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chiaa
Joined: 23 Aug 2003
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 Posted: Sat Jan 14, 2006 11:43 pm Post subject: |
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Congrats (and your first post was very difficult to read)
I believe that the court is going to appoint a collection agency to get you your money. The good thing is that you are not the one that has to pay their fee for collecting the money. The other party has to. Have one of your four ajumma friends find out if the collection agency has been signed.
It's not like in the states where you can wait years and year to collect on a judgement. It's a matter of weeks and they will start selling people's shit if they don't have the cash. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Sun Jan 15, 2006 2:14 am Post subject: |
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If I owned a school I'd much rather pay severence and have a worker complete 2 or 3 years than have to front up recruiter fees and go through the process of hiring new, and perhaps, using the '30% runner rule,' unreliable workers.
The employer didn't honor the contract. So that's their loss now, right? You did it, and will eventually get your money. But, I have a few questions.
Why did the employer want to let you go at 10th/11th? month. As above, he/she will not gain much from dismissing you. Hell, in business what's two million won when it brings future security? He/she must have felt a reason to do so.
What was this reason?
Was it the picketing? I'd want to fire someone, too rather than pay salary for them to screw my business. Or, was the picketing after being fired?
Why were you picketing in front of the school. Why not just have gone to the labor department? That's what they are there for.
Or, was it a personal crusade/mission?
Questions still unanswered.
By the way, if I have not read into your writing and guessed at the hints, I'd like then to preempt the 'Duh' at the end of your response to this letter. Don't use it, thank you. I'm not dumb, neither are the people who responded to you initially.
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Big Mac
Joined: 17 Sep 2005
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| Posted: Sun Jan 15, 2006 12:02 pm Post subject: |
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OK, I've written enough about the writing. Now I'll talk about the situation the OP brings up.
I completely agree that hogwan owners should not be allowed to fire people in their 11th month. If they do that, they are usually trying to avoid the one month's severence pay at the conclusion of the contract. I would have fought the owner tooth and nail if that had happened to me.
I suspect this was not the case here though.
The OP talks about picketing. He beats around the bush on the details about this picketing. In order for us to form an opinion on whether or not his firing was justified we need to know more about his picketing activities. Plain and simple.
My interpretation of the original posting says that there were two cases here. In the first case, the OP was being sued by his employer. He lost and had to pay 5 million Won...which is over half of what he and his Korean friend were being sued for. This was no victory, but a total loss for him. Obviously the judge found that the hogwan owner had suffered a significant enough headache from his picketing activities that it warranted payment.
Then he took the owner to the labour board. He says he won but they couldn't help because there is no protection for employees of a hogwan with less than five employees. That's what he says and it could be true. But it could also be that he didn't have a case.
Then the OP sued the employer. In this second case he sued for a completely unreasonable amount, 20 million Won. Part of his case was that his employer lied to immigration and made it difficult for him to get work. We don't know for sure if his employer lied. If someone picketed my business unreasonably I would try to get them blacklisted too. From what I read, I don't think he was granted any money for that. Why?
He doesn't tell us how much he actually got in the end. It sounds like it was a small victory, really.
He says "So, this past week the Judge ruled they must pay salary owed, salary to be paid, bonus, plane ticket, rent, through the end of the contract, translation/interpretation fees."
I would say that would account for maybe 2 or 3 million Won of a 20 million Won lawsuit. Big victory.
So, buymybook, why don't you tell us about your picketing activities? |
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Grotto
Joined: 21 Mar 2004
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| Posted: Sun Jan 15, 2006 12:22 pm Post subject: |
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Congrats on getting a judgement and for standing up for your rights.
Ignore the dumbasses on this board, many of them have no life and live only to stir shyte up.
It doesnt really matter what they think...hell it doesnt matter what I think!
I hope you get your money. |
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kermo
Joined: 01 Sep 2004
Location: Eating eggs, with a comb, out of a shoe.
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| Posted: Sun Jan 15, 2006 2:57 pm Post subject: |
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OP,
How do you know that the school was not actually receiving complaints about you? It must seem incredible, given your sweet disposition and gentle temperment, but it may be true.
Re: the doctor's bills, it seems to me that this "headache" was figurative language, and if you admit to picketing, then that's all the evidence they need that you're disrupting their business. |
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Wrench
Joined: 07 Apr 2005
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| Posted: Sun Jan 15, 2006 3:21 pm Post subject: |
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I understand why the OP was upset. You guys came off as assholes right of the bat. You started accusing the OP and you made him/her feel like shit.
You guys should be congratulating or at least supporting the OP but you do the opposite. No wonder the OP get upset your personally attacking the OP to the addition of his numerous troubles with his workplace.
The only person that didn't come off as a self righteous jerk is Groto.
I will personally thing twice about posting any of my problems on this board. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Sun Jan 15, 2006 10:07 pm Post subject: |
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| Wrench wrote: |
I understand why the OP was upset. You guys came off as assholes right of the bat. You started accusing the OP and you made him/her feel like *beep*.
