Korean Job Discussion Forums

[buymybook]

I received a twenty million won plus judgement for being fired illegally from an after-school program. Life is beautiful, I think I can tolerate this place for a bit longer. This is my second ruling for the same exact thing(different employer) within the last three years here. This time it should be easier to acquire the judgement amount since it was a public entity which has been ruled to pay. All those who have supported me during the process, I say thank you very much! To those who haven't, or won't, you know what you can do.

[citizen erased]

Im curious, what happened?

[Tobias]

[Teachurrrr]

Thanks for posting your victory. Way to go!

If you have time and don't mind, please post the details of the situation, i.e. what was the problem, who did you contact, your process at labor, the court appearance, etc. I am mainly interested to hear about your court experience (I am assuming there was one).

When I was teaching at a college in Uijeongbu (2005-2006), the job, hours, pay, etc was great. At the end of the year, they tried to pull the old "your pension money is your severance pay" scam. I was careful to check my contract (before signing it) to make sure it stated in Korean and English that there was a pension and a severance payment (13th month pay, bonus, whatever). I was able to check this info in Korean thanks to the EFL-Law website. Good source.

Anyway, after it was evident the Dean and Head of Department were avoiding the incident for almost 3 weeks, I hired a Korean-Australian translator, went to the labor board in Uijeongbu, and got the process started. A few of the foreign professors also went to the labor board while some feared for their employment (rigthfully so, no judgment by me). During this visit, I found out that the college faced a 20 million won fine (as well as damages) if in court it was proven they had broken the contract.

At the next labor board meeting 1 or 2 weeks later (if memory serves), the college had sent a dean to defend their position with the abovementioned premise that the pension was the severance. It was clear in the contract in English and Korean that they were separate entitlements. In my opinion, the labor board started to drag their heels about the next step and just wanted to talk in vain. It was not clear to me what the next step was going to be as the labor officer seemingly wanted to hear more and more from the very nice and polite dean explaining how the college met their commitments instead of asking him why two payments are stated in the Korean version of the contract and why are these payments located in two different provisions of the contract. I srated think to more meetings like this solve nothing and cost me time away from my new job, more travel expense, more payments for a translator, not to mention stress. I started to push to go to court and demanded the forms to file charges to go to court. This is when the labor officer finally gave a timeframe for action. He wanted to give the college 3 weeks to pay. If they did not, I could then fill out the paperwork and he would submit it to go to court with his recommendation. Lucky in was staying in Korea and had the time to wait or the Labor Board's slow pace would have favored the college.

During the three week waiting period, I sent emails to the Dean of the English Department and Head of the English Department to remind them that this situation will cost the college a 20 million won fine. I wished them well in there endeavor. I never heard anything back from the college. Three weeks later to the day as I was preparing to go back to the Labor Board the next day with the translator to file charges for court, the money magically appeared in my bank account.

I felt vindicated. Yet, I always wondered if I had taken it to court, which I was willing to do, would we win? Would a judgment favor a foreigner rather than the upstanding officials at the local "Christian" college? Buymybook, thanks for posting your victory. The amount of your settlement confirms the information I was given at the Labor Board back in 2006. It's nice to feel that we as foreigners have some protection against those who would willingly steal from us just because some people think they can. Thanks again.

[Yu_Bum_suk]

That's great news. There are so many employers who breach contracts that someone who knew the legal system well could probably make a good living just taking flawed jobs and then suing their employers.

[gangpae]

[buymybook]

[Teachurrrr]

BuymyBook, was your case appealed? Did things work out? I would still love to hear about the court process. Cheers!

[prairieboy]

It looks as though I'm going to have to take my former employer to the labor board as well. I'd be interested in any information regarding the process you went through (forms, evidence, time from beginning to end, etc.)

Congratulations!