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Weigookin74
Joined: 26 Oct 2009
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 Posted: Wed May 27, 2015 3:41 pm Post subject: Re: Being sued for 20 Million KRW! |
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| caulds989 wrote: |
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. |
I think most of us are confused on the details. How can she sue you for 20 million? Why would the court agree to this? What is the exact legal basis that lets her sue for 20 million. This does not make any logical sense. Do you have to go to jail if you don't pay or do you just get some kind of charge and a criminal record?
I guess if they are garnishing your wages, do a midnight run and kiss Korea goodbye or make it less suspicious and take a round trip vacation during your vacation to Japan or China. have the return stub to show you are coming back and then once in those countries book another flight home and never comeback. If you do actually have the 20 milion, perhaps hire some Koreans who have counterparts in Korea to mess with her? (No, I'm joking on that last one.) |
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Bongotruck
Joined: 19 Mar 2015
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| Posted: Wed May 27, 2015 11:50 pm Post subject: |
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| I asked the same thing but the OP is MIA. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Thu May 28, 2015 9:25 pm Post subject: |
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| Plain Meaning wrote: |
Find a Korean-qualified lawyer.
Shop around if you're worried about the retainer. |
Don't pay upfront whatever you do. Some will take the money and then sit on their lazy @$$. Had a friend go through a divorce here and he had to do much of the work himself as they were orignally married in America and he was a lawyer himself. He eventually got another Korean lawyer.
Only pay part and pay the rest after the case has been concluded satisfactorily. If no agreement, walk. |
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Weigookin74
Joined: 26 Oct 2009
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World Traveler
Joined: 29 May 2009
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| Posted: Sun May 31, 2015 4:56 pm Post subject: |
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http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3004792&cloc=joongangdaily
“I felt really vengeful today toward someone who previously employed me,” said D. “She did not pay me some money and I sued her, and she countersued me for 10 times the amount.
“Because I’ve never got the notification to show up at court, the judge, by default, ruled in her favor and it’s about 20 million won,” D continued. “The reason I’m so angry is because it effectively forces me out of the country because I’m not going to pay it. That ruins my future plans.” |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Sun May 31, 2015 8:40 pm Post subject: |
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| World Traveler wrote: |
http://koreajoongangdaily.joins.com/news/article/article.aspx?aid=3004792&cloc=joongangdaily
“I felt really vengeful today toward someone who previously employed me,” said D. “She did not pay me some money and I sued her, and she countersued me for 10 times the amount.
“Because I’ve never got the notification to show up at court, the judge, by default, ruled in her favor and it’s about 20 million won,” D continued. “The reason I’m so angry is because it effectively forces me out of the country because I’m not going to pay it. That ruins my future plans.” |
Not too hard to figure out who the OP is now. Thanks for the news article post WorldTraveller. |
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nate1983
Joined: 30 Mar 2008
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| Posted: Mon Jun 01, 2015 12:39 am Post subject: |
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| Stan Rogers wrote: |
| CentralCali wrote: |
| ^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. |
I'm sure he was given something. He just didn't know what it was and disregarded it. Ignorance of the law is no excuse, here, there or anywhere. So does this now mean that a Korean bounty hunter is out there looking for this wayg who skipped his court date and hasn't paid up?
I think immigration might grab him on the way out if he tries to leave. |
This isn't ignorance of the law, it seems that OP was never properly served. In the US, service generally has to be done IN PERSON (usually a proxy such as a spouse, or other confirmation of notice is acceptable too). If the person whom you're suing can't be found, the burden is on the plaintiff to find him/her.
What was the countersuit for anyway? What possible cause of action was there? You can't just countersue (or sue) without pleading the particularities of a cause of action. I'm not familiar with Korean law specifically, but I would imagine you can appeal the ruling - you can argue that:
1) The lower judgment should be dismissed as procedurally invalid since you were never properly served notice, and
2) The case should be dismissed on its merits (there is no substantive injury for which you are liable)
I am sure some of the bigger firms may be happy to take your case pro bono - attorneys with American Bar Association memberships (firms like Kim & Chang, Yulchon, Lee & Ko probably have a fair number as there are a lot of lawyers from my law school alone there) are supposed to do 50 hours a year. |
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EZE
Joined: 05 May 2012
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| Posted: Mon Jun 01, 2015 4:34 pm Post subject: |
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| He's going to mess around and end up paying his former boss 20 million. |
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ghostrider
Joined: 27 Jun 2011
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| Posted: Tue Jun 02, 2015 5:17 am Post subject: |
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| I never heard of the Seoul Honesty Group. It looks like they spent one whole meeting being honest about their fetishes. |
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Fox
Joined: 04 Mar 2009
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| Posted: Tue Jun 02, 2015 6:30 pm Post subject: |
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| Living a life where you spend so much of your time deceiving others and/or hiding your actual thoughts and feelings from others that you feel the need to form a group dedicated to "honesty" sounds pretty horrible, to be honest. I wonder what sort of thoughts, opinions, and beliefs it is these people hold, such that they dare not expose them in normal company. The examples given in the article World Traveler linked all seem fairly banal and uncontroversial; things that seem like they'd be no real problem to say in normal conversation with friends or co-workers. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Sat Jun 13, 2015 8:41 pm Post subject: |
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| nate1983 wrote: |
What was the countersuit for anyway? What possible cause of action was there? |
Seems like the countersuit was for damage to professional reputation.
This is what makes me shiver.
It would appear that in Korea you can be sued for massive amounts, on the most nebulous, illogical and flimsy of charges.
And that foreigners invariably lose such proceedings. We're sitting ducks here. |
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teecee
Joined: 18 Feb 2010
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| Posted: Sun Jun 14, 2015 1:44 am Post subject: Re: Being sued for 20 Million KRW! |
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| caulds989 wrote: |
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. |
Contact Bongsoo Jung ([email protected]). He is a labor lawyer at k-labor.com. He's been around for a while and should be able to help you. Good luck. |
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nate1983
Joined: 30 Mar 2008
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| Posted: Sun Jun 21, 2015 7:52 am Post subject: |
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| Chaparrastique wrote: |
| nate1983 wrote: |
What was the countersuit for anyway? What possible cause of action was there? |
Seems like the countersuit was for damage to professional reputation.
This is what makes me shiver.
It would appear that in Korea you can be sued for massive amounts, on the most nebulous, illogical and flimsy of charges.
And that foreigners invariably lose such proceedings. We're sitting ducks here. |
I guess that could be a civil (statutory in Korea?) thing, but only on the basis of filing a lawsuit? In the US there is a rule (11 in FRCP) against frivolous lawsuits that can be used, but it seems ludicrous to me that you can file a countersuit for professional reputation based on someone's civil complaint. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Tue Jun 30, 2015 3:40 am Post subject: Re: Being sued for 20 Million KRW! |
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| caulds989 wrote: |
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. |
Any update? |
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dhan89
Joined: 24 May 2012
Location: Los Angeles
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| Posted: Tue Jun 30, 2015 3:56 pm Post subject: |
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YO OP,
sorry to hear this. truly sorry....
Koreans are sneaky and in many cases corrupt.... saying this as a Korean as well... and they are very smart, lol, esp because they got real fucked up standards here favoring native koreans..
It's very likely that something happened backdoors for this case to swing other side. Honestly, I'm not too surprised....
Best bet is to quit the land.. Not worth it man.. |
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