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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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jangsalgida
Joined: 11 Jan 2006
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Posted: Thu Oct 04, 2007 7:39 pm Post subject: Public School Not Paying Pension |
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I signed with them(through an agency) agreeing to this in the contract but I've heard it is illegal for them to do that.
Can I fight this at the pension, tax, and education ministries? |
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Jizzo T. Clown

Joined: 27 Mar 2006 Location: at my wit's end
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Oct 04, 2007 8:49 pm Post subject: Re: Public School Not Paying Pension |
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jangsalgida wrote: |
I signed with them(through an agency) agreeing to this in the contract but I've heard it is illegal for them to do that.
Can I fight this at the pension, tax, and education ministries? |
I am a bit confused. Do you mean that in your contract you exempted yourself from paying them?
Pension, medical and income tax are required by law to be paid with the amount you pay being based on your salary.
You cannot contract to break the law. Any clause in a contract that does so becomes void and is not enforceable by either party.
There is no legal remedy for you. You have to pay.
If you meant they are NOT paying then you can force them to enroll you and pay into them. |
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jangsalgida
Joined: 11 Jan 2006
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Posted: Thu Oct 04, 2007 9:43 pm Post subject: |
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No, I didn't exempt myself. They just wrote that I won't get pension or they don't have to pay/provide it for me.
What should be my first step to get it, the pension office? And then...? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Oct 04, 2007 10:01 pm Post subject: |
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jangsalgida wrote: |
No, I didn't exempt myself. They just wrote that I won't get pension or they don't have to pay/provide it for me.
What should be my first step to get it, the pension office? And then...? |
Getting the cash refund when you leave will depend on where you are from.
At the moment citizens from th e UK and NZ are NOT eligible for a cash refund BUT for Brits it does get transfered to their national pension accounts in their home countries.
Canadians and Americans get a refund when they leave - they simply drop into the pension office, fill in an application, show their outbound ticket and bank information and wait for the refund.
Australians will be added to the list for refunds in 2008 and it is retroactive so those who were here before can apply for their refunds.
I don't know about South Africans.
The text of the various treaties between the countries is available on the pension office website. http://www.nps.or.kr/jsppage/english/main.jsp
For a refund of a couple/three million won it might be worth your while to peruse the site.
.
Last edited by ttompatz on Fri Oct 05, 2007 12:05 am; edited 1 time in total |
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Ekuboko
Joined: 22 Dec 2004 Location: ex-Gyeonggi
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Posted: Thu Oct 04, 2007 11:07 pm Post subject: |
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ttompatz wrote: |
[At the moment citizens from th e UK and NZ are NOT eligible for a cash refund BUT it does get transfered to their national pension accounts in their home countries.
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Where did you find this information - didn't think NZers even got that! First I've heard of it. |
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xtchr
Joined: 23 Nov 2004
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Posted: Thu Oct 04, 2007 11:30 pm Post subject: |
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Ekuboko wrote: |
ttompatz wrote: |
[At the moment citizens from th e UK and NZ are NOT eligible for a cash refund BUT it does get transfered to their national pension accounts in their home countries.
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Where did you find this information - didn't think NZers even got that! First I've heard of it. |
Ditto... (we don't have national pension accounts). |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Oct 05, 2007 12:05 am Post subject: |
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Please allow me to update this with current information:
http://www.nps.or.kr/html/download/guide_for_foreigners.pdf
Countries provided lump-sum refunds under the Social Security Agreement (5 countries)
Germany, U.S., Canada, Hungary, France
Countries provided lump-sum refund on the principle of reciprocity (29 countries)
Belize, Grenada, Nigeria, Barbados, Saint Vincent and Grenadine, Zimbabwe, Cameroon, Congo, Thailand, Togo, Venezuela, Ghana, Malaysia, Vanuatu, Bermuda, Sudan, Sri Lanka, Switzerland, El Salvador, Jordan, India, Indonesia, Kazakhstan, Kenya, Trinidad and Tobago, The Philippines, Hong Kong, Turkey, Columbia
Countries exempted from the National Pension (18 countries)
South Africa, Nepal, Russia, The Maldives, Myanmar, Bangladesh, Vietnam, Saudi Arabia, Singapore, Armenia, Ukraine, Ethiopia, Iran (under the social security agreement), Egypt, Tonga, Pakistan, Fiji, Cambodia
Australia is due to be added in 2008. See the website for details (social security agreements).
Brits can see the agreement and how it pertains to them there too.
http://www.nps.or.kr/jsppage/english/agreement/agreement_02_02_01.jsp
http://www.nps.or.kr/jsppage/english/main.jsp
if you want to peruse the pension service home page for other information.
Last edited by ttompatz on Sun Oct 07, 2007 1:13 am; edited 2 times in total |
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gk

