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blackjack
Joined: 04 Jan 2006
Location: anyang
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 Posted: Tue Dec 21, 2010 11:45 pm Post subject: can i be detained at the airport? |
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Okay, long story short I left my apartment 4 weeks ago and have been living in a goshiwon. I lived in the apartment for 18 month, only signed the first year contract and assumed the second year was just on a month by month basis (I should have clarified it I know). i gave seven weeks notice and got my keymoney back and all that, however now they say that because it still has been rented out I have to keep paying the rent in till either they find someone or the second year runs out. however as far as i am concerned I was done with the apartment 4 weeks ago.
They know I am leaving korea on the 24th and so they want the last months pay and say they are prepared to right off the rest of the years rent. 
They have called and threatened to call immigration and the police and have me detained at the airport.
They are full of it right? there is no possible way they could have me detained right? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Dec 22, 2010 12:05 am Post subject: Re: can i be detained at the airport? |
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| blackjack wrote: |
Okay, long story short I left my apartment 4 weeks ago and have been living in a goshiwon. I lived in the apartment for 18 month, only signed the first year contract and assumed the second year was just on a month by month basis (I should have clarified it I know). i gave seven weeks notice and got my keymoney back and all that, however now they say that because it still has been rented out I have to keep paying the rent in till either they find someone or the second year runs out. however as far as i am concerned I was done with the apartment 4 weeks ago.
They know I am leaving korea on the 24th and so they want the last months pay and say they are prepared to right off the rest of the years rent.
They have called and threatened to call immigration and the police and have me detained at the airport.
They are full of it right? there is no possible way they could have me detained right? |
Unless someone actually files a CRIMINAL complaint against you they will NOT detain you at the airport. (basically they are blowing smoke up your butt).
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Lost500
Joined: 24 Jul 2010
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| Posted: Wed Dec 22, 2010 11:44 am Post subject: |
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You signed a contract.
They have every right to pursue you, they will inform immigration.
It is not wise to breach & give the rest of us a bad name. |
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redaxe
Joined: 01 Dec 2008
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| Posted: Wed Dec 22, 2010 11:49 am Post subject: Re: can i be detained at the airport? |
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| blackjack wrote: |
Okay, long story short I left my apartment 4 weeks ago and have been living in a goshiwon. I lived in the apartment for 18 month, only signed the first year contract and assumed the second year was just on a month by month basis (I should have clarified it I know). i gave seven weeks notice and got my keymoney back and all that, however now they say that because it still has been rented out I have to keep paying the rent in till either they find someone or the second year runs out. however as far as i am concerned I was done with the apartment 4 weeks ago.
They know I am leaving korea on the 24th and so they want the last months pay and say they are prepared to right off the rest of the years rent.
They have called and threatened to call immigration and the police and have me detained at the airport.
They are full of it right? there is no possible way they could have me detained right? |
So your landlord let you live in the apartment for six months after your first 12 month contract expired, and didn't make you sign a new contract? And gave you your deposit back when you moved out?
If all the above is true, your landlord is a moron, you owe him nothing, and he cannot have you detained at the airport. Tell him to stop harrassing you. |
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blackjack
Joined: 04 Jan 2006
Location: anyang
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| Posted: Wed Dec 22, 2010 1:11 pm Post subject: |
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| Lost500 wrote: |
You signed a contract.
They have every right to pursue you, they will inform immigration.
It is not wise to breach & give the rest of us a bad name. |
If you read my post then you would see I didn't sign a contract for the second year. I made an assumption, and he made an assumption, however our assumptions were different |
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DHC
Joined: 15 Jan 2003
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| Posted: Wed Dec 22, 2010 1:46 pm Post subject: |
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| You broke your contract and the apt. owner has every right under Korean law to require you to continue to pay rent until the apt. is rented. If the owner files a criminal complaint with the police you can be detained and prevented from leaving the country until the matter is resolved. |
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seoulsucker
Joined: 05 Mar 2006
Location: The Land of the Hesitant Cutoff
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| Posted: Wed Dec 22, 2010 3:49 pm Post subject: |
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THE CONTRACT WAS FOR ONE YEAR, and it has since expired, fellas.
Unless you signed an extension and or another contract stating a month-to-month arrangement anything you have going on there is just a verbal agreement.
