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Ok for boyfriend to live in apartment provided by school?
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Jan 22, 2014 1:36 am    Post subject: Reply with quote

archaeologist5 wrote:
Blah blah blah. I posted the housing act, you posted nothing.

Either you are being as dishonest as you accuse others, or you are a complete fool that cannot read. Your link to the housing act does say anything about how many additional people can live in the apartment.
Point out where the housing act restricts who can live in a rental?

archaeologist5 wrote:
I am not wrong. If you rent to one person and then they bring in another person long term yes you can evict them. the new person is not on the lease.

Prove it. Where in the housing act does it say so?

archaeologist5 wrote:
Anyways, I realized after the last time I posted I am talking to people who will always be obstinate. Maybe I will start writing for the Korean Times, maybe a western voice against the majority of westerners will be the answer.

Obstinate. Dishonest. Just your tiring go-to labels when you make claims you cannot prove and intelligent people call you out. No, you won't write for the Times, because they won't have anything more to do with you.


Last edited by crescent on Wed Jan 22, 2014 1:40 am; edited 2 times in total
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Jan 22, 2014 1:39 am    Post subject: Reply with quote

archaeologist5 wrote:

Anyways, I realized after the last time I posted I am talking to people who will always be obstinate. Maybe I will start writing for the Korean Times, maybe a western voice against the majority of westerners will be the answer.


Oh please do. The expat community needs a joke to laugh at.
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archaeologist5



Joined: 25 Dec 2013

PostPosted: Wed Jan 22, 2014 1:42 am    Post subject: Reply with quote

Here is the kicker--

The school is the renter of record, they provide housing for the westerner. It is not compensation for working. It is provided as a place to live while one fulfills their paid duties.

The school is NOT renting the apartment to the westerner. The school has the right to restrict who stays in the apartment because it is their apartment not the westerners.

The westerner has left the apartment unannounced over the years and they have left with no liability. If hey were renting they would have liability for non-payment of rent, violating the rental contract and so on.

The school has the liability and is often left holding the bag for whatever excuse the westerner dredges up to justify their quick move out.

\The fact that CC and whoever owns apartments doesn't play into this for their situation is a lot different. There is nothing legally binding the westerner to their school offered apartment.

You all should check into the term 'company housing' and see the difference between renting the normal way and be provided a house to live in while working for a company.

You all have a lot to learn especially about being honest.

P.s. NONE of you have posted anything official to back you up. I did and now you are upset because I am one up on you again.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Jan 22, 2014 1:55 am    Post subject: Reply with quote

Ok, be honest then - how many accounts have you had on this forum? How many forums have you been banned from? Oh, and while you're at it, why not be honest about your claims at being a Doctor??

The apartment is part of the payment/benefits package of the employment contract. Just the same as paid vacation, pension, bonuses, personal driver, club memberships - they're all outlined in the employment contract.

However, to reiterate a point, no contract can supersede the law.

As for who is on the actual lease / registered as the resident at the local Gu, you might be very surprised to find the answer. In many cases, especially regarding officetels and smaller places, the owner still has themselves registered and will ask the tenant not to register under that address. Registering your address in Korea is a hot issue for many (politicians getting busted, tax evasion, changing schools), but it's very common practice.

Again, the more experience you have with owning/renting here, you'll find what is common practice. It's very common for only one member of the household to sign the rental agreement - but a whole family will move in. You'll also find that evicting tenants is not as easy as you make it out to be.



All that said, I've still yet to see the employment contract in the OP - and as far as I've read, there's no mention of a clause that pertains to the number of ppl in the apt - so al of this speculation, is simply that.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Jan 22, 2014 2:20 am    Post subject: Reply with quote

archaeologist5 wrote:
The school is the renter of record, they provide housing for the westerner. It is not compensation for working. It is provided as a place to live while one fulfills their paid duties.

Incorrect. The National Tax Service defines the apartment as a 'non-taxable' benefit.
One may opt for cash in lieu of this benefit.
Quote:
Benefits in kind:
Most allowances for services are taxable. Non-taxable fringe
benefits include the following:
 house rental, if the rental agreement is made between the
employer and the landlord
http://www.dmgt.co.kr/images/down/Korea_Expat_Tax_Guide_Oct_2009.pdf

archaeologist5 wrote:
P.s. NONE of you have posted anything official to back you up. I did and now you are upset because I am one up on you again.

