Korean Job Discussion Forums

[Wanderingteacher]

Hello,

I'm in a labor board dispute with my former employer. Essentially, she simply never payed me for my last month of work or severance. I took her to the labor board, and she said that she will only pay me half. The labor board official said that the law was unfair and that I should just take that much and be done with it.

The thing is, I'm applying for documents and planning on getting a new job so that I can stay here another year, so time isn't so much of an issue. She threatens to sue me if I stay (for damaging her hagwon's reputation, haha).

My question is, where do I go from here? I am in contact with a lawyer, but the fee is very high (600,000 + 10% of winnings). However, I have heard that it is possible to sue through the small claims court myself with a translator. Does anyone know anything about this?

I am going to the free legal consultation at City Hall tomorrow but would be grateful for any advice.

I should add that this woman is mentally unstable and incredibly arrogant. She has threatened to call the police and tell them that I hit her if I sue her and have me arrested. She hired a new teacher at the school after I left, and I'm considering contacting them and telling them to quit, but I feel in that situation my old boss will declare bankruptcy (the hagwon was not doing very well anyway) and then I will get nothing.

Thank you in advance.

[OBwannabe]

Unfortunately the last thing you should do is contact the new teacher to tell him/her to quit. If the owner of your institute caught wind of this she could throw a defamation suit at you and sue you for $ she lost due to another teacher quitting and the expense that goes along with that. Plus the damage you would cause her reputation...blah, blah.
If you were at the end of you contract it probably wouldn't matter, but since you are considering a lawsuit yourself I would advise against warning the new guy.

[YTMND]

[cedarseoul]

[CentralCali]

She's threatening to sue you if you stay because she mistakenly believes you cannot pursue a case against her if you are not in Korea. She is simply trying to scare you out of Korea before you successfully conclude the case at the Labor Board.

[pegasus64128]

[Wanderingteacher]

Hello,

Thank you for all of your replies.

To answer your questions:

OBwannabe: Thank you for the advice, I will definitely not contact the new teacher unless I leave Korea.

YTMND: Well, I've heard that I should collect the pension when I'm ready to leave Korea for good, so I'll wait until after next year. Thanks though.

cedarseoul: The labor board official admitted that it was unfair that the labor board could not force her to pay all, and that if I do pursue it beyond the labor board it will be expensive, take a long time, and have no guarantee of success.

CentralCali: Thanks, I thought so. Even the labor board official looked slightly amused when she told me she was going to sue.

pegasus64128: There totally should be, there are scattered blacklists and warnings on forums but nothing centralized. I've heard that strong Korean anti-slander laws might make it difficult, but also that many new teachers won't check. This was a new school and I was lured in by the low working hours. My mistake.

[goreality]

Contact pension office, health office and tax office to find out if she has been paying that.

[Weigookin74]

Walk right up to her, look her in the eye, and ask her where the phsyical proof is or video taped evidence is that you hit her? Ask her where the proof is for her to sue you for anything. I suggest a cocky kind of smile while you do it with a pleasant voice. She can't touch you and you know it. The police really never do much about anything anymore. You tell them she made the insinuation because she didn't get her own way and that she's lying for revenge. Then you can sue her for libel and trying to damage your reputation. Especially if the police go to your new place of work. It made you "lose face", which is what the new libel law is based on.

I have some experienced with a crazy ajumma - my friend's ex wife. I've learned their ability to make insane threats are just that threats and they come to nothing.

[yfb]

[Troglodyte]

Any time that you have to talk with her, try to record it. I think that a lot of cell phones can record calls now. You can also have a recording device on you. I don't know if Korean court accepts it as evidence, but if you've got it and the police hear her threaten to make up a fake accusation of assault, it can't hurt.

Depending on how much money you're owed, and how much of it you really want to receive yourself (as opposed to simply getting revenge by forcing her to pay it) you have other options. If you have some older Korean friends, you can ask them if they know someone who will help you recover money owed. (Keep in mind though that you might have to give that person half of what you get.)

[luckylady]

if the Labor Board found her guilty for not complying with the Labor Law, in regards to your salary and severance, then she has to pay, she has no choice.

believe it or not, you can take this official notice to the police station and file charges of theft against her. I know this has been done and is done more often than you think - it's just not typical for ESL teachers, but more by other foreigners who are also cheated on their contracts.

[Wanderingteacher]

Thanks everyone for your help.

If you or anyone else you know has a similar problem, then GO TO THE FREE legal/labor consultations at the Seoul global center at City Hall!!!

It helped me tremendously. It's open 2-5 on mwf . Unfortunately, virtually all English teachers are working at those hours, but even sending a friend to get a business card from one of the lawyers there can at least get you free advice.

I can't emphasize enough how helpful the lawyers have been. It's a service that should be better advertised.