He's just worried about losing monthly income and instead of going through the trouble of putting it on the market he's being lazy and putting it on you. The contract is finished, you have your key money...there's absolutely nothing he can do. |
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SparkleKorea
Joined: 05 Dec 2010
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| Posted: Wed Dec 22, 2010 4:27 pm Post subject: |
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| Man, it will be the hardest Christmas ever eating seaweed soup and kimchi in the pen! |
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murmanjake
Joined: 21 Oct 2008
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| Posted: Wed Dec 22, 2010 4:44 pm Post subject: |
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so much ignorance and ill-will
way to be in the holiday spirits guys!
good luck black jack, seems like all is well |
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Devil's Harvest
Joined: 31 Oct 2004
Location: House of Knives
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| Posted: Thu Dec 23, 2010 12:28 am Post subject: |
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Since there is no contract, you owe nothing to the landlord and there is absolutely nothing he can do to you. In fact it sounds like you did him a big favor by giving seven weeks notice that you were moving out. Should have been plenty of time to try to secure a new tenant. Don't give him any money; just forget about it. The authorities at the airport and Immigration could give a crap about breaking a lease (and in your case no lease has been broken anyway).
Even if you were breaking a lease, it is a civil matter not a criminal matter and would not concern the police or Immigration at all. |
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Devil's Harvest
Joined: 31 Oct 2004
Location: House of Knives
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| Posted: Thu Dec 23, 2010 12:30 am Post subject: |
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| DHC wrote: |
| You broke your contract and the apt. owner has every right under Korean law to require you to continue to pay rent until the apt. is rented. If the owner files a criminal complaint with the police you can be detained and prevented from leaving the country until the matter is resolved. |
If breaking contracts were a criminal matter, half of the hagwon owners in the country would be locked up awaiting trial. |
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blackjack
Joined: 04 Jan 2006
Location: anyang
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| Posted: Thu Dec 23, 2010 6:56 am Post subject: |
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| I know I shouldn't feel bad but I really do, hate to go out on a bad note but well ... |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Dec 23, 2010 7:20 am Post subject: |
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| DHC wrote: |
| You broke your contract and the apt. owner has every right under Korean law to require you to continue to pay rent until the apt. is rented. If the owner files a criminal complaint with the police you can be detained and prevented from leaving the country until the matter is resolved. |
It's CIVIL! Not criminal! Big difference.
Anyway, as others have pointed out, you have no lease, therefore you're in the clear. Don't worry about it. The landlord is just trying to scam you. |
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hotelcalifornia
Joined: 21 Dec 2010
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| Posted: Thu Dec 23, 2010 6:21 pm Post subject: Fear of Detainment |
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This seems to come up with some regularity on this forum and I believe the best thing to do is simply refer people to legal advice for their particular situation rather than simply offer what amounts to anecdotal advice....
This is a huge matter for the runner because the airport terminal represents the last door in a nightmare trap... you need to know positively if you will be allowed out. I do not know the ins/outs of law in my own country, that's why we need lawyers... Anecdotal evidence, while appreciated, is not something you can take to the bank.....
That being said, can someone confirm positively that it is criminal, and not civil charges that can lead to being detained. I believe breaking the terms of a contract is clearly a civil matter, and could never result in detainment. I need to know because I may not be able to jet the day after they realize I've split. And just how long would it take to get a flag in the IMM computers anyway? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Dec 23, 2010 9:33 pm Post subject: Re: Fear of Detainment |
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| hotelcalifornia wrote: |
This seems to come up with some regularity on this forum and I believe the best thing to do is simply refer people to legal advice for their particular situation rather than simply offer what amounts to anecdotal advice....
This is a huge matter for the runner because the airport terminal represents the last door in a nightmare trap... you need to know positively if you will be allowed out. I do not know the ins/outs of law in my own country, that's why we need lawyers... Anecdotal evidence, while appreciated, is not something you can take to the bank.....
That being said, can someone confirm positively that it is criminal, and not civil charges that can lead to being detained. I believe breaking the terms of a contract is clearly a civil matter, and could never result in detainment. I need to know because I may not be able to jet the day after they realize I've split. And just how long would it take to get a flag in the IMM computers anyway? |
Pulling a runner is quite legal (under the labor standards act).
It is ILLEGAL for an EMPLOYER to coerce any employee to work against their will and also illegal for an employer to impose any penalty (other than not pay you for work not performed) for quitting work.
Breach of contract is NOT a criminal offense and no-one will detain you at the airport for it.
On the flip side, every government in the world retains the right to detain you and confiscate your passport for arrest on a criminal matter until the trial is complete and the criminal matter settled.
Will you get detained for running = no.
Will you get detained and/or arrested for breach of Korean law = yes (including immigration laws like overstaying your visa or working illegally).
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