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Anti slander laws
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suki



Joined: 10 Oct 2008

PostPosted: Wed Nov 18, 2009 4:21 pm    Post subject: Anti slander laws Reply with quote

I've got a tale to tell, nothing but the truth, which I want to share to alert other English teachers here. But first I'd like to know the details behind the anti slander laws here, as I don't want my nightmare to continue if the anti-slander laws penalize those who tell the truth.

Anyone got a good English translation of these?

Thank you...
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dorian_gray



Joined: 04 Nov 2009

PostPosted: Wed Nov 18, 2009 4:51 pm    Post subject: Re: Anti slander laws Reply with quote

suki wrote:
I've got a tale to tell, nothing but the truth, which I want to share to alert other English teachers here. But first I'd like to know the details behind the anti slander laws here, as I don't want my nightmare to continue if the anti-slander laws penalize those who tell the truth.

Anyone got a good English translation of these?

Thank you...


The server for this site is located in the United States, not Korea. Therefore Korean laws have absolutely no sway over what is said in this forum.
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buildbyflying



Joined: 01 Sep 2004
Location: To your right. No, your other right.

PostPosted: Wed Nov 18, 2009 4:56 pm    Post subject: Reply with quote

Slander only works if you mention the person by name. However I get the feeling mods might intervene if this turns into a blacklist. There are other sites for that as other posters have mentioned (one on FB?).
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suki



Joined: 10 Oct 2008

PostPosted: Wed Nov 18, 2009 4:56 pm    Post subject: Reply with quote

Thank you.

I will research anti-slander laws in the U.S. then - how will state law affect me? The recruiter in question has several offices in several states, one of which is my home state. Does only my home state's laws apply? Or is this entirely Federal?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 18, 2009 7:16 pm    Post subject: Re: Anti slander laws Reply with quote

dorian_gray wrote:
suki wrote:
I've got a tale to tell, nothing but the truth, which I want to share to alert other English teachers here. But first I'd like to know the details behind the anti slander laws here, as I don't want my nightmare to continue if the anti-slander laws penalize those who tell the truth.

Anyone got a good English translation of these?

Thank you...


The server for this site is located in the United States, not Korea. Therefore Korean laws have absolutely no sway over what is said in this forum.



This is untrue. If you slander someone in Korea on this forum and you are in Korea they can go after you for defamation.
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dorian_gray



Joined: 04 Nov 2009

PostPosted: Wed Nov 18, 2009 7:42 pm    Post subject: Re: Anti slander laws Reply with quote

TheUrbanMyth wrote:
dorian_gray wrote:
suki wrote:
I've got a tale to tell, nothing but the truth, which I want to share to alert other English teachers here. But first I'd like to know the details behind the anti slander laws here, as I don't want my nightmare to continue if the anti-slander laws penalize those who tell the truth.

Anyone got a good English translation of these?

Thank you...


The server for this site is located in the United States, not Korea. Therefore Korean laws have absolutely no sway over what is said in this forum.



This is untrue. If you slander someone in Korea on this forum and you are in Korea they can go after you for defamation.


Well, it's actually libel, not slander, if the statements are made in print/text. Anyway, I thought this article (though it is not an exact corollary) might shed some light:

http://www.korealaw.com/sub/information/boardView.asp?brdId=intellectual&brdIdx=21

Perhaps its wise not to name names...
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Mithrae



Joined: 22 Jul 2009

PostPosted: Thu Nov 19, 2009 9:56 am    Post subject: Reply with quote

My first contract in Korea (back in 1998) said that I could be fired for , among other things, "slander against the Republic of Korea."

In short, my contract said that I could only say nice things about Korea. If I said bad things, I could be fired.

Sparkling.
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caribmon



Joined: 26 Oct 2009

PostPosted: Thu Nov 19, 2009 1:51 pm    Post subject: Reply with quote

In 2005 I was sued in California for commenting on message boards. Talking negatively about companies can cause "S.L.A.P" lawsuits. They dropped the case when they learned I was not an employee of their firm.
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suki



Joined: 10 Oct 2008

PostPosted: Fri Nov 20, 2009 2:26 am    Post subject: Reply with quote

I didn't mention any particular names, companies, or school district officials. Just thought teachers should be aware of what standing up for your rights entails. I took a plea bargain prior to knowing I would be on these lists which undermines my ability to seek prosecution. (because the friend who had lent me the airfare's business was going under and I didn't feel it fair for him to suffer any longer while I fought) Had I known, I would have fought to the teeth for this, as I believe justice for one serves all of us. I hope the next victim is able to take this to its conclusion.

http://gyopo.wordpress.com/2009/11/19/more-thoughts-about-mojo/
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Gnod



Joined: 21 Oct 2009
Location: Here

PostPosted: Fri Nov 20, 2009 3:04 am    Post subject: Reply with quote

According to the Korean Labor Standards:
Quote:

No one shall prepare and use secret signs or lists, or have communication for the purpose of interfering with employment of a worker.


If anybody wishes to deal with the people that participate at the website mentioned in the above blog, I would say there is an opening.
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suki



Joined: 10 Oct 2008

PostPosted: Fri Nov 20, 2009 3:09 am    Post subject: Reply with quote

Do you think my accepting the plea bargain would undermine my case if I took this to the Korean Bar Association?
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Gnod



Joined: 21 Oct 2009
Location: Here

PostPosted: Fri Nov 20, 2009 3:34 am    Post subject: Reply with quote

I haven't seen any real details about your case. Bringing up the recruiter backed blacklist probably won't help you get any money, but it should be a blow to the participants.

That is, unless they grease the wheels to their favor, but with more complaints, the more difficult it would become for them to sweep such a site under the rug.
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suki



Joined: 10 Oct 2008

PostPosted: Fri Nov 20, 2009 3:44 am    Post subject: Reply with quote

no. I already got the money. It was given on condition that I drop going to the labor board, which I did. Then, afterward and unknown to me, they stick me on these lists...
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Gnod



Joined: 21 Oct 2009
Location: Here

PostPosted: Fri Nov 20, 2009 4:03 am    Post subject: Reply with quote

Then I would just report the lists to the labor boards.

You're not going to the board for whatever reason you first said you would. So I would think that you'd be in the clear.

As a matter of fact, thinking back to the way Korean laws work, you can probably get several million won for libel damages (loss of employment, mental anguish, etc.).

Go to the labor board in person with the links. Show somebody there. I don't know if you can get in to show yourself as being listed on the board. If you can, I'd think you would have a decent case.

You could maybe even find a lawyer willing to take part in something that large.
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suki



Joined: 10 Oct 2008

PostPosted: Fri Nov 20, 2009 2:32 pm    Post subject: Reply with quote

If the person with the link contacts me again, I will most definitely go forward with it to protect all teachers. Nobody should have to go through the gut-wrenching experience I did this week. Nobody.

In the meantime, just the presence of a black list submission form, that the accused can not respond to, should be enough evidence of unethical practices to make everyone steer clear of those recruiters.

Again - I am not doing anything libelous or slanderous by revealing who is on this list, as it is publicly posted on their own organization's website. Nice job. Nice to know they represent our interests.

Member recruiters
http://www.kftra.co.kr/member01.asp?CategoryID=102

The blacklist submission form
http://www.kftra.co.kr/list.asp?idx=3

I have also in my possession an email from my former recruiter outlining the intimate relationship they have with an unnamed school district official and also that they contribute heavily to ATEK.

Basically, the only real representation we have is ourselves on these forums.
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