better to go there in person. That way you can kind of force the deal. And in Korea, don't accept the first answer you hear if you don't like what you hear. |
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MarionG
Joined: 14 Sep 2006
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Posted: Wed Nov 21, 2007 12:59 am Post subject: |
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You need to contact the national pension office, not the regional. Regionals usually duff it. You will be required to pay YOUR share (4.5% of what you earned) and then they will make the school pay. If they tell you that you are an independant contractor, and therefore not entitled to pension, remind them that there is NO SUCH THING as an independant contractor on an E-2 visa. |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Wed Nov 21, 2007 4:48 am Post subject: |
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MarionG wrote: |
You need to contact the national pension office, not the regional. Regionals usually duff it. You will be required to pay YOUR share (4.5% of what you earned) and then they will make the school pay. If they tell you that you are an independant contractor, and therefore not entitled to pension, remind them that there is NO SUCH THING as an independant contractor on an E-2 visa. |
Yes.
Just a note. I don't think it's exactly 4.5%. It's a fixed amount according to the salary bracket. |
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niandralades
Joined: 11 Jun 2006 Location: incheon
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Posted: Wed Nov 21, 2007 7:06 pm Post subject: |
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thank you all for the info. |
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jangsalgida
Joined: 11 Jan 2006
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Posted: Wed Nov 21, 2007 7:36 pm Post subject: |
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Do you still have your contract? Does your contract state that you are an employee? I'm in a similiar situation, the labor ministry said I'm not a worker but I showed them my contract. They ignored me and said it's because of the way you were paid, I looked under article # 18 for the definition of wages 'any kind of payment' constitutes wages.
I explained this to them, they ignored me and the law. I will go back to the same office and file a new/same complaint. That is what I was told to do when I called 1350 from a land line phone and spoke with the labor ministry/office through an Interpreter.
Labor office/full-time worker = 15 hours per week.
The pension office = 80 hours per month.
The pension office is siding with the elementary public school that I didn't work enough hours per month. They first told me break times don't count, but then I learned that they do!
I will go to pension office next week, Jamsil/headquarters. |
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niandralades
Joined: 11 Jun 2006 Location: incheon
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Posted: Mon Nov 26, 2007 7:14 pm Post subject: |
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Sorry for not replying sooner...I do have my contract, and in it, I am referred to as an employee. Furthermore, my school was the employer. I'm still trying to make my way to the pension office and I hope to find something out in the next couple of weeks.
Keep my updated on your situation...and good luck! |
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