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Did I break the law?

 
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raketbaler



Joined: 14 Apr 2008

PostPosted: Wed Oct 28, 2009 11:23 am    Post subject: Did I break the law? Reply with quote

I'll try and keep this short.

I worked for a hagwon teaching kindergarten. The boss was an absolute lier and thief. The horror stories that give korean hagwons a bad name were all invented at this hagwon. So, I moved my stuff out over the weekend and on payday I text the owner saying I quit.

Many of the other teachers were either fired or quit. Eitherway the school wouldn't pay them their last paycheck. I got those teachers together and here's what we did:
-teacher A wrote out everything bad that the school does, from not paying last paychecks, no breaks, long hours, school lying about things, ect..
-korean teacher B translated the letter into korean. then a teacher A stuffed those letters into envelopes.
-three teachers then waited for the students to come out of school and then gave the letters to every kid telling them to take it to their parents. we did this for two reason, one because we knew the owner told the parents lies about why we left without saying goodbye to the kids and two, because we would love to see this place closed. Everything in the letter was the truth.

Anyway, I left the country the next day but the other teachers were called in by the police. In fact teacher B has to pay a fine. My question is, what law did we break? Everything in the letter was the truth and we never stepped foot on school property.
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ChrisGuy



Joined: 19 Oct 2009

PostPosted: Wed Oct 28, 2009 12:13 pm    Post subject: Reply with quote

Perhaps without solid proof of everything in the letter the boss could claim that it is slander?

Morally, I think you did the right thing. Kids deserve teachers to stay for longer, and employment laws should be held. Of course, im afraid that I dont know if you really broke the law.
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juchangok



Joined: 15 Jan 2009

PostPosted: Wed Oct 28, 2009 12:37 pm    Post subject: Reply with quote

I was thinking the same thing that it might be considered "slander". Eh who knows. From what you explained here, he deserved it.
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Goon-Yang



Joined: 28 May 2009
Location: Duh

PostPosted: Wed Oct 28, 2009 12:57 pm    Post subject: Reply with quote

You can be fined/chanrged for hurting his business. It doesn't matter if it's the truth or if you were on his property or not. If you come to Korea again make sure you find out if you're wanted for "questioning".

A lot of Korean laws are basically retarded. Slander/libel laws here do not match what they are back home.

If some drunk guy falls asleep behind your car and you back over him, you are the one at fault.

Same for hitting a pedestrian. Car vs. guy on bike/on foot. Car loses every time.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Oct 28, 2009 3:21 pm    Post subject: Reply with quote

Please post the name/location of the school and post it in the various blacklist sites on the net.

http://blacklist.tokyojon.com/


http://www.eslblacklist.com/
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Goku



Joined: 10 Dec 2008

PostPosted: Wed Oct 28, 2009 3:59 pm    Post subject: Reply with quote

Yeah it's consider libel.

Libel is against the law. Defamation laws are to prevent anyone from going out and hurting business. If anti-defamation laws DON'T exist then people could easily blackmail others.

For example, the teachers of a hagwon can tell the principal that if he doesn't pay them more, the teachers will tell everyone the hagwon has asbestos. Truth or not, this creates chaos and creates problems for the justice system. Which is why we have anti-defamation laws. We have them back in the States too.

Although, difference is (I'm not entirely sure of this so someone confirm it please) that Korean laws are much more protectionist on the welfare of businesses. They seem to stamp out libel and slander without taking it to court for proof. It's possible that like chrisguy said, if some of what was written isn't true, it's considered libel and therefore teacher B had to pay a fine.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Oct 28, 2009 4:22 pm    Post subject: Reply with quote

Earlier this year, a Korean court ruled that "The truth is a defense against a charge of libel/slander." Of course, they couldn't leave it at that. To be protected from prosecution, the person making the statement in question must ensure the statement meets two criteria:
  1. The statement must be true.
  2. The statement must be "for the betterment of society."
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Wed Oct 28, 2009 8:59 pm    Post subject: Reply with quote

CentralCali wrote:
Earlier this year, a Korean court ruled that "The truth is a defense against a charge of libel/slander." Of course, they couldn't leave it at that. To be protected from prosecution, the person making the statement in question must ensure the statement meets two criteria:
  1. The statement must be true.
  2. The statement must be "for the betterment of society."

You keep posting this, but it does not apply to every day citizens. It is for media and their ilk only. It is to protect the newspapers and TV stations from getting sued, not you and me.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Oct 28, 2009 9:14 pm    Post subject: Reply with quote

Young FRANKenstein wrote:
CentralCali wrote:
Earlier this year, a Korean court ruled that "The truth is a defense against a charge of libel/slander." Of course, they couldn't leave it at that. To be protected from prosecution, the person making the statement in question must ensure the statement meets two criteria:
  1. The statement must be true.
  2. The statement must be "for the betterment of society."

You keep posting this, but it does not apply to every day citizens. It is for media and their ilk only. It is to protect the newspapers and TV stations from getting sued, not you and me.


The news story I read did not state that the ruling only applied to the media.
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Gnawbert



Joined: 23 Oct 2007
Location: The Internet

PostPosted: Wed Oct 28, 2009 10:55 pm    Post subject: Reply with quote

Legal? Most likely not.
Awesome? Definitly!

I wanted to do this to my first school at times but ultimately did not
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Manuel_the_Bandito



Joined: 12 Sep 2009

PostPosted: Wed Oct 28, 2009 10:59 pm    Post subject: Reply with quote

Since you're not in Korea anymore why don't you post the name of the hagwon and the contents of the letter?
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Scouse Mouse



Joined: 07 Jan 2007
Location: Cloud #9

PostPosted: Thu Oct 29, 2009 12:33 am    Post subject: Reply with quote

Young FRANKenstein wrote:
CentralCali wrote:
Earlier this year, a Korean court ruled that "The truth is a defense against a charge of libel/slander." Of course, they couldn't leave it at that. To be protected from prosecution, the person making the statement in question must ensure the statement meets two criteria:
  1. The statement must be true.
  2. The statement must be "for the betterment of society."

You keep posting this, but it does not apply to every day citizens. It is for media and their ilk only. It is to protect the newspapers and TV stations from getting sued, not you and me.


Not true, and I am speaking from experience. I'm not allowed to say much more... yet Wink

In the OP's case, the problem comes down to proving that society benefitted more than the reputation lost by the hagwon owner. I would guess that this is a no win case.

If he loses the case, the truth becomes a partial defence. Any prison sentence or fine would be reduced if it could be proven that any allegations were truthful.
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jon_blaze



Joined: 12 Oct 2008

PostPosted: Thu Oct 29, 2009 2:17 am    Post subject: Reply with quote

Libel is the case they gave you. Korea is very protective of the business and not the consumer, which can be seen on how all businesses operate in Korea. So in order for it to not hold any weight in court, you'd have to have some really amazing evidence in order for them to not consider it 'illegal' and even then that's pushing it.
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raketbaler



Joined: 14 Apr 2008

PostPosted: Sat Nov 07, 2009 6:30 pm    Post subject: Reply with quote

Here's an update:

I guess teacher B (who translated the letter into Korean) now has to pay for a lawyer 2.0+ million wan, may have to pay a fine, and is also being sued by the hagwon owner. She thinks everyone involved should help her pay the fine. I don't know why she admitted to being involved. a Foreign teacher who's still at the school told me that the owner wanted to have me arrested for kidnapping!! I don't know how he can make that up. He's that crazy. I guess a lot of Americans are kidnapping Koreans and taking them back to the states. haha.
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