| View previous topic :: View next topic |
| Author |
Message |
mountainous
Joined: 04 Sep 2007
Location: Los Angeles
|
 Posted: Thu Jan 03, 2008 5:08 am Post subject: How to Collect a Judgment after Labor Board ruling? |
 |
|
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
|
| Back to top |
|
 |
mountainous
Joined: 04 Sep 2007
Location: Los Angeles
|
| Posted: Tue Jan 08, 2008 11:40 pm Post subject: |
|
|
| bump |
|
| Back to top |
|
|
Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
|
| Posted: Tue Jan 08, 2008 11:52 pm Post subject: |
|
|
Not yet.
And the Prosecutor has punished her like he said he would, either. |
|
| Back to top |
|
|
georgewallas
Joined: 26 Nov 2007
|
| Posted: Wed Jan 09, 2008 3:30 am Post subject: courts |
|
|
Small claims court, from my limited understanding would handle that.
As I understand, they tend to follow the LB decisions. |
|
| Back to top |
|
|
Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
|
| Posted: Wed Jan 09, 2008 4:56 am Post subject: |
|
|
| And court will make a judgment good for ten years. Good luck collecting it. |
|
| Back to top |
|
|
mountainous
Joined: 04 Sep 2007
Location: Los Angeles
|
| Posted: Wed Jan 09, 2008 6:26 am Post subject: |
|
|
So if it is impossible to collect a judgment, what use are the labor laws?
Maybe the "laws" are there to create the impression that foreign teachers can get some justice in labor disputes, thereby attracting foreign teachers to get scammed in Korea. |
|
| Back to top |
|
|
Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
|
| Posted: Wed Jan 09, 2008 7:38 am Post subject: Re: How to Collect a Judgment after Labor Board ruling? |
|
|
| mountainous wrote: |
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
Take labor's ruling to small claims court. They will almost always just rubber stamp and uphold labor's opinion on the matter. If a school tries to defy the court order, you file for a lien (on liquid assetsm not credit or property) and court officers will drop by their house and take their stuff away in trucks to pay the court order they refused to obey.
It takes a while, and you need patience, but it can be done. From labor complaint to executing the lien, it took around a year to get my money. |
|
| Back to top |
|
|
Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
|
| Posted: Wed Jan 09, 2008 7:41 am Post subject: |
|
|
| mountainous wrote: |
| Maybe the "laws" are there to create the impression that foreign teachers can get some justice in labor disputes, thereby attracting foreign teachers to get scammed in Korea. |
Labor laws were not created to protect foreigners only. They are there to protect everyone who works in Korea.
The problem is that the Labor Board can only render a judgement, they cannot enforce it. If the LB was given actual power to enforce their rulings (as the Pension Board has), it would be SO much easier than the SCC route. |
|
| Back to top |
|
|
rhinocharge64
Joined: 20 Sep 2006
|
| Posted: Wed Jan 09, 2008 5:06 pm Post subject: |
|
|
I get my money on the day. The sad *beep* I worked for was told if you don't pay up it will go to court and you will get a fine and, a CRIMINAL record. Old fatty went huffing and puffing to the bank, he came back in about 10 mins, and told me to count the bundle of love. Oh, what a great day that was!! So, in my experince Labour are the DADDY. Purse the corrupt barsteward and reap your rewards.
Good luck |
|
| Back to top |
|
|
spamghod
Joined: 26 Dec 2007
|
| Posted: Wed Jan 09, 2008 7:00 pm Post subject: |
|
|
A co-worker got burned in 2004, changed jobs and worked in the same place I did in 2005-2006. He took the hakwan owner to court and won about W2 million in 2005. I ran into him in early 2007, while we were talking asked about it--and he said still hadn't collected the money and pretty much wrote it off. Korea, the land of honesty and love!  |
|
| Back to top |
|
|
mountainous
Joined: 04 Sep 2007
Location: Los Angeles
|
| Posted: Fri Jan 11, 2008 7:06 pm Post subject: Re: How to Collect a Judgment after Labor Board ruling? |
|
|
| Young FRANKenstein wrote: |
| mountainous wrote: |
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
Take labor's ruling to small claims court. They will almost always just rubber stamp and uphold labor's opinion on the matter. If a school tries to defy the court order, you file for a lien (on liquid assetsm not credit or property) and court officers will drop by their house and take their stuff away in trucks to pay the court order they refused to obey.
