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/shock hagwon doesn't want to pay me

 
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daxdefranco



Joined: 04 Jul 2009
Location: chipyeong-dong, gwangju

PostPosted: Sat Mar 03, 2012 12:13 am    Post subject: /shock hagwon doesn't want to pay me Reply with quote

Hi everyone, I'm leaving Korea for good on Tuesday morning from Gimpo. I don't need a letter of release, I don't need to play nice. No holds barred, just FYI.

I've been at a hagwon for 12 months, there have been some problems with getting pension paid and other small struggles, but things have more or less been par for the hagwon course.

My contract is now over, and while the school has paid me some of what they owe me, they still haven't paid ~3mil KRW. It was meant to paid in full the last day of February (Wednesday). On Tuesday, I received ~2.5mil KRW. When I called to ask about this, I was told I would receive the rest the next day. I didn't. While at the dentist on Wednesday, I also found that while money was being deducted from my pay for 'insurance', my ARC card wasn't registered. When I spoke with my director Kyu-bae (note, not the owner) he said I could give him the receipts and he would get the money into my last paycheck. Thursday was a holiday so no one was around to speak with and Friday when I finally got some answers, Kyu-bae told me that the owner's mother (first time I'd heard about her) had paid me 1.1 million on Thursday (which is true, I updated my bank book and found the transfer) but 'couldn't afford' to pay me anymore. I told him this was unacceptable, that we had both signed a contract, etc.

I was in Busan, and was planning to continue traveling/seeing friends before my flight out of Seoul on the morning of March 06. I've been forced to come back to Gwangju so I plan to be reimbursed for the cost of bus and motel as well as the other things. I went with a Korean speaking friend to the school this morning to help translate. My friend's wife owns a hagwon in Seoul, and she's offered to speak with the owner also.

When we got to the school, we asked for the money he owes and he said he can't pay because he has no money. He said we're free to sue him but he doesn't seem terribly concerned. He offered to pay me 1,000,000 each month for the next three months if I didn't contact the labor board, but when we asked for a contract and for the labor board to be a third party in a watchdog capacity, he rescinded the offer. Obviously he isn't trustworthy so this isn't a viable option.

My plan at the moment is to stay in Gwangju until Monday morning, go to the Labor Board and see what I can sort out. My flight departs early Tuesday morning from Gimpo, so I'll probably be leaving Gwangju Monday night. My friend has offered to act in a sort of 'power of attorney' capacity in the case that things need more doing on my end after Monday.


Itemized list of money owed:
2,600,000 - Final paycheck
2,300,000 - Severance
775,000 - Flight
561,500 - Deductions that I can't trace what they've gone to. At the time, I was told this was for insurance, but it seems I never had it. The dentist couldn't find it.
315,000 - Pension still owed by the school for the last quarters payment
108,390 - Dental bill reimbursement
42,800 - Bus tickets back to Gwangju from Busan
90,000 - Motel rooms in Gwangju tonight (March 02, 03, 04)
6,788,190 - Total


As I stated above, the hagwon has paid me 3,685,000 out of that. I realize I most likely won't (read: definitely won't) get reimbursed for the bus and motel, but I feel like it can't hurt to include it. I'm open to suggestions up to but not including molotov cocktails. Whaddya got?
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Wildbore



Joined: 17 Jun 2009

PostPosted: Sat Mar 03, 2012 2:50 am    Post subject: Reply with quote

The Labor Board won't consider a case until the employer is 14 days or more late.

Sounds like you need to change your ticket date, or give a friend permission to proceed with a labor board claim.

Also, the labor board will only help with wages and retirement pay, not with the airfare or other non-wage costs.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Mar 03, 2012 3:54 am    Post subject: Reply with quote

Quote:
561,500 - Deductions that I can't trace what they've gone to. At the time, I was told this was for insurance, but it seems I never had it. The dentist couldn't find it.


What does that mean? I never heard of a hagwon footing the bill for dental expenses.

Quote:
315,000 - Pension still owed by the school for the last quarters payment


It's all or nothing. You don't get partial pension, so don't break it up into theoretical amounts.

Quote:
108,390 - Dental bill reimbursement


I don't understand how they are responsible for dental expenses.

Quote:
42,800 - Bus tickets back to Gwangju from Busan


Why do they owe this? Was this really work related? "I was in Busan, and was planning to continue traveling/seeing friends before my flight out of Seoul"

Quote:
90,000 - Motel rooms in Gwangju tonight (March 02, 03, 04)


Why do they owe this? Is this mentioned in the contract?

Realistically, I can only see 2,300,00 final paycheck, I don't know why you added 300,000. A lot of unknowns you are listing without explaining the inconsistencies.

So, 2,300,000 + 2,300,000 + flight. You have to wait for pension to be paid. They are agreeing to 3 months at 1,000,000. I would say 4 months at 1,000,000. As mentioned, get a friend to help if they don't do this and arrange for pension to be paid. That should get you at least 5,000,000.

Forget the other stuff unless you have it documented they really owe you it.


