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Deposits
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pegpig



Joined: 10 May 2005

PostPosted: Mon Aug 08, 2005 5:06 am    Post subject: Reply with quote

Milwaukiedave wrote:
Grotto: Yes, I did my visa run on the 22nd of July. It's a pitty because I had (and I guess still have) high hopes for the school. I try to go into a job with a positive attitude.


I think the advice by Grotto and the nice guy are one approach, but run counter to what you said in your quote. I would try to handle it with a little more tact. If you approach it aggressively you're not going to have a pleasant stay, if that really is your hope.

I'd still like to see where it says that deposits are illegal. I know it's been discussed ad nauseam, but I still haven't seen the proof.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Mon Aug 08, 2005 5:54 am    Post subject: Reply with quote

Check out EFL Law, you can find it on there. Here is the link for you:

http://www.efl-law.com/contracts.html

Grotto is right. I wish I had listened to Grotto way back when.


Article (i) of the deceptive practices section.

http://www.efl-law.com/deceptive_practices.html#18
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Homer
Guest




PostPosted: Mon Aug 08, 2005 7:44 am    Post subject: Reply with quote

Grotto,

I was not defending the guys boss...please be more careful in your responses to my posts... Rolling Eyes

You assume far too much.

I was merely comparing the demand for a deposit here to that of a landlord backhome.

The deposit is illegal, I am aware of this. However I can see the sense and reason why some school owners would ask for such a deposit.
Now, Grotto, just to be safe: I am just discussing the issue. I am not defending Korea, Koreans, Kimchi, or the hakwon owner.You are smarter then this Grotto, please take the time to read and then use that brain of yours before responding with some knee-jerk response and calling me an apologist.

Anyway, the deposit is illegal, hence the guy should go to the labour board. However, I completely understand why some schools feel the need to ask for a security deposit. Having been here a few years, I have seen teachers get screwed by owners many times but just as many cases of teaching leaving at the end of their contracts and leaving heaps of unpaid bills.

This problem is two sided. This particular case (the OP's) is a teacher who has the right to defend his legal rights. I have no complaints about this.

Get it now Grotto?
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nrvs



Joined: 30 Jun 2004
Location: standing upright on a curve

PostPosted: Mon Aug 08, 2005 8:08 am    Post subject: Reply with quote

W600,000 deposits for utility bills are one thing, but the maintenance fees are nothing to quibble over.

I pay W30,000 every month for my villa and it's more than worth it. Maybe my building is out of the ordinary, but the ajeoshi security guard/maintenance man is hardworking and I feel good knowing he's around every day.

Good story:

The main drain in my villa clogged. Since I live on the ground floor, this is a big problem. I alerted the ajeoshi, who was industriously sweeping the concrete path around the building. At the time, my Korean wasn't so good so I was like "hwajangsil...uh...DDONG!" and made the appropriate gestures indicating it was coming from the drain. He made the "aissh" noise and came to inspect the situation in my bathroom and laundry room. After a few more minutes of aissh-ing and aigo-ing, he was knee-deep in sewage, wearing waders, forcefully unclogging the sewer with a 10 foot long 2x4. The sewer gas fumes were intense, and he made me stand above the manhole in case he passed out. At this point, I realized that my W30,000/mo was well spent.
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pegpig



Joined: 10 May 2005

PostPosted: Mon Aug 08, 2005 2:47 pm    Post subject: Reply with quote

To clarify, the op's contract didn't mention a deposit, so he should not be paying a deposit. That's pretty straight forward.

To begin with I am not defending hogwan owners in general. I would say most are shite. And, I probably wouldn't sign a contract now with a deposit clause in it. But, if everything else about the place was good and I had talked to teachers past and present w/o any alarms, why not?

The disclaimer from EFL Law that I keep getting as proof of the illegality of deposits bothers me though.

Quote:
Apartment Security Deposit
i) Some schools include in their contract that the teacher must pay an 'apartment security deposit' (ASD) of 600,000 Won which is deducted from the initial pay, and is designed to cover any outstanding apartment expenses or damage caused willfully or negligently by the teacher during his stay - some schools have fabricated stories and reasons as to why the' ASD' should not be refunded - thus one should be very wary of signing this type of contract.


It doesn't say anything about illegal. It says that some unscrupulous schools don't want to pay it back, and that is why people should be careful about signing contracts with this clause in it.

Still waiting for proof of the illegality of deposits.
Next batter. Wink
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Wangja



Joined: 17 May 2004
Location: Seoul, Yongsan

PostPosted: Mon Aug 08, 2005 3:10 pm    Post subject: Reply with quote

Tipping my toe into murky waters I hazard a guess that the deposit per se is not illegal but the act of deducting it from the pay cheque is.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Aug 08, 2005 3:23 pm    Post subject: Reply with quote

exactly Wangja
the deposit in itself is not illegal. Deducting it from your wages is!

basically if they want a deposit they have to get it from you before you start work. Once you start they cannot deduct it from your cheque

good clarification
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Tue Aug 09, 2005 3:09 pm    Post subject: Reply with quote

I am trying to handle it with some degree of tact at this point. I talked to the director and he said he didn't understand that both the maintence fee and the deposits were an issue with me.

I explain to him in a diplomatic way, that if he was unable to reverse the deposits I would have to go to the Labor board. At this point, I'm giving him until the end of next week to fix the problem.

A non-related issue that I want to address in this thread, is the attacks several people have made on each other. There is no reasonl for people to verbally slap each other around. I appreciate any help people have given to solve the problem I posted about.
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