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Boss refusing severance - options
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Wildbore



Joined: 17 Jun 2009

PostPosted: Sat Feb 11, 2012 3:48 am    Post subject: Reply with quote

fezmond wrote:
i'm more than willing to pay my half of the pension back to the school. with the lies they told about my earnings, 4.5% x 24 months only comes to 700k or thereabouts.

i have no airfare anyway or housing from them so i've got nothing to lose but the time it takes for the case to be heard.


regarding the tax issue, i'm seriously considering paying my back taxes so she gets screwed.

cheers for all your help guys. roll on monday morning


Correct, but have you checked the health insurance as well. If they/you haven't been paying your share for that, you'll need to repay that to your boss too.
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fezmond



Joined: 27 Oct 2008

PostPosted: Sat Feb 11, 2012 4:11 am    Post subject: Reply with quote

Wildbore wrote:
fezmond wrote:
i'm more than willing to pay my half of the pension back to the school. with the lies they told about my earnings, 4.5% x 24 months only comes to 700k or thereabouts.

i have no airfare anyway or housing from them so i've got nothing to lose but the time it takes for the case to be heard.


regarding the tax issue, i'm seriously considering paying my back taxes so she gets screwed.

cheers for all your help guys. roll on monday morning


Correct, but have you checked the health insurance as well. If they/you haven't been paying your share for that, you'll need to repay that to your boss too.


yep. got my health insurance book thingy and they've been deducting it. just trying to get an e-certificate to check my pension online. active-x is a pain in the rear


EDIT: so i checked the pension site and it says that i have contributed 0 won for 23 months and it seems my outstanding bill is 1.4m won.

that's another thing i can beat my boss over the head with. however, i'm worried about being chased up for it by the NPS.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Feb 11, 2012 5:39 am    Post subject: Reply with quote

The government will want that money. For some reason, the accountant at an SMOE institute I worked at that had many FTs had not been taking the money out of 1 teacher's pay and when the mistake was caught about a year in, they required he pay up to date. -- and I'm assuming the government also hit the school up for that amount too.

It was good for him, because he was American and would be getting ALL that money back when he left.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Feb 11, 2012 5:44 am    Post subject: Reply with quote

Also, when you figured what you owe, I'm not sure how you calculated it:

Didn't you say you found out your boss had reported to the government a much lower salary than what they actually paid you? (An old hakwon trick.)

So, the actual money you will owe the pension department will be 4.5% of your actual pay - not 4.5% of the reported monthly salary.
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fezmond



Joined: 27 Oct 2008

PostPosted: Sat Feb 11, 2012 6:34 am    Post subject: Reply with quote

iggyb wrote:
Also, when you figured what you owe, I'm not sure how you calculated it:

Didn't you say you found out your boss had reported to the government a much lower salary than what they actually paid you? (An old hakwon trick.)

So, the actual money you will owe the pension department will be 4.5% of your actual pay - not 4.5% of the reported monthly salary.


i looked at what they said they were paying tax wise on a 700,000 a month salary. but since then i've misplaced or simply lost my pay slip, signed dated and stamped with that red stamp by them.

i will happily pay the 4.5% on earnings for 2 years after i inform them of my true wages. i know the money will come back to me when i'm 65, assuming i make it that long. the big thing for me is really screwing these guys because of the blatant lies.

i'd like to get a statement from my boss declaring that she is and has paid all pension money then hit her with the truth from the pension office.

i will pay my back taxes so long as she gets a c u next tuesday punt and i'd really like to spend all day putting posters and signs up around the area but i'm too scared of libel in korea however true the accusations may be
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Feb 11, 2012 7:10 am    Post subject: Reply with quote

I would imagine just reporting her to the pension office will get them looking to collect their money from her - same with the taxes.

And if she is hurting for money, it will be a big squeeze.

Are there other workers there? More than likely she is cheating taxes and other money owed the government on them too. So tell the pension and tax office how many workers are there and have been there during your time and just before.

Definately don't put signs up everywhere. You probably already know telling the truth does not make you immune to a libel charge.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Feb 11, 2012 9:48 am    Post subject: Reply with quote

I forgot to add - the reason it didn't make sense that your boss would pay all 9% herself is that you caught her under-reporting your true salary.

The reason a business turns in such a low monthly salary is it exempts them from having to pay certain taxes and other regulations under the labor law - most likely pension too - which is why she wasn't deducting it from your monthly pay. (But since your true salary was much higher, legally she should have been deducting it and making her contribution too.)
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fezmond



Joined: 27 Oct 2008

PostPosted: Mon Feb 20, 2012 4:11 am    Post subject: Reply with quote

i spoke to my boss last week...

once i presented her with the law, evidence there was nothing paid into my pension, threats of the tax office and fraud she told me today that she will give me the full amount, minus the pension i should have paid.

they swear that they've paid the pension and were 'shocked' when i showed them the balance of my pension fund. they want to deduct the 700k (over 2 years) that should have been paid from my wages.

they've said that they will find out where their money went and pay it into the pension fund and i can check in 2 weeks or so.

i'll should have 6.2 mil after the pension dedections. i'm not sure if i should argue with them about the pension (i'd rather just keep the money) but i guess it'll all come back to me when i'm older.


as for the severance and last month's pay - how much is taxable? i presume that severance is and obviously my final paycheck. would it be taxed at 6.2m or 3x 2.3 mil. i'm sure the lump sum will bump me up into a much higher tax bracket
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