Korean Job Discussion Forums

[CheeseSandwich]

So I just got back from my second trip to the labor board in my quest to be paid for my last month of work.

The first trip was to just file my complaint.

This trip was to actually tell my story and present the documents that prove I haven't been paid.

Unfortunately, the Korean pal I was going with had an illiness in the family last Sunday and was unable to go. He did type up my story in Korean and told me to call him if i had trouble.

So I handed my documents and he read over my story, I answered some questions in simple English and Korean. It was pretty cut and dry, I showed him my contract and then I showed him my bank books, ciricling all the times I was paid and noting the lack of payment for August.

Then my old boss showed up. Here is where I wish I had my friend with me. They talked for about 30 minutes with my boss answering questions occasionally sounding rather frustrated.

After ward I was told there would be another hearing at the end of the month. The Labor Board worker basically told me either they'd have to pay me or face a fine. Now I'm sure this is a huge translation error but he said it could be as low as 10% of salary, which doesn't sound like much of a penalty.

After that my boss was outside in the parking lot waiting for me wanting to cut a deal. He offered me 1.8 million won if I dropped the complaint and saved us all the hassle. I told him I'd need atleast 2 million to consider it. He said he'd have to ask his boss and get back to me.

Honestly I'm thinking about taking the 2 mill, I'd lose out on about 400 dollars because I'm so annoyed at the whole process and the time consumed it would actually be worth it to me to just take the money and have it over.

On the other hand, he seems to be running scared if he suddenly wants to cut a deal.


What do you kids think about the situation.

[Ramen]

Hell no! Don't take the money (2 mil).

It'll be just as annoying to your boss as you are if not more.

You should keep at it until he gives up and offers you more money.

[CheeseSandwich]

[nathanrutledge]

Maybe I missed the first part of the story...

Are you still working for this guy? Does he have a reason for not paying you?

If you're still there, then what's to prevent him from not paying you again? He's effectively cut your pay if he does this every month.

If he has a reason, maybe you should go with it. Money's tight, it may be better to take what you can get now instead of him going completely belly up later and getting nothing.

[CheeseSandwich]

[Hotwire]

Take the 1.9 / 2 mil.

Less hassle all round. Refuse the offer and make him lose face and he'll opt for the fine and will make non payments etc and drag it out fr as long as he can.

Just write it off and put it down to misadventure or soemthing.

Study up on Asian law and hpw it;s diff from Western.

In a lot of cases there just isn't a clear cut right person and wrong person like back home, but rather they try to come to a judgement where everyone saves face etc...

[OculisOrbis]

Dont accept the offer. He's making it because he's going to lose and he doesnt want a negative record at labor. Once an employer gets enough legitimate complaints by employees at the labor board, they can be disallowed from hiring future foreign teachers.

Pursue what is owed to you and get it. In the process, you'll also be helping FT's who have a problem with that same employer in the future by creating a negative history for him with the labor board.

Labor board rulings are more like suggestions so your employer could refuse to pay you - but usually they do. It's not your unpaid salary OR the fine, it will be your unpaid salary PLUS a fine that he will be ordered to pay if he dicks with the labor ruling. If he refuses, you file at small claims court and then if he still refuses to pay (judges normally follow the labor boards determination) the court will seize and sell off assets to cover your bosses debts to you.

At your next labor meeting, the labor agent may present your bosses offer and give you a paper to sign to accept it. You DO NOT have to accept it. As was stated before, they may try to find a way to let your boss save face, but screw that and get it all.

[Forest]

[mm]

I'd take the offer, as you said, your boss could drag it out. My friend had a similar story, he went to the labor board, the labor board ruled in his favor and ordered the boss to pay. The boss claimed he didn't have any money and started paying in installments but stopped 700,000 won short. This was a year ago and despite numerous trips to the labor board office, my friend is yet to see the remaining 700,000 won. The boss also did the same thing with the Korean english teachers.

[Forest]

[Hotwire]

If you want the money now then take the offer.

I have found when I've (twice) had directors try to screw me out of money they have either -

1. Caved in once I said I'd visited the Labour Office and paid in full.

2. If they don't cave they are going to make it very hard for you. The one that did this to me - I still didn't have my 2mil 6 months later whe I eventually left for other reasons. Another friend waited a year. Another friend of a friend the Labour board ruled in her favour and she ever saw a dime and we both saw the a'hole playing high stakes baccarat at the walker hill casino in Seoul....

Just think if you want the dough now or in a potential 6 months - a year later.

For the sake of 400 I'd just take the 2 mil, get drunk and do a crap on the guy's car bonnet one night or something for revenge and move on and scope out my next employer thoroughly before taking a next job.

If Forrest has experience in the matter, then by all means listen to the guy.

But essentially it boils down that for the sake of 400 you might be waiting months on that money....

It's not right and it's not okay Whittney.

But it is Korea.

[kiwipenny]

I'd at least get your korean friend to call in and ask to speak to the person who is handling your case and get it translated perfectly for you...
if they DID say you might only get 10% then I'd take the deal....

I've been in that situation before.. had a korean friend with me and was told that the school had to pay all or they would be fined HEAVILY...I got all money owed to me on the absolute last day they could pay on( before the would recieve the fine) so I think you should get someone to double check the result of the meeting... regardless of you being there and hearing the result.. could be more to it.. double check .. then decide~
Good luck~ ^^

[jrwhite82]

He will have to pay your salary plus the fine that's why he is trying to cut a deal. If it was only a small fine HE would be the one getting the deal.

Are you giving up pay at your new job each time you have to take a day to go to the labor board? Calculate your expenses in taking this process (lost work time, travel, dinner for your friend for helping you, etc...) to the next step. If it is equal or almost equal to the 400,000 that you wold be walking away from then just take the 2.0mil and save yourself the hassle, expenses and risk of losing or not receiving everything that is owed to you. You could be risking dragging this process out for months, making it totally not worth it and in fact you might eventually lose out. Take the 2.0 if they offer it.

[Hotwire]

Yah, like Kiwipenny and Jrwhite said - if you can afford to wait it out, you may be fine.

Calculate how long you are willing to wait and then decide.

Kiwipenny - how long did it take you to get payment in full? Curious to know.

[Forest]