Korean Job Discussion Forums

[revspook]

I'm not sure just how redundant this is but I've been there and ended up taking the bastard to the labor commission after I returned to my home country (I got a lawyer).

1. 30 days notice is required. You don't have to work, but he has to pay you. That includes housing as stipulated in your contract.

2. If you agree to be dismissed, you've got problems.

3. it appears the guy fired you to avoid paying your severance. Apparently, this is something the labor commission gets very nasty about Iand perhaps they act faster, IDK). If you don't know, at the end of a 12 month contract, you are owed severance equal to 1 month's pay. I assume he's trying to screw you out of return airfare.

4. it is also illegal for him to kick you out of your place on short notice (talk to the police on that one).

5. if you tell immigration about your problem and they start the count down or switch you to a G-Class visa (I think that's what it's called), you'll likely need to do a visa run for your next visa, instead of continuing your old one.

6. Try like mad to get a letter of release, although I have heard of instances where no LOR was even brought-up by immigration, I have no idea how reliable that is.

When I initially approached the labor commission, I had been given 48 hours notice (make DAMNED certain you are at the right office; there's a billion of them). The LC offered to call my director and set it straight. No idea if that will help you now.

Something else to think about, assuming your initial post is true, while the law is on your side, this can turn into a royal, time-consuming pain-in-the-ass. You'll need to decide for yourself where what you are entitled to is also practical.

For myself, I was left with the choices of working illegally, returning to my country or returning to my country and suing the bastard. I took the latter and won the judgment several months later. I'm still trying to collect that money and I got the boot at the end of August.

I've been there myself and it can be scary. Don't panic. You might also contact ATEK for housing options if you find yourself without a place to crash and short on money.

[sojusucks]

[revspook]

There are business licenses and separate licenses for doing businesses with foreigners. These can be revoked.

There are also business laws they can break that can result in jail time. Specifically, there's a mandatory insurance for dealing with unpaid wages and such should the hagwon prove insoluble. If they don't have it, the owner can find himself locked-up, albeit for only a couple of weeks. I'm guessing there's other similar laws.

There are also stiff fines that can knock one out of business and a lot of hagwons do the dumbest things when they are already strapped for cash.

The problem is two-fold:

1. Most ESL teachers will bolt back to their countries and forget the whole thing. A lot of them are on their first trip, frightened and just wanna get the hell out of the whole mess.

If you're some 25-year-old, with the hagwon director waiting for you to open your door so he can start throwing your stuff in the street, hopping on the A'REX to the airport becomes an appealing option.

2. Seeking legal remedy can be costly and time consuming. It can also be confusing as all get-out for somebody who doesn't speak Korean fluently. Lawyers can be expensive when you are trying to fly yourself home and your director has taken a million won out of your last check or not paid you at all.

When you consider that there are currently no organizations with teeth for foreigners (well, Rights Watch but it's a one-man show), it can be horrid.

Basically, hagwon owners know that chances are, you won't make any real trouble for them. If you do, they'll ignore ethics and LAW to make your life hellish in these circumstances. They want you to just disappear.

This mainly applies to the worst of the worst hagwons. Of the hagwons that try to screw you over, many will change their tune real fast when confronted with the labor commission. Mine didn't but the director is desperate, stupid and -as the kids say- oooh, he's very, very crazy.

I believe the assessment that hagwons cannot be shut down is not entirely correct. Hagwon owners FEAR the labor commission.

[yuyake79]

[revspook]

He owes me and my girlfriend close to 20 mill won now. He's refused to pay it and has subsequently been fined more than half that. It'll take a while to collect this but it's going to get worse and worse for him; more fines and we can go after his property (something not done in the US).

We found a lawyer before we left Seoul. We paid the retainer and and such from the US.

If you can stay in Korea, I'd do that. These things happen sometimes, but don't let it burn you up about the place. For myself, I'm planning on returning sometime in June, provided I can find a decent recruiter or school.

[yuyake79]

[revspook]

This forum is a pain-in-the-ass sometimes.

[revspook]

I tried sending you my email but the pm system ain't working for me. I'm at revspook at gmail. I'll be online a while so talk to me there.

He didn't owe nearly as much as he's been ordered to pay and initially, we were willing to make some compromises there.

Go to the labor board immediately, just make sure you're at the main office. When he first gave me my two-days notice, I went to the labor office the next morning just to find out where we stand. Problem was, we went to a regional office, they gave us a lot of bad info and runaround. I don't remember which office we went to as we were running all over Seoul so we could still get to work on time (and avoid having no-showed which would've absolved him).

My understanding of civil servants is that all are required to pass an English proficiency test. That doesn't mean they'll be able to communicate with you however. We did bring a translator (basically a Korean teenager who was home from school in the US).

Our director had given no warnings and he changed his story with every telling.

I'm still trying to collect my money from this clown, so don't want to go into too many details on a public forum.

hit me up on gmail and we'll talk. If you've got gmail, then we can chat this out. I'd like to help you at least get pointed in the right direction for resources. I'll be happy to provide contact info for my lawyer as well.

[revspook]

-and oh yeah, unless you've done something criminal at the school, he still owes you 30 days written notice. My understanding is with the 30 days notice, not only does he need to provide it, but he must provide reason and that reason is limited to work performance.

He cannot just up and fire you to save money, even with appropriate notice.

If a hagwon wants to cover its ass, they have written warnings along with notice.

[yuyake79]