You guys should be congratulating or at least supporting the OP but you do the opposite. No wonder the OP get upset your personally attacking the OP to the addition of his numerous troubles with his workplace.
The only person that didn't come off as a self righteous jerk is Groto.
I will personally thing twice about posting any of my problems on this board. |
Thanks to you for the support as well as the others(Weatherman, Grotto)and anyone else I missed). There really is so much information. Some additional...Someone asked why I picketed/demonstrated and the reason is because it is supposedly legal. Someone wanted more information about it. Well, I acted in a civil manner unlike the S. Korean farmers in Hong Kong.
In fact on my way to picket/demostrate one day I saw the owner on the sidewalk a couple blocks away. I walked into a Family Mart to buy some water. He followed me inside and started attacking me in an effort to steal my picket sign/sketchbook. The worker kicked him out and I followed after I purchased water. He started chasing me and I ran. He continued trying to steal my picket sign(sketchbook) while people gathered. I yelled "help me," nobody did.
There must have been 100 people who gathered around watching. The police finally came and stopped him, took us to the station and told him to stop. He waited for me outside the station and stalked me each step I took. Down the road was his wife approaching, I walked along side and behind the station where him and his wife were now teaming up together. I continued with my back turned when the little man hit me from behind, like a defensive football player. I fell to my knees scratching them.
He and his wife continued attacking me pushing me up against a stone flower bed bruising my hip while the wife scratched my back and neck. This whole time I'm holding on to my picket sign/sketchbook. Somehow the little man's big head gets caught between my arm/elbow when I lodge it against the side of my body/chest. At that moment I saw a truck about 15 yards ahead so I began running towards it to smash the little man's big head against the side and to get away from his wife. Luckily for him he escaped just before we reached the truck, but unfortunately that is where they overcame me.
The wife ran away with my picket sign/sketchbook. The police were there quickly and we went back to the station when they transfered us to the larger station in Gangdong. I was at the station 6 hours. They took pictures of my scratched back and neck. The husband paid a 300,000 Won fine to the police and I gathered the police report for the Judge/Court. I also subbmitted cam-corder evidence of these people illegally entering my house with the help of a locksmith before they paid some my salary for the last month worked. He also entered my house taking my belongings outside, spit on my, kicked me, sang "Fuc**** U.S.A., you know to the Beach Boys tune, saying "America kill my people etc..." |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Sun Jan 15, 2006 10:09 pm Post subject: |
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| Wrench wrote: |
I understand why the OP was upset. You guys came off as assholes right of the bat. You started accusing the OP and you made him/her feel like *beep*.
You guys should be congratulating or at least supporting the OP but you do the opposite. No wonder the OP get upset your personally attacking the OP to the addition of his numerous troubles with his workplace.
The only person that didn't come off as a self righteous jerk is Groto.
I will personally thing twice about posting any of my problems on this board. |
Thanks to you for the support as well as the others(Weatherman, Grotto)and anyone else I missed). There really is so much information. Some additional...Someone asked why I picketed/demonstrated and the reason is because it is supposedly legal. Someone wanted more information about it. Well, I acted in a civil manner unlike the S. Korean farmers in Hong Kong.
In fact on my way to picket/demostrate one day I saw the owner on the sidewalk a couple blocks away. I walked into a Family Mart to buy some water. He followed me inside and started attacking me in an effort to steal my picket sign/sketchbook. The worker kicked him out and I followed after I purchased water. He started chasing me and I ran. He continued trying to steal my picket sign(sketchbook) while people gathered. I yelled "help me," nobody did.
There must have been 100 people who gathered around watching. The police finally came and stopped him, took us to the station and told him to stop. He waited for me outside the station and stalked me each step I took. Down the road was his wife approaching, I walked along side and behind the station where him and his wife were now teaming up together. I continued with my back turned when the little man hit me from behind, like a defensive football player. I fell to my knees scratching them.
He and his wife continued attacking me pushing me up against a stone flower bed bruising my hip while the wife scratched my back and neck. This whole time I'm holding on to my picket sign/sketchbook. Somehow the little man's big head gets caught between my arm/elbow when I lodge it against the side of my body/chest. At that moment I saw a truck about 15 yards ahead so I began running towards it to smash the little man's big head against the side and to get away from his wife. Luckily for him he escaped just before we reached the truck, but unfortunately that is where they overcame me.
The wife ran away with my picket sign/sketchbook. The police were there quickly and we went back to the station when they transfered us to the larger station in Gangdong. I was at the station 6 hours. They took pictures of my scratched back and neck. The husband paid a 300,000 Won fine to the police and I gathered the police report for the Judge/Court. I also subbmitted cam-corder evidence of these people illegally entering my house with the help of a locksmith before they paid some my salary for the last month worked. He also entered my house taking my belongings outside, spit on my, kicked me, sang "Fuc**** U.S.A., you know to the Beach Boys tune, saying "America kill my people etc..." |
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Big Mac
Joined: 17 Sep 2005
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| Posted: Sun Jan 15, 2006 10:43 pm Post subject: |
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Wow, I knew the picketing story would be the most interesting of all.