You posted something that says the school can restrict additional people in the apartment? Where? Who's dishonest again? Would that be Ducky5, archaeologist5, archaeologist27, kinship, sinsanri, or one of the previous usernames you've had?
And when is that KTimes piece coming?
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Jan 22, 2014 2:47 am    Post subject: Reply with quote

In my experience (and from what I've heard from other people) most hagwon owners won't care what you do in your apartment or during your free time, as long as it won't be connected back to the school. Unless you live just around the corner from the school, or in the same building, no one will ever make the connection. The only person who will care is the landlord or building manager because he'll want you to pay the appropriate building fees. If there are other people in the building who know that there's only one person officially living in the apartment, then they'll also want you to pay the higher fees. If anyone does ask (e.g. neighbors, students who might live in the same building, etc.), just say that he's your husband and it will eliminate any possible gossip.

Some public schools have rules about unmarried couples living together in school owned apartments but I don't think that it's common anymore. Hagwon owners, won't care. Just tell the building manager and pay the proper fees. It's honestly not a big issue.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Wed Jan 22, 2014 4:09 am    Post subject: Reply with quote

Captain Corea wrote:
archaeologist5 wrote:

Actually, it is NOT her apartment, it is the school's. It is their business who lives there. They are paying for it.


So if they are paying for a teacher - do they now BELONG to that school?

Such a distorted way of looking at things, Archie.

If the school is providing the apartment as part of the payment of services, then no, it does not BELONG to the school to do with as they wish. Just like it is not ok for an owner of an apt to "do as they wish" with it, if they're rented it out.

I own an apt that I rent out and can tell you - tenants have rights. Don't kid yourself.

Or is it ok for schools to break contracts, but not teachers?


Captain seriously, while arch is mostly out to lunch and way out in left field, he accidentally made a valid point.

I too own an atp building and the tenants certainly do not own the apt, they rent it. They have rights to be sure (for example I cannot come into the apt any time I like, cannot kick them out on a whim ect). However, they do have a rental agreement as well which specifies the number of occupants. This is due to insurance issues for the most part.

A similar logic applies if a school provides an apt to a teacher. They provide an apt for the teacher as an employment benefit. That benefit is for the employee and no one else as a basic rule. If the teacher wants to have a roomate there, they would typically have to ask the landlord (this is often the school or it can be the landlord the school contracted to get housing). This will typically affect fees and sometimes insurance.

So in essence, the teachers apt does belong to the school (or landlord) and you are right that the teacher (or tenant in this case) has rights too. However, having someone living in the apt without the landlord knowing is asking for trouble and can very well lead to problems in relation to the rental agreement or to the occupancy rules. As such, the OP should simply save herself some potential trouble and be up front about brining someone to live with her in the school provided apt or, if she wants no trouble at all she should request a no housing contract and find her own apt.
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Wed Jan 22, 2014 4:30 am    Post subject: Reply with quote

PatrickGHBusan wrote:

I too own an atp building and the tenants certainly do not own the apt, they rent it. They have rights to be sure (for example I cannot come into the apt any time I like, cannot kick them out on a whim ect). However, they do have a rental agreement as well which specifies the number of occupants. This is due to insurance issues for the most part.

You own an apt building in Korea?
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Wed Jan 22, 2014 4:31 am    Post subject: Reply with quote

Do you know everyone that lives in the apt you rent out? The names of all the family members? Who signed the lease? Every member?

Chances are, Patrick, one person from the family signed the lease, and that's who's name is on your contract. Now, two ppl can, but one is also very common (and children never sign).

So, what clause do you have regarding the number of occupants? What if their PIL comes live with them? What if they have a baby? Are you honestly stating that due to a clause in your contract, that's it's an enforceable reason to evict someone here?

Now, if a landlord does not want to renew after the term of the initial contract, so be it. But that's different than actually kicking someone out for having another occupant.

Imagine how that'd read "We had a contract that stated only 2 ppl could occupy the apt. But then I had a baby. So the landlord said one of us would have to move out, me, my husband, or the baby!"

It just doesn't fly. Not to mention that when people have babies, they often have extended family stay with them for extended periods.

