Korean Job Discussion Forums

StAxX SOuL · Joined: 04 Jan 2006 Location: London

I thought I�d conduct a dialogue with a Korean Labor Attorney regarding my situation. A friend had an issue a while back and went to see this attorney and he proved quite inept then, but I thought I�d give him another run out with my current situation to see where he stood on the law. Note: This lawyer is advertised as English speaking but his ability is seemingly no better than some of the 12 year olds I teach the first stage of TOEFL to.

Anyway, vendetta aside I thought it'd be an interesting read for the job discussion forum, especially so since I tested him out on some of the points / issues raised here, so I'd welcome the opinions of the usual suspects.

OPENING DIALOGUE

I am leaving my contract at a hagwon position giving the relevant civil law notice since a notice period was surprisingly omitted from my contract. After sitting down with my boss however one issue remains.

I have occupied my position for 7 months, and was flown in to Korea on a one-way ticket. Now that I am leaving before the 12 months of the contract, she is stating that I must pay the cost of the airfare in, citing the below contract terms as grounds for this:

StAxX SOuL · Joined: 04 Jan 2006 Location: London

Remarkably missing the original question completely, here is:

LABOR ATTORNEY RESPONSE #1

Dear James,

I am on your position. After 7 months labor service, you are about to leave the Company. When you received one-way ticket, I think you do not have to pay back for the amount equivalent to round-ticket. According to the contract, you were supposed to receive a round ticket, but you just received one-way ticket.

Please explain this to your boss. I think your Employer does not want you to leave before the contract period, and that should be the reason. Please persuade her with some examples that you mentioned above.

StAxX SOuL · Joined: 04 Jan 2006 Location: London

MY FOLLOW UP

Thank you for your reply.

There is one element of my query that was left unanswered however. I would like to know where you stand on my employer's assertion that I must pay back my one-way ticket into Korea even after 7 months. This itself is not stated in the contract, but she is citing the 'must pay a fine equivalent to the round trip airfare' as her authority for paying back the one-way ticket my employer purchased to bring me to Korea.

To reiterate, my employer is not requesting that I pay the fine equivalent to a round-trip ticket after I made it clear how outrageous that would be, but my employer maintains I am under an obligation to refund my one-way ticket because the aforementioned terms whilst contrary to the Art. 27 of the LSA are included the contract.

Please find the relevant contract terms included below for your convenience:

StAxX SOuL · Joined: 04 Jan 2006 Location: London

And his follow up where he discredits any connection with Art. 27 of the LSA, and 'pre-determination of non-observance'

LABOR ATTORNEY RESPONSE #2

Dear Jaimes,

I know what you are asking in yoour question. As a labor attorney, I cannot say who is wrong or right. However, I can analyze what will be like in the dispute. The company is supposed to pay a round-ticket, but it actually paid only one-way ticket. According to the contract, when the contract is terminated before the end of the contract period, the employee shall pay some penalty for not fulfilling his duty. The penalty is to compensate for the amount for the round-ticket. The conflict is not related to labor issue. There is no connection with Article 27 of the Labor Standards Act.

In order to find whose opinion is right, I think I have to see more facts related to the case and old practices that the company did, and normal practice that other institutes have done.