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legal representative...?

 
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yuyake79



Joined: 26 Jan 2011

PostPosted: Tue Mar 22, 2011 8:22 am    Post subject: legal representative...? Reply with quote

Hi,
I've been to the Labor Board and just today I went to the Labor Relations Commission. I didn't know that they were two seperate divisions of the Ministry of Labor.
For issues on unfair dismissals I recommend people to go to the Labor Relations Commission and then to the Labor Board. Just going to the Labor Board alone might not get you the results you want. Going to both places on the same day would give you a good start on the whole process.

ANYWAY, my visa expires next month so I'm going to leave Korea soon. And the people at the LB and LRC both said that me not being in the country during the whole process might put me at a disadvantage, even though I am entitled to everything my boss owes me (plus compensation if I choose). They said that I can get someone to represent me after I leave the country but that person needs be legally qualified to represent me.
He said that a lawyer would be an example. What would other examples of legal representatives be?

(I do have other posts up if you need some background info.)
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Mar 22, 2011 9:25 am    Post subject: Re: legal representative...? Reply with quote

yuyake79 wrote:
Hi,
I've been to the Labor Board and just today I went to the Labor Relations Commission. I didn't know that they were two seperate divisions of the Ministry of Labor.
For issues on unfair dismissals I recommend people to go to the Labor Relations Commission and then to the Labor Board. Just going to the Labor Board alone might not get you the results you want. Going to both places on the same day would give you a good start on the whole process.

ANYWAY, my visa expires next month so I'm going to leave Korea soon. And the people at the LB and LRC both said that me not being in the country during the whole process might put me at a disadvantage, even though I am entitled to everything my boss owes me (plus compensation if I choose). They said that I can get someone to represent me after I leave the country but that person needs be legally qualified to represent me.
He said that a lawyer would be an example. What would other examples of legal representatives be?

(I do have other posts up if you need some background info.)


Any person you choose to give a limited power of attorney to.
(basically, you appoint someone in writing and they will be allowed to act as your agent). They will be entitled to act on your behalf but their actions in the matter ARE binding on you.

The alternative is to go to immigration and change from an E2 to a "G" visa to allow to you deal with your legal mess.

.
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yuyake79



Joined: 26 Jan 2011

PostPosted: Tue Mar 22, 2011 10:07 am    Post subject: Re: legal representative...? Reply with quote

ttompatz wrote:
quote]

Any person you choose to give a limited power of attorney to.
(basically, you appoint someone in writing and they will be allowed to act as your agent). They will be entitled to act on your behalf but their actions in the matter ARE binding on you.

The alternative is to go to immigration and change from an E2 to a "G" visa to allow to you deal with your legal mess.

.


Very useful information.
Where do I need to go to appoint someone to be my agent?
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Mar 22, 2011 10:15 am    Post subject: Reply with quote

The Labor Board has a nifty form right there in their office for you to do that. If, for some reason, you do not appoint someone before you leave Korea, you can still appoint someone, but in that case you have to go to a Korean consulate to do so.
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yuyake79



Joined: 26 Jan 2011

PostPosted: Tue Mar 22, 2011 10:27 am    Post subject: Reply with quote

CentralCali wrote:
The Labor Board has a nifty form right there in their office for you to do that. If, for some reason, you do not appoint someone before you leave Korea, you can still appoint someone, but in that case you have to go to a Korean consulate to do so.


Again, very good info. Cheers.
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cyui



Joined: 10 Jan 2011

PostPosted: Tue Mar 22, 2011 11:58 am    Post subject: Reply with quote

You won't win..remember in korea, "korean' is always right..
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Mar 22, 2011 2:58 pm    Post subject: Reply with quote

Actually, a number of foreigners have won. What's required is to not let your opponent wear you down. Also, don't ever, under any circumstances, do what some people on this board have suggested to "harm the boss's business." That can quickly backfire on you.

Another thing to remember is the relevant laws happen to be Korean laws. That was kind of fun to keep reminding our former employer of that little tidbit when she was cheating us foreign teachers.
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