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Hakwon sues teacher.....Well....here's a twist!!!!
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Mon Aug 22, 2005 5:11 am    Post subject: Hakwon sues teacher.....Well....here's a twist!!!! Reply with quote

A friend of a friend in Busan filed a complaint with the labor board for wrongful termination.....11th month firing. Hakwon tells the labor board....she was not fired...she quit. (Yeah right....11th month and someone quits....losing out on airfare, severence, etc...)
anyway....hakwon turns the tables and sues the teacher for breaking the contract!!!! Here's the kicker....the teacher CAN'T leave korean until the matter is resolved! Immigration put a hold on her passport! It is not a criminal matter...it's a civil matter....still....once the hakwon filed a lawsuit against the FT and the documents were given to immigration....the person can't leave! And also can't work! Could take months to resolve the issue she is told! In the mean time....she's stuck.
I thought there has to be more to this story then just this....but...when I asked immigration the question....what if....immigration also told me....you
can't leave korean until the matter is finished! So....I guess I'd think twice about suing wangja...even if I thought I was right!
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Mon Aug 22, 2005 6:51 am    Post subject: Reply with quote

easy...go to gimpo airport or busan or any other place that can ferry you to the closest non-Korean place. THEN.......TAKE OFF!!!!! Take a boat somewhere. Not that hard I am sure (especially from the coastal cities).
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Mon Aug 22, 2005 7:00 am    Post subject: Reply with quote

cubanlord wrote:
easy...go to gimpo airport or busan or any other place that can ferry you to the closest non-Korean place. THEN.......TAKE OFF!!!!! Take a boat somewhere. Not that hard I am sure (especially from the coastal cities).


If immigration has put a hold on the passport, then it will show up on their file when the clerk at passport control brings up your file on their computer.

Also I would get a person to double check with immigration that is the case, or the relying on second hand informaiton


Last edited by crazylemongirl on Mon Aug 22, 2005 7:01 am; edited 1 time in total
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Mon Aug 22, 2005 7:01 am    Post subject: Reply with quote

if immigration has gotten up off of their lazy butts to do so. If you are fast enough...then go for it (or take an illegal boat trip). I am SURE there is a way. This country doesn't exactly follow their own guidelines to a T.
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Gopher



Joined: 04 Jun 2005

PostPosted: Mon Aug 22, 2005 7:14 am    Post subject: Reply with quote

Something sounds strange about this to me.

You are saying that Immigration is enforcing a civil matter and detaining your friend in Korea based on a claim in civil court, is that correct? They broke the contract by firing the teacher, and now they're suing him or her for breaking the contract?

Is there any other information pertinent to the fact pattern here: did this teacher damage the apt., leave a huge unpaid phone bill, steal something from the hogwon, anything other than just try to quit and leave?
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jlb



Joined: 18 Sep 2003

PostPosted: Mon Aug 22, 2005 12:45 pm    Post subject: Scary stuff Reply with quote

If this story is true, that's some scary stuff going on. My hagwon fired me but then lied to the labor board and immigration and said I quit. I'm just thankful now that they didn't pursue the matter in civil court...that would have sucked.
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funplanet



Joined: 20 Jun 2003
Location: The new Bucheon!

PostPosted: Mon Aug 22, 2005 1:46 pm    Post subject: Reply with quote

She should go to her embassy...perhaps it's illegal for immi to hold her passport for a civil matter...who knows?

or.....just get a new passport and say "adios!" Very Happy
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Mon Aug 22, 2005 3:14 pm    Post subject: Reply with quote

Something about this sounds really strange. Marc the lawyer on ES should be the first person you're asking about this.

There must really be more to this story than meets the eye.
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Gopher



Joined: 04 Jun 2005

PostPosted: Mon Aug 22, 2005 4:07 pm    Post subject: Reply with quote

funplanet wrote:
She should go to her embassy...perhaps it's illegal for immi to hold her passport for a civil matter...who knows?

or.....just get a new passport and say "adios!" Very Happy


OK, man, the OP said that Immigration put a hold on her passport, not that Immigration is holding her passport.

Let's not let this thing get out of hand...
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Mon Aug 22, 2005 4:09 pm    Post subject: Reply with quote

I agree with a couple of the posters here, there must be more to it.

That being said, I can just as easily imagine some archane rule like this on the books. I do hope your friend fights it out though (and wins).
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FUBAR



Joined: 21 Oct 2003
Location: The Y.C.

PostPosted: Mon Aug 22, 2005 4:54 pm    Post subject: Reply with quote

Yu_Bum_suk wrote:
Something about this sounds really strange. Marc the lawyer on ES should be the first person you're asking about this.

There must really be more to this story than meets the eye.


For sure. Sounds like someone has a buddy at immigration. Definately calling the embassy would be my first step. Forget EFL law or anyone those guys. Only if the embassy fails to get back the passport would I be talking to the other guys.
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trevorcollins



Joined: 02 Jul 2004

PostPosted: Mon Aug 22, 2005 6:26 pm    Post subject: Reply with quote

cubanlord wrote:
Take a boat somewhere. Not that hard I am sure (especially from the coastal cities).


I somehow doubt there's gonna be a Mariel Boatlift MK. 2 to get some deadbeat hagwon jockey, Tony.
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fidel



Joined: 07 Feb 2003
Location: North Shore NZ

PostPosted: Mon Aug 22, 2005 6:54 pm    Post subject: Reply with quote

FUBAR wrote:
Yu_Bum_suk wrote:
Something about this sounds really strange. Marc the lawyer on ES should be the first person you're asking about this.

There must really be more to this story than meets the eye.


For sure. Sounds like someone has a buddy at immigration. Definately calling the embassy would be my first step. Forget EFL law or anyone those guys. Only if the embassy fails to get back the passport would I be talking to the other guys.


As already mentioned a 'hold' on a passport does not equate to having someone take physical possession of the passport, it relates to something else entirely.
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Mon Aug 22, 2005 7:57 pm    Post subject: the law is different Reply with quote

The school can sue you for libel and defaming them. These things ae serious here.
If you are disrupting a place of business, then they can also have you put in jail for the night. (i saw it)

They can block you leaving if you disrupted the business and cost them profit.


Last edited by bellum99 on Tue Aug 23, 2005 2:37 am; edited 1 time in total
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Gopher



Joined: 04 Jun 2005

PostPosted: Mon Aug 22, 2005 8:04 pm    Post subject: Re: the law is different Reply with quote

bellum99 wrote:
The school can sue you for libel and defaming them. These things ae serious here.
If you are disrupting a place of business, then they can also have you put in jail for the night. (i saw it)


Sounds plausible.

But are you also agreeing that it sounds plausible that a hogwon could block your attempts to leave Korea if you quit your job? Because that doesn't sound right to me.

In any case, as I've said before on this board, the Koreans' style of operating creates the Midnight Run. If you're going to quit, there is really no other rational option...
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