Korean Job Discussion Forums

jlb · Joined: 18 Sep 2003

I think there is a clause of some sort that says if the place has less than (6????-not so sure) then there's nothing the labor board can do. Crappy but just the way it works in Korea. I have a feeling you might be screwed Sad

bucheon bum · Joined: 16 Jan 2003

prosodic · Joined: 21 Jun 2004 Location: ��

no, it actually isn't legit for them not to have paid into the pension system. There are only two ways around pension. 1) claim that you are a contract/freelance employee, which is almost impossible to do when sponsoring an E2 visa. Or 2) claim that you are part-time working fewer than eighteen hours a week, again very difficult to do when sponsoring an E2 visa.

There are certain clauses of the Labor Standards Act that a school is exempt from if there are fewer than five full-time employees and family members of the owner do not count in that number. Still, pension is not one of those clauses. Pension is under a separate law.

I would report them to the Labor Board, the National Pension Corporation, and the Tax Office. Depending on where you live, it's not that much running around to report them to all three offices. In central Seoul, both the Labor Board and the National Pension Corporation have offices next to Kongdeok subway station.

It might affect your pocket book a little bit. The tax office isn't that big a deal. You have to pay taxes no matter what. Reporting them to the National Pension Corporation means that both you and the employer will have to pay the back contributions of 4.5% each. So, you would take a hit to your pocket book now but get back both your and the employer's contributions when you leave. You end up ahead.

prosodic · Joined: 21 Jun 2004 Location: ��

Just to clarify, you should report them to the Labor Board regarding the illegal firing only.

You should report them to the National Pension Corporation regarding pension only.

You should report them to the Tax Office for tax evasion. If they're not submitting taxes for you, that probably means that they are not submitting accurate revenue records.

Yu_Bum_suk · Joined: 25 Dec 2004

thewhat · Joined: 03 Jun 2005 Location: Seoul suburbs

I still not clear on 2 things.

If i have not paid taxes, will i have to pay back taxes. i get cash, the whole 2 milliion. of course no one can prove what i get because its cash. i thought i scared them into paying all that when they were late twice and tried to deduct a whole bunch of bills etc.

now i think they dont pay tax at all, i do have an alien card and im the only forigner.

1- will the gov't help me if i have not payed or force me to pay up if i show up and start asking questions?

2- if i pay back contributions to the pension and the hagwon does too will i get the refund without completeing twelve month s?

i would love to call parents, i do have the numbers but no korean friend really, especially out here (2hrs from seoul)

thewhat · Joined: 03 Jun 2005 Location: Seoul suburbs

I still not clear on 2 things.

If i have not paid taxes, will i have to pay back taxes. i get cash, the whole 2 milliion. of course no one can prove what i get because its cash. i thought i scared them into paying all that when they were late twice and tried to deduct a whole bunch of bills etc.

now i think they dont pay tax at all, i do have an alien card and im the only forigner.

1- will the gov't help me if i have not payed or force me to pay up if i show up and start asking questions?

2- if i pay back contributions to the pension and the hagwon does too will i get the refund without completeing twelve month s?

i would love to call parents, i do have the numbers but no korean friend really, especially out here (2hrs from seoul)

prosodic · Joined: 21 Jun 2004 Location: ��

No L · Joined: 17 May 2004

If you're going back home and don't plan to come back to Korea, forget the taxes and pension. Go to the Labour Board and see what you can get them to get you in terms of last month's pay, severance and plane ticket money. Don't forget to go to immigration and fix your visa status after you file the labour board complaint. Your boss firing you cancels your visa, but immigration should extend it based on your labour board complaint.

buymybook · Joined: 21 Feb 2005 Location: Telluride

You get no pension but if you win at the labor office depending on what your contract says you could get the severance. Where did you get the word pension? Does it say that on your contract, if it does they fooled you because the labor law does not require them to pay because of the size of the Hakwon(I understand it is 5 full-time employees or less). The tax office is a good place to lodge a complaint if they happen to give a rats ARS? They told me that Hakwons do this all the time and they didn't seem to give a hoot. They told me they would set up my tax account information their internet site(you will need a Korean if you can't read or write Hangul) so that I can check my tax information online. I went their and the password didn't work. I will have to go back to the tax office again and complain! Did your employer give you a signed paper stating the reasons for firing youn with a 30 day notice? That is important because if they didn't they can invent/create/dream about new reasons for firing you each day. Take the first step, but don't say I told you so because you could be in for the fight of your life. Be ready to go the distance, if your not then quit the fussing and go cry to your mother/father like most other foreign teachers. I forgot to tell you something very important. If you win at the labor office they can't help you because of the size of the hakwon. You will have to obtain there final decision and submit it to the Civil Court/Judge as evidence. It's really a long process, decide what you want to do and do it! Find a Korean friend to help you. They might help for awhile but will probably quit so you will have to find another Korean friend, and another, and another, and another because that is the way it is. They quit, and will advise you to do the same just like other foreigners/teachers. You could feel like an outcast of society and may find it difficult to find a job. To fight the thing and work(you most likely can't tell your new employer of your court process) at the same time is difficult. Your alone buddy!

prosodic · Joined: 21 Jun 2004 Location: ��

prosodic · Joined: 21 Jun 2004 Location: ��

I agree that the legal process is long and frustrating.

spidey112233 · Joined: 21 Jul 2005

long process, runnig a thousand times to tax offices etc., getting people to help.. screw all that crap. by the sounds of these threads, looks like it'll takes you many months to solve. do it my way: steal everytihng you can, including cell phones then hawk it off Laughing

Wishmaster · Joined: 06 Feb 2003

It just bugs me to no end about Korea. These organizations that are supposedly to help you are just as corrupt as anything. EVERYTHING is in the employer's favor. They can pull your visa and you have to get out of their country as quickly as possible(although Koreans overstay their visas abroad and get a slap on the wrist). You don't have time to fight the legalities and who the hell would want to stay here for such a long time to do it. Frankly, I'm surprised that people still come here to teach. The system is completely pitted against you and all you apologists who say that the same thing happens at home...please...people employed legitimately have recourse. Here in Korea, we have the mythical Labor board(which, by the way, you must wait for three-four weeks...and keep working for the nutjob that is screwing you...otherwise, you have to leave the country...the labor board can only give an extension for two weeks). It is a joke and I think that our countries should be reciprocal with Korea. Tighten visa regulations and make sure they get punished for overstaying...Koreans need to wake up.