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Witholding Money

 
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SharkDiver



Joined: 08 Nov 2008

PostPosted: Wed Mar 18, 2009 2:18 am    Post subject: Witholding Money Reply with quote

Does anyone know where to find the clause in the Korean Labor Act that states it's illegal for an employer to deduct money (as a security deposit) from an employee's pay?
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Wed Mar 18, 2009 3:57 am    Post subject: Reply with quote

security deposit? For housing? That's standard for GEPIK.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Wed Mar 18, 2009 4:44 am    Post subject: Reply with quote

That's right for the first 3 months. So, make sure they stop taking money out your 4 month. If they deduct a monthly fee of about 30,000 won for apartment costs, get it noted in your pay slip.
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Chamchiman



Joined: 24 Apr 2006
Location: Digging the Grave

PostPosted: Wed Mar 18, 2009 12:53 pm    Post subject: Re: Witholding Money Reply with quote

SharkDiver wrote:
Does anyone know where to find the clause in the Korean Labor Act that states it's illegal for an employer to deduct money (as a security deposit) from an employee's pay?


I don't know that there is a clause which states that.

Here's a link to the most recent Labor Standards Act (updated in March, 2008):

http://english.molab.go.kr/english/Legislation/Legislation.jsp?grp=1&l_title=Labor%20Standards

If you find something, let us know.
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blonde researcher



Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being

PostPosted: Thu Mar 19, 2009 2:10 am    Post subject: Reply with quote

If you sign a contract agreeing to have a deduction taken for what ever reason then it becomes legal under the law.
There is no specific law saying this cannot happen, so if an employer puts it in writing in a contract and will only employ someone who agrees to this, he is not breaking the law.
If the teacher refuses to sign then he has the right to not take the job.

A security deposit or housing deposit is now commonplace in public schools and in franchise schools like ECC.
Usually between 500 000- 900 000. GEPIK has 900 000 bond

You only have a real problem if the employer takes the money from your account and nothing is written in your contract about it - then it is illegal deduction.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Thu Apr 09, 2009 9:03 pm    Post subject: Reply with quote

blonde researcher wrote:
If you sign a contract agreeing to have a deduction taken for what ever reason then it becomes legal under the law.

NONSENSE.

The Labor Standards Act says (Article 15) that any contract that is contrary to a provision of the Act is null and void to that extent. Signing a contract with an illegal provision does not make it legal.

As for "security deposits," they are likewise illegal. Article 20 of the Labor Standards Act states, "No employer shall enter into a contract by which a penalty or indemnity for possible damages incurred from breach of a labor contract is predetermined." An "indemnity" is another word for a security deposit.

Security deposits may be "commonplace" in contracts these days, but they are NOT legal. If you were to press the issue with the labor board, you should win and get the money back.
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yeremy



Joined: 05 Nov 2007
Location: Anywhere's there's a good bookstore.

PostPosted: Thu Apr 09, 2009 9:47 pm    Post subject: Re: Security Deposits Reply with quote

The whole issue is moot if you get or have your own housing.

I was in GEPIK for three years and I did not have a security deposit deducted from my salary. The first year, I had my own housing for which I paid the deposit with my own money, and I took the housing allowance. The second and third years, my former school took over the lease on my apartment and paid the deposit but, apparently, they did not think I was a risk, so they didn't bother. I'd been married for ten years to a Korean woman at that time, which I think also helped my case, too.

I suggest you go and talk to your school and see whether or not if they can waive it for you.

However, I am not a lawyer nor a even a jailhouse lawyer of any sorts. If any of you know better than I, thank you for the update and correction. cheers.
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