Last edited by YTMND on Sat Mar 03, 2012 3:58 am; edited 1 time in total
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bbunce



Joined: 28 Sep 2011

PostPosted: Sat Mar 03, 2012 3:58 am    Post subject: Reply with quote

Your boss is well over 14 days late in paying into pension/insurance. I'd go to the labor board AND give your friend power of attorney to act in your behalf while you're gone. Did you get taxes taken out? If so, threaten to report them for not paying. If you're American, you should get all that money back. You'll need the tax id number of the business to actually report them. Good luck. Sure is nice to have friends who'll help.
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Julius



Joined: 27 Jul 2006

PostPosted: Sat Mar 03, 2012 4:14 am    Post subject: Reply with quote

YTMND wrote:
Forget the other stuff unless you have it documented they really owe you it.


To be fair, hagwon bosses and recruiters can cause you a lot of unforeseen expenses by jerking you around. Maybe they are indirect expenses..but still.

They should be made to pay somehow for the sheer inconvenience resulting from their lies and deceptions. I don't know how some of these people sleep at night.
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daxdefranco



Joined: 04 Jul 2009
Location: chipyeong-dong, gwangju

PostPosted: Sat Mar 03, 2012 5:25 pm    Post subject: Reply with quote

@YTMND, i'd like to thank you for your tireless pursuit of silly trolling. you're what makes dave's what it is.

@bbunce
Quote:
Your boss is well over 14 days late in paying into pension/insurance. I'd go to the labor board AND give your friend power of attorney to act in your behalf while you're gone. Did you get taxes taken out? If so, threaten to report them for not paying. If you're American, you should get all that money back. You'll need the tax id number of the business to actually report them. Good luck. Sure is nice to have friends who'll help.


I didn't get taxes taken out so far as I know, despite asking about it with pension, etc. That's a good point.

Does anyone know about the power of attorney thing? according to this (http://www.korea4expats.com/article-employer-disputes-%20workplace-conflicts.html) I can give power of attorney to a lawyer, but must it be a lawyer? has anyone ever had to do this? thanks for responses, everyone!
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Mar 03, 2012 5:56 pm    Post subject: Reply with quote

Quote:
@YTMND, i'd like to thank you for your tireless pursuit of silly trolling. you're what makes dave's what it is.


I don't know why you called it trolling. I showed what I felt you are entitled to and what I don't think you can collect on.

If the hagwon refuses to pay for dental expenses and transportation fees so you can hang out with your friends in Busan, but the courts rule in your favor, then please scan all relevant court judgments and post them here. I don't even expect you to be able to collect on these funds to prove your case here. I just want to see the courts to say, "Yea, they owe you dental (about 670,000) and transportation costs (about 100,000)."

Until then, I am not trolling. I am giving you sound advice. It would be a waste of your time and your friend's to try collect on these minor things. Go for the salary, collect on the pension, and the extra 1,000 (1,000,000 million).

Interesting form of trolling if the people at Dave's think this Laughing
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Mar 03, 2012 6:04 pm    Post subject: Reply with quote

Quote:
I can give power of attorney to a lawyer, but must it be a lawyer? has anyone ever had to do this? thanks for responses, everyone!


I think you have to get the ball rolling first and file the complaint with everything you want. Then you tell them you can't stay in Korea, and you will have a friend represent you. If it is a straightforward case (like salary and pension not being paid), then I doubt you would need a lawyer. They would treat it just like a small claims type of case.

Good luck. Let us know how it turns out months from now.
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bbunce



Joined: 28 Sep 2011

PostPosted: Sat Mar 03, 2012 9:27 pm    Post subject: Reply with quote

daxdefranco wrote:
@YTMND, i'd like to thank you for your tireless pursuit of silly trolling. you're what makes dave's what it is.

@bbunce
Quote:
Your boss is well over 14 days late in paying into pension/insurance. I'd go to the labor board AND give your friend power of attorney to act in your behalf while you're gone. Did you get taxes taken out? If so, threaten to report them for not paying. If you're American, you should get all that money back. You'll need the tax id number of the business to actually report them. Good luck. Sure is nice to have friends who'll help.


I didn't get taxes taken out so far as I know, despite asking about it with pension, etc. That's a good point.

Does anyone know about the power of attorney thing? according to this (http://www.korea4expats.com/article-employer-disputes-%20workplace-conflicts.html) I can give power of attorney to a lawyer, but must it be a lawyer? has anyone ever had to do this? thanks for responses, everyone!


Probably better to just search "power of attorney". Download the form and then notarize it with your friend. Sorry, I don't know how you do that though in Korea. In the states, you could go to any bank. Ask that at the labor board place when you go. You can give "power of attorney" to anyone not just lawyers.
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Julius



Joined: 27 Jul 2006

PostPosted: Sun Mar 04, 2012 12:24 am    Post subject: Reply with quote

YTMND wrote:
Go for the salary, collect on the pension, and the extra 1,000 (1,000,000 million).:


Do not pass go.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Sun Mar 04, 2012 9:05 pm    Post subject: Reply with quote

Why are you paying dental? Shouldn't your insurance cover it? You should be given the NHIC card. You get covered for dental along with medical. Some procudures may not be covered, though. If your boss didn't give you medical and lied to you, then he better pay your bills.
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