Joined: 27 May 2007
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Posted: Fri Oct 05, 2007 2:00 am Post subject: |
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Did either Jizzo or the OP get this issue definitively resolved? I have started receiving paychecks from my GEPIK school, and the only deduction was medical, no income tax or pension. I asked my co-teacher about it and she said it was just a mistake. After she talked to the people in the financial office, she came back with the answer "you don't have to pay it." I politely, but firmly, said that I do. The tentative resolution is that it will be deducted x2 on my next paycheck, which sucks but hopefully will fix the problem. If that doesn't actually happen either, I'm sort of at a loss.
Judging from the number of complaints I've read, this seems to be a common problem though. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Oct 05, 2007 2:30 am Post subject: |
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gk wrote: |
Did either Jizzo or the OP get this issue definitively resolved? I have started receiving paychecks from my GEPIK school, and the only deduction was medical, no income tax or pension. I asked my co-teacher about it and she said it was just a mistake. After she talked to the people in the financial office, she came back with the answer "you don't have to pay it." I politely, but firmly, said that I do. The tentative resolution is that it will be deducted x2 on my next paycheck, which sucks but hopefully will fix the problem. If that doesn't actually happen either, I'm sort of at a loss.
Judging from the number of complaints I've read, this seems to be a common problem though. |
Jizzo got his problem resolved.
Call the GEPIK office or point them to the pension system website. The problem lies in the fact that many of them (co-teachers or office staff) have never had to deal with foeigners before and really have no clue.
There is a book published by GEPIK (in Korean) that tells the schools what they need to do and how to do it. When I get back to work on Monday I will scan the cover for you so you can show it to them and they can get a copy from the provincial office.
Edited in as an afterthought: Do you have your ARC yet? If you do not, then they cannot take your pension yet. You will still have to make the back payments when you are enrolled.
Last edited by ttompatz on Sun Oct 07, 2007 1:11 am; edited 1 time in total |
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crusher_of_heads
Joined: 23 Feb 2007 Location: kimbop and kimchi for kimberly!!!!
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Posted: Fri Oct 05, 2007 4:15 am Post subject: |
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Tom is great. |
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jangsalgida
Joined: 11 Jan 2006
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Posted: Sat Oct 06, 2007 10:18 pm Post subject: |
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gk wrote: |
Did either Jizzo or the OP get this issue definitively resolved? I have started receiving paychecks from my GEPIK school, and the only deduction was medical, no income tax or pension. I asked my co-teacher about it and she said it was just a mistake. After she talked to the people in the financial office, she came back with the answer "you don't have to pay it." I politely, but firmly, said that I do. The tentative resolution is that it will be deducted x2 on my next paycheck, which sucks but hopefully will fix the problem. If that doesn't actually happen either, I'm sort of at a loss.
Judging from the number of complaints I've read, this seems to be a common problem though. |
No, I will go to the pension office tomorrow. Do they speak English there, or will I have to get someone on the phone that I know who can translate for me? Then, will I also have to take a document with me to have translated and filled in after I show them my contract etc...? |
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Jizzo T. Clown

Joined: 27 Mar 2006 Location: at my wit's end
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Posted: Sat Oct 06, 2007 10:20 pm Post subject: |
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In Pyeongtaek the guy I spoke to spoke decent English, but you might have to resort to Konglish or something like "My school pension no."  |
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jangsalgida
Joined: 11 Jan 2006
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Posted: Sun Oct 07, 2007 12:34 am Post subject: |
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I had two employers at the same time(1st employer gave permission to work at the after-school program).
I figure my 1st employer paid into the pension since they gave me documented payslips. I suppose the Public school also has to pay into pension?
Last edited by jangsalgida on Sun Oct 07, 2007 12:45 am; edited 1 time in total |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Sun Oct 07, 2007 12:34 am Post subject: |
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When you go to the pension office bring ALL of your documents including- copy of contract, ARC, pay stubs, passport. |
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