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ESL Milk "Everyday
Joined: 12 Sep 2007
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 Posted: Fri Jan 25, 2008 3:16 am Post subject: Lawsuits by foreigners against other foreigners |
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Hello
I have a question about filing lawsuits against other foreigners in Korea. The reason I'm bringing this up is because I've been exposed to libel and harassment in the workplace in a very public situation in which my reputation was intentionally undermined with the children in a winter camp environment, and done so in writing because of a personal issue with a fellow teacher. I should mention that the teacher who did it is a foreigner.
This act interfered with my ability to command authority with the students. Does anyone have any idea about who I should contact or how I should go about pressing charges, or if I will even be able to? |
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Netz
Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"
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| Posted: Fri Jan 25, 2008 4:44 am Post subject: |
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You might as well try and bend steel bars with your mind.
Although it's possible.........well.
nuff' said |
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xtchr
Joined: 23 Nov 2004
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| Posted: Fri Jan 25, 2008 4:55 am Post subject: |
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| Just a query - are you American? |
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Ilsanman
Joined: 15 Aug 2003
Location: Bucheon, Korea
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| Posted: Fri Jan 25, 2008 5:12 am Post subject: |
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If the OP wins the case, the loser here is just another foreigner. They might care.
Then again, maybe not. |
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blurgalurgalurga
Joined: 18 Oct 2007
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guido
Joined: 13 Sep 2006
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| Posted: Fri Jan 25, 2008 5:37 am Post subject: |
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| reason 237 for me to hate the other foreign teachers in this country.......aaaaaaaaaaaaahhhhhhhhhhh...get me outa here...good luck with your lawsuit you spineless wanker |
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Julius
Joined: 27 Jul 2006
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| Posted: Fri Jan 25, 2008 5:56 am Post subject: |
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| Battle of da wagooks....U have ta laff.... |
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Bibbitybop
Joined: 22 Feb 2006
Location: Seoul
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| Posted: Fri Jan 25, 2008 6:01 am Post subject: |
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| guido wrote: |
| reason 237 for me to hate the other foreign teachers in this country.......aaaaaaaaaaaaahhhhhhhhhhh...get me outa here...good luck with your lawsuit you spineless *beep* |
What would the appropriate action be? Ignoring the situation and allowing someone to run over him? Physical violence? Vandalism or other illegal actions?
While suing people is overly used these days in some western countries, at least the OP is looking for a legal, peaceful way of dealing with the situation. It may not be the best way, but if that's the case, propose something better. |
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guido
Joined: 13 Sep 2006
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| Posted: Fri Jan 25, 2008 7:02 am Post subject: |
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| libel and harassment....gimmee a break or give me deatils at least...come on..what did this person say " you are a bad teacher".."you treat korean women badly"...i mean what could be so bad that it deserves a lawsuit....grow a spine and deal with it.....the ice age killed the dinosaurs and frivolous lawsuits will kill mankind...I love how in KOrea if you fall over on the sidewalk, its your own fault for being a gumby but back home, you sue the govt....people have lost it in this area...I know a few fukcers from back home waiting for a "payout" and they are mostly bogus.....Some chick said I had freckles on my pecker in front of a heap of others, I was embarrased...should I sue?...the irony is that her name is Sue....hahahahaha...get me outa here |
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Mr. Pink
Joined: 21 Oct 2003
Location: China
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| Posted: Fri Jan 25, 2008 1:07 pm Post subject: Re: Lawsuits by foreigners against other foreigners |
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| ESL Milk "Everyday wrote: |
Hello
I have a question about filing lawsuits against other foreigners in Korea. The reason I'm bringing this up is because I've been exposed to libel and harassment in the workplace in a very public situation in which my reputation was intentionally undermined with the children in a winter camp environment, and done so in writing because of a personal issue with a fellow teacher. I should mention that the teacher who did it is a foreigner.
This act interfered with my ability to command authority with the students. Does anyone have any idea about who I should contact or how I should go about pressing charges, or if I will even be able to? |
Here is the kicker: it was during a winter camp, which is a part-time gig. That right there should be your deterrent from wasting time and money suing someone.
Think of it like this: how far does your smeared reputation go? Beyond the camp? How is that possible?
Also liable is only successful when it isn't true. If they called you a bad teacher and you actually are one, well, isn't that just the truth? |
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Zaria32
Joined: 04 Dec 2007
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| Posted: Fri Jan 25, 2008 2:47 pm Post subject: |
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The previous poster is correct, at least in most western nations:
Truth is a complete defense to libel. But in addition to the libelous writing (or slanderous utterance) being untrue, you must also show, in western nations, that you actually suffered monetary damages (lost a job, had your pay reduced etc)
The one exception to this is such an outrageous slander or libel that it shocks the conscience...saying that a nun is a prostitute, or that the police chief robbed a bank etc... |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Fri Jan 25, 2008 3:58 pm Post subject: |
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Yes, but hier ist Corea.
Korean libel and defamation laws are much stricter than those in most Western countries. (Though even those vary from country to country: it's much easier to successfully sue for libel in the UK than in the US, for instance.) Truth is no defense, and the plaintiff need not prove any harm. Generally, the burden of proof is upon the defendant to show that the speech or writing in question was in the public interest.
An excellent overview of these issues can be found here: http://www.korealawblog.com/entry/joe_of_zen_kimchi_apparently_scot_free_or_is_he/ |
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oldfatfarang
Joined: 19 May 2005
Location: On the road to somewhere.
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| Posted: Fri Jan 25, 2008 5:47 pm Post subject: Re: Lawsuits by foreigners against other foreigners |
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| ESL Milk "Everyday wrote: |
This act interfered with my ability to command authority with the students. |
Calm down. Take a big breath. And re-read your statement above. I'm not sure about libel law in Korea (or if there are any laws here, anyway).
But in Western jurisprudence - I'm pretty sure that preventing someone from 'commanding authority with the students' - isn't an actionable offence.
I can just hear the lawyers now:
"Me Lud, this scoundrel prevented my client from owning the room etc."
Nay, Me lud, my client is shocked at the suggestion that he prevented this teacher from owning the room. He was, with best intentions, merely suggesting that ....... (insert any inane comment here).
Judge yawns - and thinks about the 20 year old hottie he's meeting later that day.
Case closed. |
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Ut videam
Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do
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| Posted: Fri Jan 25, 2008 6:21 pm Post subject: Re: Lawsuits by foreigners against other foreigners |
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| oldfatfarang wrote: |
| ESL Milk "Everyday wrote: |
This act interfered with my ability to command authority with the students. |
Calm down. Take a big breath. And re-read your statement above. I'm not sure about libel law in Korea (or if there are any laws here, anyway).
But in Western jurisprudence - I'm pretty sure that preventing someone from 'commanding authority with the students' - isn't an actionable offence. |
And Western jurisprudence has what exactly to do with Korean jurisprudence?
You admit that you are unsure about libel law in Korea. Instead of spewing ill-informed ddong, then, why not read the information about Korean libel law referenced in the post just above yours? |
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GoldMember
Joined: 24 Oct 2006
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| Posted: Fri Jan 25, 2008 6:37 pm Post subject: |
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My lawyer is bigger and badder than your lawyer. What happened to the days when men settled their grievences man to man instead of hiding behind lawyers.
So someone said bad things about you, poor diddums. Pathetic!
So someone has treated you like a weakling. I wonder why? |
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