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Company went Bankrupt and I got my money legally
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slimstinator



Joined: 04 Mar 2009

PostPosted: Tue Mar 10, 2009 2:13 pm    Post subject: Company went Bankrupt and I got my money legally Reply with quote

Yes its true.

The company I, and about 50 others were working for went bankrupt in June 2008. It was a hagwon operating 5 schools in universities (teaching kiddies). Anyway from the start of my time working there money was always an issue, and I quit in May, minus 2.2million won.

Other employees continued working, some having not been paid for 2, 3, 4 months, and some maybe even more. I regarded this as stupidity, but everyone has their reasons.

Following the collapse of the company, we set up a legal case with a company called http://www.withus21.com/ The korean teachers did most of this, and told us the information and documents we needed to provide. All our documents were put to the law firm. They came back to us on multiple times seemingly requiring the same documents.

Around 6 months later some of the Korean teachers received all the money they requests, followed by all the other teachers. For some reason I waited another 3 months, but any, it alll came through!!

I hope this offers some form of reassurance to you all that you can get money legally from your company if it does bankrupt. I think it needs to employ more than 7 people, and its definately alot easier if Koreans can get the ball rolling.

The money we received back was from a government fund, which gives money to victims of their company going bankrupt, they then try and get the money back (as much as possible) from your old boss. (This is how I understand it!)

PS. The company withus21 did their job, but they are far from perfect. I don't know why they needed some documents so many times. Also I think they need prodded to keep them working with any haste. Otherwise they will forget about you. This is how I felt being the last of 50 to get their money!!

The company took a 10% cut of our wages as a fee.
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wesharris



Joined: 10 Oct 2008

PostPosted: Tue Mar 10, 2009 2:47 pm    Post subject: Reply with quote

This is an ad.
This is Spam.
I don't like Spam.
Go away .
Please disregard this Spam guys.
Thanks,
_+_
Wes
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slimstinator



Joined: 04 Mar 2009

PostPosted: Tue Mar 10, 2009 2:55 pm    Post subject: Reply with quote

haha how is it spam?????

My girlfriend just told me the money came through today!
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slimstinator



Joined: 04 Mar 2009

PostPosted: Tue Mar 10, 2009 3:02 pm    Post subject: Reply with quote

Sorry I thought I would say positive about the Korean legal system, which I have always very much doubted and suspected wouldnt help anyone. Actually, to my surprise, I just got paid the money!

Believe it or not! I would not advise the company we were with, as they could speak no English. There is a law firm in Gangnam I much prefer. However it was my Korean co teachers that organised this.

I just wanted to give the rest of you some hope that if the shit hits the fan, there is a chance you can also get your money back! Don't use the company I did unless you can speak Korean, find an English speaking lawyer!
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slimstinator



Joined: 04 Mar 2009

PostPosted: Tue Mar 10, 2009 3:02 pm    Post subject: Reply with quote

Sorry double post
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neil537



Joined: 15 Jan 2009
Location: Incheon, South Korea

PostPosted: Wed Mar 11, 2009 7:47 am    Post subject: Reply with quote

I just wanted to say I know the guy personally who posted this, and that it is in NO WAY SPAM. 'Wesharris', quite how you feel you can jump to the conclusion that what was posted was untrue is pretty sad.

Just because this site is filled with mainly negative posts doesn't mean that they all are.

Big man, well done getting the cash, and I hope you put it to good use (a few nice malts maybe?!)
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slimstinator



Joined: 04 Mar 2009

PostPosted: Wed Mar 11, 2009 7:48 am    Post subject: Reply with quote

maybe a new bottle of Caol Ila ^^ treat!!
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Wed Mar 11, 2009 9:11 am    Post subject: Reply with quote

Sparkler-

You only got paid because:

a. Many Koreans took initiative and acted on your behalf.
b. A group of paid professionals acted on your behalf.
c. The judgement or settlement happened to be in your group's favor.
d. There was money somewhere in the defendant's name.
e. You stuck around long enough to get yours.

