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Skippy

Joined: 18 Jan 2003 Location: Daejeon
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Posted: Mon Apr 23, 2012 9:28 pm Post subject: |
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DS you still need to find out it, maybe you did from the lawyer, if you broke the law.
You are forgetting a couple of little points concerning the law.
1) As a waygook and non citizen your supposed crime will be seen much differently. For most citizens it will be a "bah, whatever". But for waygooks - it will be the classic "WHAT! - all foreigners are crooks. Let's run him out of town."
2) The difference between civil and criminal still might be moot for some government official. If there is a complaint or mark on even Korean record it could likely mess you up in the future.
3) The question is - Do you want to go the lawfare route? I do think paying the 200 dollars for the letter from the lawyer is an OK idea. It might put some fear into the boss. His attitude might change. Still the boss has said he has shown in the past the willingness to fight legally. Are you ready to go that route. Do you have the time? The resources? Can you stay in country to deal with? |
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Dog Soldier
Joined: 29 Sep 2010
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Posted: Mon Apr 23, 2012 9:33 pm Post subject: |
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Yeah I have the time and resources. I'm on my way to see the lawyer now.
I flip flop between wanting all the money to just a fair amount with none of the bullshit.
I think I'm willing to accept a reduced amount on the proviso of everything being confidential, no further action and a good reference. Should either of us break the pact, then a penalty should be paid.
I enjoyed my time at the school and don't want to be unnecessarily mean. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Tue Apr 24, 2012 4:02 am Post subject: |
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It sounds like your employer has also done some illegal or questionable things. It's not likely that he's going to take your to court, especially if he knows that you're capable of informing on him. Just lay out the facts for him and say that you don't want to make problems but you also don't want to be treated unfairly. There's a good chance that he'll negotiate.
I'm not an expert on Korean law, but i can't see how subletting would be criminal. Criminal law is stuff that affects society in general. This illegal subletting (even if it's proven that you did it) affects specific people and would be related to someone being cheated or lied to. I'm very sure that it's civil law. But if there's no proof then it's a moot point either way. |
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Dog Soldier
Joined: 29 Sep 2010
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Posted: Tue Apr 24, 2012 4:38 am Post subject: |
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we've both done some dodgy things and neither of us are angels in this. I spoke with the lawyer (K Labor in Seoul who I can highly recommend). They think I have a pretty strong case.
With regards to the sub contracting, he thinks it's not such a big problem and it would be a civil matter not a criminal matter. Which, even though I've done wrong, is nice to know that the director is unlikely to take me to civil court (due to the cost of such a thing).
I'm hoping we can all be civil, agree a reduced settlement. If I get the settlement I want (5 million plus flight money) then I don't mind returning the 600k in it's entirety (the charge for sub letting).
I think this is fair....let's see after tomorrow. |
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plchron
Joined: 26 Feb 2011 Location: Korea
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Posted: Tue Apr 24, 2012 5:24 pm Post subject: |
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| if he doesn't give you all the money you are owed. After you smile, shake his hand, and take your 'reduced' agreement you should make a call to NPS and screw him. |
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The Sultan of Seoul
Joined: 17 Apr 2012 Location: right... behind.. YOU
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Posted: Tue Apr 24, 2012 6:30 pm Post subject: |
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| plchron wrote: |
| if he doesn't give you all the money you are owed. After you smile, shake his hand, and take your 'reduced' agreement you should make a call to NPS and screw him. |
Yeah and screw yourself out of 3 yrs of backpayments. |
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Dog Soldier
Joined: 29 Sep 2010
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Posted: Tue Apr 24, 2012 8:03 pm Post subject: |
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| We both have dirt on each other, if he tries to play any tricks post settlement then that is a recourse I'm willing to take. But like I said, I had 3 relatively nice years there and I don't want to be overly tough/mean. I just want a fair outcome... |
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plchron
Joined: 26 Feb 2011 Location: Korea
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Posted: Tue Apr 24, 2012 10:26 pm Post subject: |
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| earlier he said he was ok with going to NPS and making the payments because it would hurt his boss more. I like the way the OP thinks. |
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Dog Soldier
Joined: 29 Sep 2010
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Posted: Tue Apr 24, 2012 10:50 pm Post subject: |
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The way I see it, I'd pay circa 3 million. A fairly big hit, but liveable with as I intend to stay in korea long ter and you never know if the UK/ROK will change its deal.
However, for him it'll be 3 million + fine + the other teachers' pensions should the NPS wish to go looking.
There's also the question of the healthcare that would need to be backdated.
Truthfully, I don't want to use this threat, just keep it as a back up in case they try anything dodgy with me.
Ideally I'd like a glowing reference, hence willing to do some kind of deal. |
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The Sultan of Seoul
Joined: 17 Apr 2012 Location: right... behind.. YOU
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Posted: Tue Apr 24, 2012 11:51 pm Post subject: |
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| Dog Soldier wrote: |
The way I see it, I'd pay circa 3 million. A fairly big hit, but liveable with as I intend to stay in korea long ter and you never know if the UK/ROK will change its deal.
However, for him it'll be 3 million + fine + the other teachers' pensions should the NPS wish to go looking.
There's also the question of the healthcare that would need to be backdated.
Truthfully, I don't want to use this threat, just keep it as a back up in case they try anything dodgy with me.
Ideally I'd like a glowing reference, hence willing to do some kind of deal. |
However for him it will be - told to pay - ask for defferal - told to pay - say broke and can pay installments - change hakwan name - never pay etc...
For you it will be - told to pay 3mil - pay or not work as pension will redflag you when you start paying tax and HI at next job - pay or go to jail / be fined etc.
He wins.
Thought you's been here a while? |
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