It takes a while, and you need patience, but it can be done. From labor complaint to executing the lien, it took around a year to get my money. |
You suggest filing for a lien 'not on credit or property' then say that the "court officers" will confiscate personal property ("their stuff"). You imply that the court will sell this property. (I have never heard of police auctions in Korea.) It also seems unlikely that a court would confiscate personal property at a debtor's home to enforce a business debt.
Are you sure that you actually did this? |
|
| Back to top |
|
|
wylies99
Joined: 13 May 2006
Location: I'm one cool cat!
|
| Posted: Fri Jan 11, 2008 8:07 pm Post subject: |
|
|
| How long does all of this take? |
|
| Back to top |
|
|
jangsalgida
Joined: 11 Jan 2006
|
| Posted: Sat Jan 12, 2008 12:05 am Post subject: Re: How to Collect a Judgment after Labor Board ruling? |
|
|
| mountainous wrote: |
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
You can get a FREE Attorney, they are paid by the Labor Ministry. Korean Legal Aid Corporation(KLAC). If the Labor Ministry rules against you, they will not help you for free. They will put a lien against registered property(little red stickers on everything inside/outside the Hagwon(Car and House if necessary, but you need license number/address) etc...and then have a public auction if they don't pay. If this is done, they will quickly pay something, I promise! |
|
| Back to top |
|
|
Atavistic
Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.
|
| Posted: Sat Jan 12, 2008 12:59 am Post subject: Re: How to Collect a Judgment after Labor Board ruling? |
|
|
| jangsalgida wrote: |
| mountainous wrote: |
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
You can get a FREE Attorney, they are paid by the Labor Ministry. Korean Legal Aid Corporation(KLAC). If the Labor Ministry rules against you, they will not help you for free. They will put a lien against registered property(little red stickers on everything inside/outside the Hagwon(Car and House if necessary, but you need license number/address) etc...and then have a public auction if they don't pay. If this is done, they will quickly pay something, I promise! |
Been there, done that, your promises mean nothing. |
|
| Back to top |
|
|
jangsalgida
Joined: 11 Jan 2006
|
| Posted: Sat Jan 12, 2008 2:03 am Post subject: Re: How to Collect a Judgment after Labor Board ruling? |
|
|
| Atavistic wrote: |
| jangsalgida wrote: |
| mountainous wrote: |
| I have read lots of talk about the "labor laws" in Korea but they seem useless if it is impossible or near impossible to collect $$$ after the Labor Board decides that a hakwon owes money to a teacher. Has anyone collected $$$ from a hakwon that did not voluntarily pay up? |
You can get a FREE Attorney, they are paid by the Labor Ministry. Korean Legal Aid Corporation(KLAC). If the Labor Ministry rules against you, they will not help you for free. They will put a lien against registered property(little red stickers on everything inside/outside the Hagwon(Car and House if necessary, but you need license number/address) etc...and then have a public auction if they don't pay. If this is done, they will quickly pay something, I promise! |
Been there, done that, your promises mean nothing. |
I checked out your thread, in it you stated that you checked out the school before you signed on. If so, you should have known that people from Germany/Kenya can't legally teach English in Korea. That should have been your first clue. If schools employ Germans/Kenyans(I don't care what Visa they have), they do it illegally.
More on point, yeah anyone can run and hide. That's why it's a good idea to learn/know their HOME address(how to find) of your small Hagwon owner/employer. Not knowing can make things difficult to collect, but it sounds like you are in a better place now? Oh, and knowing Korean doesn't necessarily help you when you need it most...
http://blog.naver.com/ilaugh/60044228162
You could have ended up like the picture below...
http://news.naver.com/photo/read.php?mode=LTD&office_id=119&article_id=0000043797§ion_id=106&view=all |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