Most people who work at failing academies don't/won't have any of that going for them, so don't get so frickin sparkly on us.
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slimstinator



Joined: 04 Mar 2009

PostPosted: Wed Mar 11, 2009 9:22 am    Post subject: Reply with quote

a. Many Koreans took initiative and acted on your behalf.
I was going to pursue the case myself, but as you said we did it as a group. I guess that normally there is a group of you when a medium size company goes bankrupt.

b. A group of paid professionals acted on your behalf.
Yes I got a lawyer. This is normally the best way!

c. The judgement or settlement happened to be in your group's favor.
Yes our lawyer did his job and we got money. You don't get anything if you fail. This is common sense.

d. There was money somewhere in the defendant's name.
Actually, I dont know the situation regarding how much money the government managed to recoup from the boss. However all this money was paid out of a government fund, which is their to pay people if their company goes bankrupt, and they are left short of pay.

e. You stuck around long enough to get yours.
As you speak im sitting on my Sofa in Scotland. One other foreigner (American) left one month after the company went bankrupt, and got his money. You dont need to be in the country to do it, if Korean co workers are working with you. It does however help to get all the documents completed before you leave.

Most people who work at failing academies don't/won't have any of that going for them, so don't get so frickin sparkly on us.
If you said that I would get all my money back in May 2008 when I quit, I would have very much doubted it. I thought the money was gone, and there was no way in Korea I could get it back! However I (and the others) stuck with it, put in some work to get it filed with a good lawyer, and yes after 9 months all 50 of us have received our salary in full (minus the lawyers cut).

It is possible!
If your company goes bankrupt and you dont get paid, you can get your money back. Im not saying it is easy, but it is possible.

You are right with some of your points you make.

Also please note again, I think it is still Korean law that for your company to be eligable to get money back from the law, it must employ more than 7 people, otherwise your in trouble.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Wed Mar 11, 2009 5:00 pm    Post subject: Reply with quote

Quote:
c. The judgement or settlement happened to be in your group's favor.
Yes our lawyer did his job and we got money. You don't get anything if you fail. This is common sense.


Quote:
The company took a 10% cut of our wages as a fee.



Quote:
Yes our lawyer did his job and we got money.


The point is, you shouldn't have to sue your boss to get money. You might as well work at a lower salary if you think that way. If you earned money, you should be paid 100% of that money, not 90%.
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slimstinator



Joined: 04 Mar 2009

PostPosted: Wed Mar 11, 2009 5:49 pm    Post subject: Reply with quote

lifeinkorea you are right, people shouldn't have to sue to get their money back from a bankrupt company, however you will notice the procedure isn't very different in your own country.

Of coarse in a Utopian world everyone would get paid everything always. However in the real world it is the norm that if a company goes bankrupt, there are some legal proceedings that occur to make sure everyone then subsequently gets all the money they are owed.
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Wed Mar 11, 2009 6:55 pm    Post subject: Reply with quote

I concede. I have been slightly sparkled, but I think your success can be mostly attributed to the scale of the event. If a couple of foreign teachers tried to sue a failed business owner for less than 10 million won, it would be too insignificant for a lawyer or a judge to take seriously.
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robbyt



Joined: 14 Jun 2006

PostPosted: Wed Mar 11, 2009 8:20 pm    Post subject: Reply with quote

slim,

i find your information to be interesting and useful. i hope i don't find myself in the same situation, but if i do at least i know there's more than a 'slim' chance of getting paid.

thank you for taking the time to share this info.

cheers
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slimstinator



Joined: 04 Mar 2009

PostPosted: Wed Mar 11, 2009 8:23 pm    Post subject: Reply with quote

Robbyt im loving the pun!

It was a terrible situation that I hope never happens to anyone else! However Im sure it will!!
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Thu Mar 12, 2009 6:35 am    Post subject: Reply with quote

Wow, someone who joined in January assuring us he knows the poster, who joined in March, and that the poster is not advertising.

I'm not saying you are or aren't, but please be a little more convincing.
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