Korean Job Discussion Forums

[PaddyOConnor]

My girlfriend has just found out (with 3 working days left of her contract) that her boss has been receiving text messages for any transactions made on my gf's bank account, through her card. She has obviously been getting this for the last 11 and a half months but hadn't told my GF. My gf had to go for a private operation on Saturday and we just found out her boss has told all the other co-workers about the operation and told them that it was an abortion (which it wasn't). My GF obviously doesn't ever want to see any of these people again - she has 2 sick days left in her contract, what I'm trying to figure from a legal standpoint is 3 things.

1) Is it illegal for her boss to have been receiving this information? The boss set up the bank account (as she wouldnt let my gf leave during school hours to do it herself) but the account is registered in my GF's name.

2) Would the boss have a leg to stand on legally if she were to try and withhold the leavers bonus/dock her wages, if my gf doesn't go into work the next 3 days?

3) The new school my GF will be working at is a Christian school - the current boss knows the name and location of it. Would she be committing slander if she were to contact the new boss and tell her (mistakenly) that my GF had an abortion?

Thanks in advance for any help, appreciate this is a weird situation...

[Milwaukiedave]

That is a pretty unique situation. Sorry to hear she's been violated like that.

1) Bank account information should be private and I'd say that is illegal if the account is in your girlfriend's name.

2) I'd advise against her skipping the rest of the week. While the boss is a cretin, it seems like not showing up would give the boss ample cover not to pay the severance (I'm not addressing salary as I think the severance is the bigger issue). She should bite her tongue and go.

3) Korean law is a bit different, so I'm not sure on that one. I'd say you would have to talk to a lawyer. My guess is it is. The process from what little I've heard is complex. I hope it doesn't come down to that. You would also have to be able to show proof, which means if your old boss told your new boss your new boss would have to be involved. Not something you want at a new job.

[BackRow]

Story is complete BS

[AsiaESLbound]

I have heard several times that no one here has financial and medical privacy like we expect. This means your boss and any business savvy computer smart Korean with your info can watch or monitor your financial behavior and what the doctors report from testing and treatment. They can and do know or think you are about to pull a runner when you send or withdraw almost all your money. Attitudes mysteriously change for the better when you start keeping a very low balance of Korean won with remittances and US dollar transactions accounting for most of your pay. 1984 is in the making, but still mostly harmless at this point. I'd expect my bosses have gotten texts of transactions and entry/exits. If your hagwon tries to screw you by not paying National Pension Service your monies paid in, it'll likely come through shortly after you re-enter the country for a new job after having reported a problem to NPS.

I'm not a law expert, but I know the part about slandering her saying she had an abortian is illegal and since she's staying in Korea a long while longer, she can probably sue and win a slander case if heard in Seoul. Tompatz probably knows a lot more and Seoul global center advice service can recommend how to find a lawyer? What was sticky thread about how to legally hammer your hagwon into submission? Is it foolish to not show up for work the last couple days claiming unused sick days where the boss then tells the government and labor law thing she quit on day 363 so she is not legally entitled to severance pay?

[Savant]

In Korea, expect nothing like medical privacy. A lot of doctors have no ethical code and will retell your diagnosis to any calling boss without prior permission from you (the patient).

Korean financial institutions are sieve like in security and protected by stupid active-X codes and an Ahn-Labs firewall. Should be illegal for anybody other than the account holder to receive details on account transactions. I would look into it.

The boss is another typical hagwon boss in that they have no soul. So, tell your girlfriend to use the sick days (probably need a Doctor's not) and tell the boss to gently go duck herself.

[young_clinton]

When I was in Korea, Samsung hospital told my co-teacher that is was not registered at the emergency room. I told them that I was going to the hospital in Seoul. I did go to the hospital but decided not to see the ER.

Is it possible to sue for invasion of privacy like you definitely could in the West? I mean the kind of stuff the OP is talking about, if true, is pretty serious.

[Stain]

Does your girlfriend have any dirt on the hagwon? If so, then use that bargaining chip to get what you want. In my experience, you can't not have dirt.

[Rockhard]

1) You let the boss set up a bank account on your behalf. So you gave consent. The fact that your aren't aware that Korean banks use SMS is your oversight. Do you homework. You won't get anywhere legally with that. (I don't know about other banks, but my bank only sends SMS when I make transfers, not electronic purchases or deposits. So he doesn't have the complete picture).

2) Refusing to come into work because she is ashamed will only end badly for her.

3) But it wasn't an abortion? Or was it?

[Lucas]

When you sign up for the SMS msg service you have to sign for it.

I guess the fact that her boss signed the form for her would be classed as fraud, but you'll have to trawl through sooooo much stuff to get the form/make your case - plus you'd have to be near fluent in Korean to jump through all the hoops and curve balls that they're going to throw at you on the way!

If your GF boss tells the new school any details yes she could sue, but again proving it would be difficult.

If you have a Korean friend, have them call her school and pretend to be the new school owner and record the conversation.

- but be prepared for this to backfire on you (which it could) but you'd also have the evidence then of slander, but you could well have some other random charge filed against you - like impersonating the owner of the new school!

Although what she did to your GF was sick - the SMS thing was quite smart and cunning. I wonder how many other HW owners do this!

To other people reading this, if you go into your local bank branch you can set up/cancel the SMS service in a couple of minutes for free, as long as you have your ID (and sometimes passport) with you.

I'd also have a second bank account set up, which I'd transfer my pay into then there is no way for them to be able to touch it.

Ahhhh one more thing - how did she find out about what was said by her boss to the other people?

You should ask everyone who heard the gossip from this woman, to write down what they heard they should also have their contract details on the letter and sign it.

BUT be prepared for them NOT to want to do this (if they are Korean).

[Rutherford]

1) What your boss did may have been fraud or just a "misunderstanding" depending on who signed what form. Probably not worth pursuing unless you can easily prove some kind of harm was caused (stolen money, defamation, harassment).

2) Your GF should finish her final days of work.

3) If the boss contacts her new school or doesn't pay you what you are owed start the process of suing. Go into crazy ajossi mode and keep pressing the issue even if others (lawyers, police) try to discourage you. People get payouts in Korea for all sorts of ridiculous reasons. Try to get your former boss to settle with you.