| View previous topic :: View next topic |
| Author |
Message |
Junior
Joined: 18 Nov 2005
Location: the eye
|
|
| Back to top |
|
 |
lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
|
 Posted: Fri Jan 21, 2011 6:14 am Post subject: |
 |
|
| How exactly do you fight this? They could always pick something else or just simply say you "aren't qualified". It's easy to hide age discrimination. |
|
| Back to top |
|
|
Junior
Joined: 18 Nov 2005
Location: the eye
|
| Posted: Fri Jan 21, 2011 6:22 am Post subject: |
|
|
| lifeinkorea wrote: |
| How exactly do you fight this? They could always pick something else or just simply say you "aren't qualified". It's easy to hide age discrimination. |
I was intrigued by it as well.
Especially when I hear that GEPIK has imposed age limits on foreigners. |
|
| Back to top |
|
|
PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
|
| Posted: Fri Jan 21, 2011 6:25 am Post subject: |
|
|
| That kind of law or regulation is very hard to enforce. It looks good on the books but it will be exceedlingly difficult to prove age discrimination.... |
|
| Back to top |
|
|
hubbahubba
Joined: 31 May 2008
|
| Posted: Fri Jan 21, 2011 7:36 am Post subject: |
|
|
| As was mentioned before, prove it! Next to impossible in any country, not just Korea, unless someone is a moron. So what is the next reason why Korea is soooo....backward |
|
| Back to top |
|
|
Junior
Joined: 18 Nov 2005
Location: the eye
|
|
| Back to top |
|
|
hubbahubba
Joined: 31 May 2008
|
| Posted: Fri Jan 21, 2011 8:42 am Post subject: |
|
|
From a 10 second read of the act you cited, "When employers take actions for the above issues but have rational reasons, those actions will not be considered as discrimination."....which can be pretty much anything, as long as they are rational. There's the out. I can give you a "rational reason" for anything...lol
Oh, also note the may in GEPIK's reg's..may is a wonderful word. |
|
| Back to top |
|
|
PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
|
| Posted: Fri Jan 21, 2011 9:31 am Post subject: |
|
|
Junior, you really need to take the time to read all the documents before you post a response....
hubbahubba just showed you one example of how hard it can be to enforce this law. There are many others, including among other things: qualifications, unit cohesiveness (that means the group of teachers you have on staff)....
As pointed out, the guidelines you quoted include the word MAY. That is a mighty powerful word my friend and it can used in many, many ways. |
|
| Back to top |
|
|
Junior
Joined: 18 Nov 2005
Location: the eye
|
| Posted: Fri Jan 21, 2011 7:27 pm Post subject: |
|
|
Check this out...
| Quote: |
| A private study posted on www.blogspot.com in 2007 studied the effects of age discrimination in the South Korean ESL market place. The study involved posting on numerous Internet job sites the resumes of several men and women who shared an average appearance, education, experience, native country and skin color. The only thing that varied between them was their age. Information was then gathered based upon the number of email responses returned for each prospective teacher. The results clearly showed that the number of job offers was directly related to the teacher�s age, regardless of experience or other factors. The full study can be viewed at.... |
http://esldaily.blogspot.com/2007/12/age-discrimination-in-esl-market-place.html |
|
| Back to top |
|
|
olsanairbase
Joined: 30 Aug 2010
|
| Posted: Fri Jan 21, 2011 7:39 pm Post subject: |
|
|
Age discrimination isn't even protected in the US so there is very little chance it will be protected in Korea either.
You would have to throw some other suspect class like race or gender into the mix before a higher scrutiny would even apply. |
|
| Back to top |
|
|
interestedinhanguk
Joined: 23 Aug 2010
|
| Posted: Fri Jan 21, 2011 7:44 pm Post subject: |
|
|
| olsanairbase wrote: |
Age discrimination isn't even protected in the US so there is very little chance it will be protected in Korea either.
You would have to throw some other suspect class like race or gender into the mix before a higher scrutiny would even apply. |
It is, but only to a very limited degree (at least on the federal level). It's only illegal to discriminate against someone over 40 years of age. |
|
| Back to top |
|
|
Skippy
Joined: 18 Jan 2003
Location: Daejeon
|
| Posted: Fri Jan 21, 2011 8:32 pm Post subject: |
|
|
Another law and no changes will happen! Let see it is illegal to drive on the sidewalk with a scooter - still happens. Illegal to spit in the street - see that everyday and once by a cop. Ahh my favorite in order to combat obesity in children in Korea they decided to ban selling junk food near schools - did the GS25 Marts move or go, did the hodok seller move their cart, did the stationary stores across the lane stop selling Jelly candies - NOPE!
This will be a law on the books but nothing will really change unless a person wants to fight it with their own money and time OR it will be used a a form of extortion by government bureaucrats. But for the regular Kim it will be business as usual. |
|
| Back to top |
|
|
olsanairbase
Joined: 30 Aug 2010
|
| Posted: Fri Jan 21, 2011 8:36 pm Post subject: |
|
|
| interestedinhanguk wrote: |
| olsanairbase wrote: |
Age discrimination isn't even protected in the US so there is very little chance it will be protected in Korea either.
You would have to throw some other suspect class like race or gender into the mix before a higher scrutiny would even apply. |
It is, but only to a very limited degree (at least on the federal level). It's only illegal to discriminate against someone over 40 years of age. |
If there is a classification then which class of persons has been disadvantaged by the law?
- Suspect Classes
o EAR
Ethnicity
Alienage
Race
- Quasi-Suspect Classes
o GI
Gender
Illegitimacy
- Non-Suspect Classes
o SAW SAM
SAW
� Sexual orientation
� Age
� Wealth
SAM
� Socio-Economic
� Alienage
� Mental Status
Only suspect and quasi-suspect classes are usually provable. Age is considered a non-suspect class so it pretty easy to explain away. |
|
| Back to top |
|
|
interestedinhanguk
Joined: 23 Aug 2010
|
| Posted: Fri Jan 21, 2011 8:43 pm Post subject: |
|
|
| Olsanairbase, please make coherent posts. |
|
| Back to top |
|
|
DosEquisXX
Joined: 04 Nov 2009
|
| Posted: Sat Jan 22, 2011 12:44 am Post subject: |
|
|
| Like most employment laws in Korea, this will never be enforced. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
