Korean Job Discussion Forums

[escarole]

I'm on an E-2. I got fired from the hagwon in my 11th month. Was ordered to be out of my apartment by the next day. Two days later I went with a Korean friend and filed a claim with the labor board, and am told they will be calling back sometime within a week. I don't yet have a claim number as far as I know.

My main question is, if I find another job, and possibly hand in my ARC and do a visa run, is that in any way going to interfere with my labor board claim?

The issue is complicated by the visa ownership factor: as of yet, though I have been fired, according to the nearby immigration office my visa has not been revoked.

Being aware of the shady hagwon strategy of telling employees they are fired and then later claiming they quit after not showing up for work, I specifically described this strategy in my complaint to the labor board. I also asked through the person translating if I should go back in to work. I was told I shouldn't.

Secondary question: I wasn't getting medical or pension at this hagwon. It seems consistent to doubt that tax was being paid, as well. I was being taxed at 3.3% based on the "paystubs" that I occasionally got a glimpse of.

I plan to get another E-2 job in Korea. I know I'll owe back money on the NHIC. I want to get the director to pay half. Same story with the pension. So the question is, is there a specific more recommendable approach to go about getting this, after having been fired, and with a labor board claim pending?

The situation surrounding my firing is somewhat unique, based on all my reading. I'm willing to give more details via private communication but I can't yet send PMs.

It's been a terrible past few weeks, and especially past few days. I really need advice, and I hope any vets here might be able to help me out.

Thanks.

[ttompatz]

[jlb]

Wow...this wouldn't happen to be the Herald School in Ssang-Yong Dong, Cheonan? This was my exact story from about 6 years ago, and as far as I know the school is still open.

[koreatimes]

escarole,

I have worked in Japan, Korea, and now I am in China. Any legal questions you have, you should ask here in public I think. However, if you want other advice or guidance, feel free to email me. My email is [email protected]

I do not envy your situation, but I feel you should try to simply get a new school without new paperwork if you can. Don't threaten your employer, but try to work something out. Then collect on pension later (you can't even get it until you leave Korea for good anyways). The other stuff can then be worked out with labor board. The fact it is an 11th month firing and they "might" release you to another school gives you ammo later on to show the firing was unjustified and simply a way to avoid paying you the extras you deserved for what would have been a full year.

[escarole]

ttompatz: Thanks for your helpful information. When I spoke with immigration last they advised me to apply for a D-10 "job-seeking" visa, which I guess is fairly new. I looked that up and I don't think I'm eligible for it. Do you know anything about the D-10? I figure the employee doesn't understand the requirements for the visa.

Anyway, I figure I don't want to change my visa right now because it will interfere with the possibility of reinstatement.

jlb: No, different name, different city. I want to name names but I need to wait for the labor board for the time being.

koreatimes: Thank you as well. I've never threatened my employer. Posting legal questions here in public seems like a good option but I feel like I should move slowly and carefully at this point. Apparently a previous employee posted a negative review of the school and was threatened with a lawsuit. Probably just hot air, but I'm in no mood to take chances.

[koreatimes]

[escarole]

Need some more help.

1) I was fired verbally--nothing in writing--on August 31st. I visited immigration today (Sept 9) because I'm worried about breaking Korean immigration law by staying past a certain date after I've been fired.

They showed me a paper with notices on it, that said that for the termination to be legally binding it must be in writing and signed. This paper looked like it was from an official agency but there was also language to the effect that the language on the paper was not legally binding. I suppose it was a simplification of the legal language meant for lay consumption.

So... Immigration apparently has not received any such signed letter of dismissal, and said I could stay through the final date on my ARC card, which is almost two months from now.

Is this accurate, or am I being messed with?

I read that E-2 holders have either 14 days, or 30 days if they file for an extension.

2) If the director does sign a termination letter, do I have to sign it too for it to be binding? I can't see that being the case. But if he he signs it, and then goes and shows it to immigration, what happens? Do I have 14 days from the time he gives it to immigration?

3) Immigration said that as it stands I can't work in Korea due to the complaint the director gave to them. I told them I've been to the labor board and have a claim pending. After more explanation on my part they conveyed to me that they will forego judgment until the labor board has investigated further.

So it seems that, at least for the moment, I'm part of the exclusive club of E-2 holders who are "blacklisted" by immigration.

Does anyone have any experience dealing with this kind of thing?

4) Nepotism seems right down this director's alley. I worry that he's greased the wheels at immigration and that they're going to change my status 15 days after I was fired, so that I'll retroactively overstay. Paranoia perhaps but, if I go to a different immigration office, will they be able to access my information and give me a second opinion?

[koreatimes]

[escarole]

I do see that there is a possibility that I could be barred permanently from working in Korea.

However, there's no guarantee my leaving will prevent that.

Furthermore leaving could appear to be an admission of guilt on my part.

FYI, I do have all my documents ready to go.

A question for all who might be reading: do you know where I can find the Korean law that states that "employees" must be enrolled in NHIC and the National Pension?

The term employees above is in quotes in order to distinguish it from "independent contractor."