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korean pension law
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fj007



Joined: 21 Jan 2008

PostPosted: Wed Apr 02, 2008 10:45 pm    Post subject: korean pension law Reply with quote

so my hagwon director says that she won't pay my pension even after showing her documentation off the canadian ambassy website saying that all Canadians must pay into the pension, and schools must match it. she claims that there is a korean law for private schools (hagwons) that owners can choose to follow that makes them not have to pay pension. is this at all true, or am i being given the shaft here? also, if it is true, then where can i see a copy of it?
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tob55



Joined: 29 Apr 2007

PostPosted: Wed Apr 02, 2008 11:43 pm    Post subject: Wrong Reply with quote

Your Hagwon owner is following the lying logic routine thinking that your will swallow the bait, hook, line and sinker. It is labor law that they must pay your pension. The only way around it is to lie and deceive someone at the tax office which leads me to believe they are hiding a lot more than your pension money that they should be contributing for you. You should check with the tax office or labor board on this. Not sure what the links are. Good luck in resolving this issue.

Last edited by tob55 on Thu Apr 03, 2008 12:33 am; edited 1 time in total
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Apr 03, 2008 12:10 am    Post subject: Re: korean pension law Reply with quote

fj007 wrote:
so my hagwon director says that she won't pay my pension even after showing her documentation off the canadian ambassy website saying that all Canadians must pay into the pension, and schools must match it. she claims that there is a korean law for private schools (hagwons) that owners can choose to follow that makes them not have to pay pension. is this at all true, or am i being given the shaft here? also, if it is true, then where can i see a copy of it?


She is lying. All foreign employees are required to be enrolled in the NPS pension plan. The exemption she is talking about was phased out in 1999.
http://www.nps.or.kr/jsppage/english/main.jsp . Call the pension office at 1355.

There are a couple of exceptions (like South Africans) who do not have to enroll in the pension plan.

You must also legally be enrolled in the national medical plan and she is required by law to pay 50% of your premiums.
http://www.nhic.or.kr/eng/ (currently premiums are 5.08% of your salary split 50/50)

You can also probably bet that you are NOT being taxed correctly. On a salary of 2.2 mil you should only be paying about 40k won per month (about 1.81%).

http://www.nts.go.kr/eng/help/help_52.asp?top_code=H001&sub_code=HS05&ssub_code=HSE2

.
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Suwon23



Joined: 24 Jan 2008

PostPosted: Thu Apr 03, 2008 12:16 am    Post subject: Reply with quote

I tried to PM you, ttompatz, but it wont let me until I make 25 posts (btw, what the hell kind of rule is that? "You don't spam enough?" Bizarre). I know for a fact that my employer is charging me more like 3% tax, and all the other foreign teachers at my hagwon think this is perfectly normal, so I can't rely on them for any help (plus, coming from a 15% rate back home, they probably don't care). My question is, how can I possibly get my employer to tax me the proper rate? If he says "No, I'm taxing you as much as I damn well please," there doesn't seem to be anything I can do. Help!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Apr 03, 2008 12:21 am    Post subject: Reply with quote

Suwon23 wrote:
I tried to PM you, ttompatz, but it wont let me until I make 25 posts (btw, what the hell kind of rule is that? "You don't spam enough?" Bizarre). I know for a fact that my employer is charging me more like 3% tax, and all the other foreign teachers at my hagwon think this is perfectly normal, so I can't rely on them for any help (plus, coming from a 15% rate back home, they probably don't care). My question is, how can I possibly get my employer to tax me the proper rate? If he says "No, I'm taxing you as much as I damn well please," there doesn't seem to be anything I can do. Help!


The links and phone contacts are in the post above.

You have 3 choices:

1) file formal complaints and see it through to the bitter end.
2) bite the bullet and get out the lube.
3) leave - Japan and Taiwan are always there.

There are no other real choices
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Lekker



Joined: 09 Feb 2008
Location: Seoul

PostPosted: Thu Apr 03, 2008 1:26 am    Post subject: Reply with quote

Your boss is full of the greasiest, stinkiest, most rotten sh*t that has ever existed. Go back to her, politely, and tell her that you disagree with what her interpretation of what the rules are. She is required to pay into your pension whether she likes it or not.

