Korean Job Discussion Forums

[caulds989]

I am an English teacher in Seoul, and I desperately need some help.

This goes way way way back. The short story is my ex-employer released me from my contract about 3 months in. I left the school, went to work for a new school, but right after I left, she illegally garnished my wages that were due. I sued for the damages (about 2 million) and she told me if I didn't drop the lawsuit, she'd counter sue for 20 million. I didn't drop the law suit thinking she was bluffing and that the guy helping me said she had no case.

The labor court agreed that she owed me the money. She refused to pay it. The labor board then asked if we wanted to press criminal charges. I said yes. She was, in fact, found guilty of criminal charges of violating labor law against me.

However, at some point she did counter sue for the 20 million. ONly today did I get the notice that the judgement was in her favor and that I owe her 20 million. They will be garnishing my wages. This was a shock, given the history of the case as well as the fact that I never got the court notices, and thus never would have shown up for court. I feel trapped.

I have no idea how this happened. I only heard about it when they notified my current employer.

I think I need an actual labor lawyer. Any advice besides to lawyer up? How long does an appeal take? If I appeal, will they freeze the wage garnishing? I feel confident I would win an appeal, but I worry about not having enough money while they garnish. Any info is appreciated.

[Hatcher]

Kinda the same thing happened to me. A lawyer for advice (there are many around the court in Seoul) will cost you a couple of thousand dollars. But go see one. You can appeal on the fact that you never got notices.

I dont think she will garnish your wages but if she does, then leave Korea.

[young_clinton]

You might have to leave Korea, if they're going to treat you this way.

[CentralCali]

Have you ever heard of constructive service or substituted service? That's a legal concept describing the method of announcing to the respondent (the target of suit) that said respondent is being sued when he or she cannot be located at the last address provided owing, usually, to the respondent not providing a forwarding address. There are a few ways of executing constructive service, one popular way being publishing an announcement in the classified section of newspaper, preferably one that has a high circulation. Another way, depending on the jurisdiction, is attempted notification via electronic means (E-mail, Facebook, etc.).

ISTM that the OP may have been served notice in this manner. So long as the complainant (the party suing) has "exercised due diligence" in attempting to serve notice of a suit, the respondent is SOL unless he or she can prove that due diligence was not performed.

[Bongotruck]

Immigration supposedly has every expats address in the country. In this case I do not know if they would release this info.

OP, what exactly were you sued for? One account of petty butt hurt boss?

This country nevrr ceases to amaze me woth its Bronze age esque processes.

[CentralCali]

[Kepler]

I wonder what the OP was sued for. Several years ago, a foreign teacher was sued for defamation. She was ordered by the court to pay her hagwon 10 million won in compensation and was not allowed to leave Korea until she had done so. She had accused the hagwon of unethical conduct in letters she sent home to the parents.

[Bongotruck]

Kepler, in the case of your story, it is clear why that person got sued. Even if you don't agree.

The OP has clearly left something out of this story.

[metalhead]

You can't fight the system in South Korea. Sometimes it's just better to accept that your Korean boss will cheat you, not pay you and screw you over at every turn instead of you trying to do something about it. Living in Korea you must surely know this, and you don't live there to be treated fairly, you live there because it's a great culture with friendly people and a wonderful language to learn, not for fairness, come on.

[EZE]

And Koreans wonder why scrubs like me work here while the good teachers work in other countries.

[Scorpion]

What a country!

[Stan Rogers]

You engaged in a legal dispute and you lost....... If you would have no problem winning, you shouldn't have a problem with losing.

[CentralCali]

^Work on the reading comp, Stan. The OP didn't, according to him, get a chance to engage in the dispute. He clearly stated that he did not receive notice of any court matters relating to the counter suit.

[Chaparrastique]

You need to counter counter sue.

[catman]

Unfortunately you should probably just leave the country at this point.