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diver
Joined: 16 Jun 2003
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 Posted: Mon Jun 17, 2013 3:10 am Post subject: Korea's slander laws and bad references? |
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I am asking on behalf of a friend who is not a member:
How do Korea's slander laws apply to (if at all) a school giving you a bad reference? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 17, 2013 3:30 am Post subject: Re: Korea's slander laws and bad references? |
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| diver wrote: |
I am asking on behalf of a friend who is not a member:
How do Korea's slander laws apply to (if at all) a school giving you a bad reference? |
prove it.
Then it is a labor law issue:
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf
Article 39 (Certificate of Employment)
(1) If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and wages
or other necessary information even after the retirement of the
worker, the employer shall immediately prepare and issue the
factually correct certificate.
(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker.
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Good Will Riker
Joined: 25 Dec 2009
Location: South Korea
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| Posted: Mon Jun 17, 2013 5:22 am Post subject: Re: Korea's slander laws and bad references? |
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| ttompatz wrote: |
| diver wrote: |
I am asking on behalf of a friend who is not a member:
How do Korea's slander laws apply to (if at all) a school giving you a bad reference? |
prove it.
Then it is a labor law issue:
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf
Article 39 (Certificate of Employment)
(1) If a worker makes a request to issue a certificate
specifying term of employment, job specification, title and wages
or other necessary information even after the retirement of the
worker, the employer shall immediately prepare and issue the
factually correct certificate.
(2) The certificate referred to in paragraph (1) shall only
contain the items that the worker concerned has requested.
Article 40 (Prohibition of Interference with Employment)
No one shall prepare and use secret signs or lists, or have
communication for the purpose of interfering with employment
of a worker.
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Does this mean that when an ESL instructor searches for a new job in Korea, the previous employer cannot badmouth the former employee to the potential new boss when checking up on references? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 17, 2013 6:54 am Post subject: |
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Legally, yes. That is what it means.
In practical terms... prove it.
They legally can't say bad things...
But lies of omission (they don't say good things) will often be more damaging than not and are NOT prosecutable.
Sometimes it is not what you say but what doesn't get said that kills the job.
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stevieg4ever
Joined: 11 Feb 2006
Location: London, England
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| Posted: Mon Jun 17, 2013 7:28 am Post subject: |
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Phhhwww
A few points to keep in mind:
1) Korean is the language of euphemisms, I don't even know where to begin with this one. There are ways of saying things that are positive on the face of things but overal of negative content, consider:
제가 생각해볼게요. Means i will give it a thought but, implicitly, means that i will give it some thought but most likely won't agree or accept it.
대체로 좋았어요. Means it was generally good but, implicitly, means that whilst it was 'generally' good there were aspects that were insufficient and you should take good heed of said aspects.
2) Do you really think that 'labour law' will stop vindictive co-workers from saying what they want?? 'hey, i went to the labour board today and won my case regarding slander and character defamation, then got the job that was in question, yippee' said no esl teacher ever. Come on, this is Korea for goodness sake. What is in print exists only to suffice a narrative that claims that Korea and its statutes are in line with modern, western democracies and nothing more. In practice they are empty, vacuous claims and nothing more. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Mon Jun 17, 2013 5:35 pm Post subject: |
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| stevieg4ever wrote: |
| Come on, this is Korea for goodness sake. What is in print exists only to suffice a narrative that claims that Korea and its statutes are in line with modern, western democracies and nothing more. In practice they are empty, vacuous claims and nothing more. |
This applies to so much of Korea. It's the 'pretense' of modernity. Much like crosswalks - just there for show. They have no meaning whatsoever. |
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PigeonFart
Joined: 27 Apr 2006
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| Posted: Tue Jun 18, 2013 4:40 am Post subject: |
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| Style over substance indeed. Tiz the nature of things here^^ |
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