Korean Job Discussion Forums

[sjk1128]

I'm writing to find out if anyone has any advice for me beyond what I've already done. I'll lay it out here by date:

March - June 2005 No issues.
July - December 2005 Salary paid progressively later.
Jan 11 2006 I told boss I would not renew my contract for another year. He was visibly angry but practically begged me to stay. Salary due, not paid.
Jan 13 1/3 of salary paid
Jan 16 Boss said rest of salary paid, only another 1/3 paid. I told him I would not renew. Made polite excuses.
Jan 19 Rest of salary still not paid. I called boss and told him to pay me the next morning.
Jan 20 Salary still not paid. Boss promised to pay by 1:00 pm. 1:15 I called him from the bank. Salary still not paid. I refused to work until being paid. Got the recruiter involved as mediator. At 6 pm, recruiter informed me my boss was firing me and that I had to move out of my house within less than a week.
Jan 23 Boss continued to refuse to see me. Paid salary for days that I had worked through January 19 (but no severance) and continued to insist that I move out of the apartment within the week. 2:00 pm I reported him to the Labor Board for firing me illegally, evicting me from my home illegally, threatening to have me deported, etc.
Feb 3 Another meeting at the Labor Board. Boss asked to come by Labor Board, didn't show.
Feb 17 Another meeting at Labor Board; lasted 2 1/2 hours. Boss showed up. Everybody seemed to kiss his arse. He put on a big show, coughed a lot, said I was a problem employee who quit and left him pitiful with no teacher.... No explanation for why he paid me later and later for more than 6 months. (December's pay had been 3 weeks late.) My bank book clearly shows his erratic payment history.
Feb 27 A letter arrived from the Labor Board that the decision would be postponed indefinitely. No explanation.
Mar 3 Had friend call officer to ask what was going on - said decision had been made, boss had been ordered to handle things with me by Mar 17. Friend said he sounded far less than committed to following through on my case.

For last several days have talked to boss by phone and e-mailed him. Asked him when I will be paid my severance pay. Have threatened him with a lawsuit for my salary, bonus, and plane ticket if he does not pay one month's severance pay as the law requires... He fired me with less than 6 weeks remaining in my contract just days after he was begging me to stay on for another year. Clearly, he was not dissatisfied with my job performance. He just wanted to pay me whenever he felt like it (and perhaps not at all when my contract would have ended?).

My question is, what else can I do aside from hire a lawyer and sue this dirty bastard? I feel the Labor Board Officer is putting less than his full effort into my case. I have ommitted lots of childish steps taken by my boss to make my life difficult/ stress me (i.e. having utilities disconnected in my home after just 2 days, having other hagwon owners take me out for drinks to try to entrap me in illegal part-time work situations so that he could have me deported once "caught", etc.)

Another Korean friend wrote to him recently and threatened to trash his reputation on the internet and contact the news media on my behalf if he does not pay me my severance pay right away (i.e. hit him in the pocketbook and try to cause him to lose students).

Any other ideas, or do I really have to go to court now?

Frankly, the toll on my personal life is also disheartening. Most of my friends are Korean. They are tired of hearing about how corrupt the Korean workplace seems to me in almost every aspect, and I am tired of hearing that this is somehow my fault because I "insulted" my boss by doing the honorable thing and giving him 6 weeks notice so he could find a new teacher. Was I really supposed to sign on for another year after the little weasel paid me late for 6 months? Or maybe I was supposed to give him no notice whatsoever and just try to get my money out of him before informing him on the very last day possible that I was not staying in his miniature kingdom? Is that the only way to do business in Korea?

[ontheway]

skj1128,

Where are you living now? Are you still in Koera? Do you plan to stay in Korea? Did you get a new job? It sounds like you're still living in your old hogwan's housing, weeks later. You need to move out quickly. When does your ARC or visa expire? You don't want to stay in Korea illegally.

You should take care of yourself and get your life going forward first. Then keep working on getting your money from your old boss.

As far as collecting money, the thing that hurt you was that you refused to work. That gave your boss the power to fire you.

When you get a new job, your new boss and your Korean friends can help you get your money. You should move on, and don't talk to your old boss. Let your new boss and friends handle him. After you get settled in a new job you can sue him and ruin his reputation all you want.