So if this was a Goshiwon or temp hotel situation, I could see them saying $30 for the night. $40 for double occupancy. But in actually renting apartments, you think that'd fly?

Sorry, man. It just doesn't make any sense. You know that kicking someone out for that would be quite odd here.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Jan 22, 2014 4:45 am    Post subject: Reply with quote

I managed a chain of hagwans for 4 years, employing over 50 foreign teachers. Not one lease agreement stipulated how many people were permitted to live in our rented apartments. Not a single one.

Some agreements contained the name of the primary resident, most did not. In addition, new teachers took over the apartments for teachers who left and in cases where there was a specific name on the agreement, that agreement was not amended.

It depends what is written in the contract. If the school wants to limit occupants, they can. There is no law regarding such.
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archaeologist5



Joined: 25 Dec 2013

PostPosted: Wed Jan 22, 2014 3:08 pm    Post subject: Reply with quote

Just because you do not manage your properties that well doesn't mean the school doesn't have the right to restrict who lives there.


Quote:
Captain seriously, while arch is mostly out to lunch and way out in left field, he accidentally made a valid point


Thank you for the support except for the first two comments. I have never been out to lunch unless it is a school dinner or the weekend nor in left field since my baseball playing days.
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archaeologist5



Joined: 25 Dec 2013

PostPosted: Wed Jan 22, 2014 3:09 pm    Post subject: Reply with quote

crescent wrote:


It depends what is written in the contract. If the school wants to limit occupants, they can. There is no law regarding such.


You changed your tune. I said this a long time ago.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Jan 22, 2014 3:36 pm    Post subject: Reply with quote

archaeologist5 wrote:
crescent wrote:

It depends what is written in the contract. If the school wants to limit occupants, they can. There is no law regarding such.

You changed your tune.

No, I didn't.
archaeologist5 wrote:
I said this a long time ago.

And, no, YOU dint.
archaeologist5 wrote:
Unless the school gives permission for your boyfriend to stay with you he can't. You are being dishonest by not telling the school of this change.

You said the school needs to give permission or by default it is not permitted.
But, we all know you really mean it's not allowed because your god forbids premarital sex.
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archaeologist5



Joined: 25 Dec 2013

PostPosted: Wed Jan 22, 2014 6:44 pm    Post subject: Reply with quote

Quote:
You said the school needs to give permission or by default it is not permitted.


Right, it is their apartment and that was one of the first things I said.

Quote:
But, we all know you really mean it's not allowed because your god forbids premarital sex.


Strange, I never said anything to that affect nor was I speaking theologically. I was speaking legally and quoted from the Korean Housing Act not the Bible

Of course, personally I do disagree with such arrangements but most schools do not adhere to theological beliefs but appeal to the law. My personal beliefs had nothing to do with what I said thus I stuck to legal points.

It would be nice if more westerners lived like I did. Maybe then we all would have fewer problems as fewer westerners would be ruining everything for everyone.
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crescent



Joined: 15 Jan 2003
Location: yes.

PostPosted: Wed Jan 22, 2014 7:12 pm    Post subject: Reply with quote

archaeologist5 wrote:
crescent wrote:
You said the school needs to give permission or by default it is not permitted.

Right, it is their apartment and that was one of the first things I said.

And you were wrong. Any potential default to disallow extra tenants exists only in your feeble mind. You also said that housing was not part of the remuneration package, and that was wrong too. Obstinate, or dishonest?

archaeologist5 wrote:
Strange, I never said anything to that affect nor was I speaking theologically. I was speaking legally and quoted from the Korean Housing Act not the Bible

The legal clause you posted illustrates there is no law restricting the amount of extra tenants in a rental apartment. Hence, continuing to pass judgement on who can or can't live with whom stems from your own personal religious beliefs. The housing law as you posted does not restrict it. And the contract, since you haven't seen it, also cannot be said to restrict it. But here you are, telling people what they can and cannot do.

archaeologist5 wrote:
Of course, personally I do disagree with such arrangements but most schools do not adhere to theological beliefs but appeal to the law. My personal beliefs had nothing to do with what I said thus I stuck to legal points.

It would be nice if more westerners lived like I did. Maybe then we all would have fewer problems as fewer westerners would be ruining everything for everyone.

Yes, what we surely need are more ignorant, celibate westerners pretending to have conversations with themselves in poorly written apologist pieces. Please.
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