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Korean Job Discussion Forums
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jstubley80
Joined: 11 Oct 2008
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 Posted: Tue Apr 09, 2013 11:46 pm Post subject: Overpaid by former employer? |
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A friend of mine has apparently been overpaid by her former hagwon, and now he's asking for her to repay the excess.. He let her go at the end of her contract and she's now gainfully, and happily, employed with another hagwon..
I've no experience with either hagwons or Korean employment law, as I've always worked at university jobs and have been very well taken care of by my employers.. Morality aside, if it turns up that she HAS been overpaid, is she legally required to repay the money?
Thoughts? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Apr 10, 2013 12:22 am Post subject: |
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Yes, but is it worth it for the hagwon to take legal action? The cost alone might be more than what was overpaid. You need to see how much and decide from there.
Also, look at the year or up until you left to determine if maybe you were ever underpaid. This could be enough to shoo away a nagging ex-employer. Also helps with ex-girlfriends  |
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Lucas
Joined: 11 Sep 2012
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| Posted: Wed Apr 10, 2013 12:28 am Post subject: |
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Swings and roundabouts.......
You/your 'friends' ex hagwon will get their pound of flesh somehow....
'image/reputation' is very important here, as I�m sure you know based on your join date...
'Legally' I don't know, but I think 'you�re friend' would be wise to pay back 'said' money if they did make a mistake.....
Your 'friend' should know EXACLY how much money they are due and pay back the rest.......
Like I said swings and roundabouts..... Or you do the right thing and then you�re new H/W screws you over anyway������  |
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jstubley80
Joined: 11 Oct 2008
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| Posted: Wed Apr 10, 2013 12:39 am Post subject: |
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It's about $500, as far as I know..
As Lucas said, I've been in Korea for long enough to know about the value of reputation, but I have never worked (nor would I ever work) outside the university system.. Personally, I'd be tempted to see how desperate the hagwon owner is to get his money back, but I didn't want to give bad advice to a friend about something I have no experience with.. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Wed Apr 10, 2013 6:12 am Post subject: |
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It's a lengthy process for an employer to prove that they overpaid someone accidentally (as opposed to having paid overtime or some bonus).
She's not legally obligated to repay the money until a court orders it. Even then, if this payment to her is contested then she can say that it was intentionally given to her as a going away gift or bonus for getting many students to re-enroll or for accumulated overtime work.
But that's legally speaking. Morally, if the school didn't cheat her out of money owed or otherwise treat her badly, she should probably give it back. In that case, she should get an official receipt for the money explaining what it is and why she's giving it to the school. She should also check to see ifthat money was taxed when she initially received it. If so, she may want to discuss that with the school to see how much exactly she'd be giving back. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Wed Apr 10, 2013 7:38 am Post subject: Re: Overpaid by former employer? |
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| jstubley80 wrote: |
A friend of mine has apparently been overpaid by her former hagwon, and now he's asking for her to repay the excess.. He let her go at the end of her contract and she's now gainfully, and happily, employed with another hagwon..
I've no experience with either hagwons or Korean employment law, as I've always worked at university jobs and have been very well taken care of by my employers.. Morality aside, if it turns up that she HAS been overpaid, is she legally required to repay the money?
Thoughts? |
Under most circumstances, if you come into possession of money that is not yours, you are required by law to return it. It does not require a court order. In many cases, if you fail to return the money or convert the funds to your own use, you can be charged with theft.
If you find bags of money on the street, discover extra money in your bank account, get too much cash from a money machine, get too much cash back from a cashier, or if you are overpaid by an employer you are legally required to return the funds. It is a criminal offense not to return the funds.
However, practically speaking, if the amounts are insignificant - 500 won, 1,000 won etc, then no one expects you to make the effort to return the money, if you notice at all. For large amounts, it is legally required to return, or make your best effort to return, the money.
In your friend's case, they should make sure and verify all amounts paid for the year, taxes etc. before returning the money. There may be adjustments that need to be made because of withholding for taxes, Pension, Health insurance etc. After verifying the amount, returning the money is the legally required and morally correct thing to do. No court order is, nor should be, required. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Wed Apr 10, 2013 9:37 am Post subject: Re: Overpaid by former employer? |
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| ontheway wrote: |
| jstubley80 wrote: |
A friend of mine has apparently been overpaid by her former hagwon, and now he's asking for her to repay the excess.. He let her go at the end of her contract and she's now gainfully, and happily, employed with another hagwon..
I've no experience with either hagwons or Korean employment law, as I've always worked at university jobs and have been very well taken care of by my employers.. Morality aside, if it turns up that she HAS been overpaid, is she legally required to repay the money?
Thoughts? |
Under most circumstances, if you come into possession of money that is not yours, you are required by law to return it. It does not require a court order. In many cases, if you fail to return the money or convert the funds to your own use, you can be charged with theft.
If you find bags of money on the street, discover extra money in your bank account, get too much cash from a money machine, get too much cash back from a cashier, or if you are overpaid by an employer you are legally required to return the funds. It is a criminal offense not to return the funds.
However, practically speaking, if the amounts are insignificant - 500 won, 1,000 won etc, then no one expects you to make the effort to return the money, if you notice at all. For large amounts, it is legally required to return, or make your best effort to return, the money.
In your friend's case, they should make sure and verify all amounts paid for the year, taxes etc. before returning the money. There may be adjustments that need to be made because of withholding for taxes, Pension, Health insurance etc. After verifying the amount, returning the money is the legally required and morally correct thing to do. No court order is, nor should be, required. |
Yes, if this was the western world. But this is Korea, just act like a Korean and keep the money. Just send the money to other bank accounts in other countries, and if the police come, tell them your boss gave you a bonus and you have no clue what they are talking about. Problem solved.
Only give the money back if you are ethically bound, lose in court, or care about a reference from this ex-employer. |
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Mr. Pink
Joined: 21 Oct 2003
Location: China
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| Posted: Tue Apr 16, 2013 5:03 am Post subject: Re: Overpaid by former employer? |
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| ontheway wrote: |
| jstubley80 wrote: |
A friend of mine has apparently been overpaid by her former hagwon, and now he's asking for her to repay the excess.. He let her go at the end of her contract and she's now gainfully, and happily, employed with another hagwon..
I've no experience with either hagwons or Korean employment law, as I've always worked at university jobs and have been very well taken care of by my employers.. Morality aside, if it turns up that she HAS been overpaid, is she legally required to repay the money?
Thoughts? |
Under most circumstances, if you come into possession of money that is not yours, you are required by law to return it. It does not require a court order. In many cases, if you fail to return the money or convert the funds to your own use, you can be charged with theft.
If you find bags of money on the street, discover extra money in your bank account, get too much cash from a money machine, get too much cash back from a cashier, or if you are overpaid by an employer you are legally required to return the funds. It is a criminal offense not to return the funds.
However, practically speaking, if the amounts are insignificant - 500 won, 1,000 won etc, then no one expects you to make the effort to return the money, if you notice at all. For large amounts, it is legally required to return, or make your best effort to return, the money.
In your friend's case, they should make sure and verify all amounts paid for the year, taxes etc. before returning the money. There may be adjustments that need to be made because of withholding for taxes, Pension, Health insurance etc. After verifying the amount, returning the money is the legally required and morally correct thing to do. No court order is, nor should be, required. |
Please cite a Korean law that states that your assertions are so. Otherwise, it is just conjecture based on the laws in some Western countries. |
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