Go to the Pension Office. Tell them about what she thinks of the law. She will quickly change her mind and look at you in a whole new light once she realizes that you aren't as ignorant as she thinks you are.

My former boss fired me when I asked him about my pension which he wasn't accurately reporting my income to the Pension Office. He quickly apologized to me once I reported him to the Pension Office who in turn reported him to the Labor Board.

Go for it. What have you got to lose? Your job? She will be forced to pay you, or at least pay you off, then you can apply for a much nicer job. There are plenty available right now, run by people who don't want to pocket your money and lie to you about it.
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fj007



Joined: 21 Jan 2008

PostPosted: Thu Apr 03, 2008 2:10 am    Post subject: pension info. etc. Reply with quote

ok, thanx 4 the info...i knew it was a bigus law...she just wanted to lead me off and hope that i wouldn't bring it up again.

i could approach her abt it..should actually, and tell her the real deal. only thing is, it's a bit sticky 4 me.

at worst, if they fire me, they hold the key $ for my apt. (which i would wanna keep.), although i will be able to put either my own key $ down, or get my new school to do it. also, i'm unsure of the new visa laws applying to canadians in korea already. if i sign w/ another school, i just don't wanna have to go back to canada, or even japan for that matter, unless that is unavoidable, then so be it.

i'm guessing if they take back the key $, there will be sum kinda penalty as the lease is prolly in the schools/director's name. i may havta bite that bullet and pay for the release of the apt. to me.

so, basically i'm just trying to figure out what to do. i don't wanna drag it out, but i'm not inclined to suck it up and get short changed ya know? just looking for a concrete solution.

is there a korean labor law that says u onl;y have to give 30 day notice...my contract says 60...i only ask b/c if i bring up all these legal matters w/ my director i may as well bring up the amt of notice i'm supposed to give.

plus, if she pays up my pension, reduces my tax rate etc...things will be tense around here until my contract is up.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Thu Apr 03, 2008 3:02 am    Post subject: Reply with quote

She can honestly withhold as much tax as she wants. Just confirm that she is actually paying that much to the tax office and you can get a refund. Yeah, it's more annoying, but we deal with that all the time at home.

KPRROK
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Thu Apr 03, 2008 4:55 am    Post subject: Reply with quote

Go directly to tax office and find out if you are registered. This happened to me. I am waiting to see what happens at tax office before I move on to the pension office. He owes about 3 years worth of taxes not to mention the teacher or teachers before me! Mad
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu Apr 03, 2008 10:25 pm    Post subject: Reply with quote

"She can honestly withhold as much tax as she wants. Just confirm that she is actually paying that much to the tax office and you can get a refund. Yeah, it's more annoying, but we deal with that all the time at home. "

Come again?
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Zaria32



Joined: 04 Dec 2007

PostPosted: Thu Apr 03, 2008 11:00 pm    Post subject: Reply with quote

By the way, there's an exception to the "must pay pension" rule, although there aren't many of us to whom this exception applies. I finally have a boss will to pay pension, and guess what? I'm not eligible, because I'm over 60...
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luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Fri Apr 04, 2008 3:10 am    Post subject: Reply with quote

The same thing happened to me. Here's an older post on what I found out from my local pension office.

http://forums.eslcafe.com/korea/viewtopic.php?t=105605&highlight=
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thetraveler



Joined: 24 Mar 2008

PostPosted: Wed Apr 09, 2008 11:48 am    Post subject: Reply with quote

So if the contract/school isn't including pension, you all suggest finding another contract/school??
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luv2dance79



Joined: 01 Jun 2007
Location: Suwon

PostPosted: Wed Apr 09, 2008 4:09 pm    Post subject: Reply with quote

thetraveler wrote:
So if the contract/school isn't including pension, you all suggest finding another contract/school??


Yes, absolutely! If they are cheating you out of pension they will most likely continue to cheat you in other ways, like taxes and insurance. Also, these same bast**ds are most likely the people who will fire you for no reason with two months left in your contract...just to avoid paying severence.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Wed Apr 09, 2008 7:02 pm    Post subject: Reply with quote

Does the 1355 number still work? I tried to call it, and I just a Korean automated voice going on and on. Where is the option for English?
Someone told me to call this number: 02-2240-1082, and no one answers that number anyway. I suppose I will have to go in person.
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