[Ya-ta Boy]

Before hiring a lawyer or doing anything else, wait till Friday (the 17th) and be at school at the crack of dawn. Plant yourself in the office and politely wait to be paid. I'd take a book with me, if I were you. And wait.

If he doesn't pay up as ordered, around 2 I'd head over to the Labor Board and start Round 2 with them. I see no need for a lawyer at this point. The Board found in your favor. They need to enforce their decision if they are going to have any credibility.

[Grotto]

Ya-Ta boy is right on the money.

You have your decision now put some pressure on him to come through.

I would suggest you bring a small tape recorder and tape anything he says to you....could come in handy if he tries to strongarm you

[margaret]

Also, don't forget to blacklist him and the school!
Margaret

[UncleAlex]

I'm surprised to hear that the KLB was so unsupportive in your case. My
experience with it was the complete opposite: my employer was ordered
to pay me my first month's salary or face a prison term. You can imagine
the amount of tears my former boss shed to win the sympathy of the KLB
official. He may have succeeded if an influential Korean friend hadn't been
with me at the office. Ironically, I was never asked to state my case, as the
three discussed and argued over the matter in the Korean. That goes to show
how much little regard the KLB has for us foreign teachers. By the way the
official kept looking at me during the course of the meeting, I felt he had resented
me. If you had gone to the KLB office to dispute with your boss on your own,
then I can see why you were so disgracefully treated. Try contacting the legal
bar association in Seoul. There are lawyers or legal experts who can advise
you on what legal course to take. I'd forget about suing your boss, for the legal
costs would far outweigh the amount of salary he owes you.

[just because]

[Yu_Bum_suk]

I think you've done most things right so far. Ya-ta and Grotto are right, though he may get the police involved, so make sure you explain to a k-friend what you're doing ahead of time so he can translate over the phone if the cops show up.

However I think UncleAlex idea of at least checking things out with some legal professionals isn't a bad one.

You don't have to work there and have got most of your money - I'd take that as a victory. Have you checked with the labour board to make sure you're not blacklisted?

[jjurabong]

You may also want to have a lawyer simply write a letter threatening legal action, if things are not settled by the 17th. This wouldn't be prohibitively expensive, and may show that you are serious about following through. It may give him an extra push. There is a female lawyer who specifically advertises to expats in the Seoul classified magazine - I have no idea if she's any good, though.

I do applaud you for being willing to see it through - things will never improve here as long as foreigners are willing to believe there's no recourse and they just have to give up.

Good luck.

[some waygug-in]

I hope you get your money, but depending on where you are and which office of the labor board you have to deal with......... things can vary greatly.

Having gone through this same thing, I feel for you. With all the contradictory "advice" that gets thrown around here, it's really hard to see what one should do in a particular case. Often what works in one case will backfire in the next. It just depends ...

I mangaged to get some of my money by involving an "older than the boss" Korean friend. Not all, but at least some. The labor board was completely useless in my case.

[the eye]

[buymybook]

Did you start last March? If so, you informed him much too early about your intentions for the future(unless your contract said something about informing them 2-3 months prior to end of contract). It sounds like the Labor Ministry has not made a final decision. It can take up to 3 months, be patient and wait for the final decision. Keep them informed of your address.

You could go back with a Korean that knows about your situation and try to convince the decision maker. If you do, go with a plan such as a reiteration of an important fact that you want to make sure the person understands. Unless you have another labor hearing date planned or scheduled no more evidence will be allowed.

Did you previously go there alone or with a Korean? To get them on your side you should go there with a Korean(male preferred). The Labor Ministry is usually pretty good, if you lose/lost there you have almost no hope in court.

[sjk1128]

I just thought I'd say thanks to the people who offered me advice. I got my money today, minus about 100,000 won. It seems my boss tried to calculate exactly how much I would consider not worth hounding him any longer to get - and subtracted that amount for "bills."

Now I intend to blacklist him on every site I can find as an untrustworthy employer. I really don't think he should ever be allowed to hire another foreigner. I would welcome any and all addresses of blacklist sites. I know a few, but I want to hit as many as possible...