Now your story is becoming fascinating to me. I can't believe they attacked you like that.
I still have some questions though:
1/ Why were you picketing? Please tell me the circumstances that caused you to do it...I know it's legal.
2/ What did your picket sign say?
3/ When did you picket? Was it before or after you were fired?
4/ Who saw you picketing? (eg. students, mothers?) How many students did they lose as a result?
By the way, this post was well written. I was glued to my seat while reading it. Good job. |
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Pak Yu Man
Joined: 02 Jun 2005
Location: The Ida galaxy
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| Posted: Mon Jan 16, 2006 11:19 pm Post subject: |
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Screw them OP. I guess they need something to do. Perhap they shoudl go play Maple Story or Kart rider...It's seems to fit them.
Congrats for standing up and not taking it up the ass like others would. |
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Satori
Joined: 09 Dec 2005
Location: Above it all
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| Posted: Tue Jan 17, 2006 1:49 am Post subject: |
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| buymybook wrote: |
| The husband paid a 300,000 Won fine to the police and I gathered the police report for the Judge/Court. |
That money is supposed to go to you. That is what happens when it`s a Korean/Korean fight. The person deemed to be in the wrong by the police ( and oddly it`s the person is hurt the least, no matter who started it ) pays the other person a fine. |
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bellum99
Joined: 23 Jan 2003
Location: don't need to know
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| Posted: Tue Jan 17, 2006 2:53 am Post subject: |
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| Holy they are pyschos. It is a scary thing just how far some people will go for a little money. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Wed Jan 18, 2006 1:39 am Post subject: |
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| chiaa wrote: |
Congrats (and your first post was very difficult to read)
I believe that the court is going to appoint a collection agency to get you your money. The good thing is that you are not the one that has to pay their fee for collecting the money. The other party has to. Have one of your four ajumma friends find out if the collection agency has been signed.
It's not like in the states where you can wait years and year to collect on a judgement. It's a matter of weeks and they will start selling people's *beep* if they don't have the cash. |
I think I must put a bond on their moveable property before they will start selling their S***
I think I should clarify something. Although people think a 1-man demonstration is legal and the police gave me permission to picket(Myeong-il dong and the Gangdong-gu police station). I also spent time in Criminal Court and was found guilty of "Defamation of Character."
The Judge reduced the 2 million Won fine 50% because they(my former employer/The "Kims") still owe me salary money and I guess the Judge understood why I picketed. At one time I was ordered to pay 1.000,000 Won. The Criminal Court Judge said that if I don't pay, I will go to jail at 50,000 Won per day = 20 days. I never received the "letter in the mail" so I haven't paid(more about the "letter in the mail" below)!
During the Criminal trial I didn't ask for a court appointed attorney so the Judge never offered. I appealed the decision and that time I did ask the court for an Attorney. They supposedly listened to my appeal and then dropped my appeal. So, I guess I'm suppose to pay 1.000,000 Won or appeal to the Supreme Court in Seocho. I didn't appeal because the Civil Court Judge said(supposedly or according to my Interpreter) the last day of my Civil Court would be 12/27/2005. She/Interpreter gave me wrong information and I returned for my "real" last Civil Court on 01/10/2006. The Civil Court Juge was waiting for the Criminal Court to end before he made a decision. But how can the Criminal Court really be over if I never received the "letter in the mail" informing me of important appeal information and/or how/who/when to pay, if at all?
My Criminal Court Attorney said he would ask the Criminal Court if I could be placed on "Probation" or whatever and that if I didn't get in any trouble for 6 months I wouldn't have to pay. I really don't know what's up without the "letter in the mail." I think it is about time to go see my Criminal Court Attorney and ask why I haven't received the "letter in the mail."
The Criminal Court Attorney also said that in 20 years he had never had or seen a case like mine. Could it be that only foreigners get taken to Criminal Court for picketing/demonstrating? How/Why does the police give permission to picket while supposedly a 1-man demonstration is legal but yet someone(a foreigner) can be found guilty in Criminal Court and ordered to pay a fine?
I'm also still waiting for the Civil Court "letter in the mail" my Ajumas said I would receive. The courts know my address so that ain't the reason.
To sum it up again,
10.900,000 Won minus 5.000,000 Won and possibly - another 1.000,000 Won if I have to pay the Criminal Court = 4.9 million Won. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Wed Jan 18, 2006 2:54 am Post subject: |
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Yeah, well, who the hell on this board would know what the procedure is.
That's why I wonder why on Earth you chose that route. |
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Big Mac
Joined: 17 Sep 2005
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| Posted: Wed Jan 18, 2006 9:36 am Post subject: |
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Wouldn't it have been better to tell us the whole story right from the top? All the missing information really hurt your credibility.
I guess that's why you were hesitant to tell us what you put on the sign. Obviously, if you were found to be defaming the boss's character, what you said on the sign could not be backed up with proof.
I'm still interested in the answers to the questions above. You still haven't answered them. |
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