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Illegal public school pay deductions.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Tue Jan 14, 2014 7:51 pm    Post subject: Illegal public school pay deductions. Reply with quote

Back in 2004-5 I worked for a shady hogwan. Typical stuff: no pension, no health insurance, hired workers without degrees, illegal firings, etc. I move on to public school jobs. Several years later I start getting letters from a health insurance company for 450,000 won for the time that I worked at the hogwan. This is nonsense (no health coverage was provided), and obviously has something to do with the shady dealings of the hagwan. I rightly ignore it. Then the bill jumps to 810,000 won. They start phoning my school (two years ago) to get me to pay up. I tell the school that this is an issue between the health insurance people and the shady hagwan. Don't get involved. If they want to take me to court I will happily go. But it does not concern our school (or even me). They agreed and the school would have nothing to do with them. It had, after all, nothing to do with my contract with that school.

I'm now at a new school. Yesterday I got an email from my co-teacher. The insurance people have now contacted this school, and the school has agreed to deduct the 810,000 won from my pay and send it to the insurance people. How can my school legally do this? It doesn't concern them. It sounds like an illegal deduction to me. It certainly exceeds any permitted deductions cited in the contract. And what galls me is that the school just unilaterally decides to do this - and simply informs me of it. Just another case of Koreans taking the word of others Koreans regarding foreigners at face value. As far as I'm concerned I owe them nothing.

My main concern now is legal advice. Does the school have the right to do deduct this money? Surely not. Unless there is a court order involved then surely my school is overstepping its jurisdiction....and is breaking the law.

Any advice would be greatly appreciated.
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RangerMcGreggor



Joined: 12 Jan 2011
Location: Somewhere in Korea

PostPosted: Tue Jan 14, 2014 8:14 pm    Post subject: Reply with quote

You are legally required to pay it. Whether or not you got covered is irrelevant; they will demand back pay.
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Jan 14, 2014 8:40 pm    Post subject: Reply with quote

RangerMcGreggor is right. You have to pay it. You are on the hook for backpayments into NHIC (whether the hagwon paid into it or not). Not fair, but that's the way things work.
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Tue Jan 14, 2014 11:31 pm    Post subject: Reply with quote

Your school can not enroll you in the national health program without paying the amount owed. As they are obligated in the contract to enroll you, they've paid it.

I think it is already too late.

The only way for this not to have been a problem is if your employer never enrolls you. Dealing with hogwons you can request that, but with public schools I don't think you can.

Sorry.
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archaeologist5



Joined: 25 Dec 2013

PostPosted: Wed Jan 15, 2014 12:39 am    Post subject: Reply with quote

It is also not an illegal deduction
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Overture1928



Joined: 12 Jan 2014

PostPosted: Wed Jan 15, 2014 4:00 am    Post subject: Re: Illegal public school pay deductions. Reply with quote

Scorpion wrote:
Back in 2004-5 I worked for a shady hogwan. Typical stuff: no pension, no health insurance, hired workers without degrees, illegal firings, etc. I move on to public school jobs. Several years later I start getting letters from a health insurance company for 450,000 won for the time that I worked at the hogwan. This is nonsense (no health coverage was provided), and obviously has something to do with the shady dealings of the hagwan. I rightly ignore it. Then the bill jumps to 810,000 won. They start phoning my school (two years ago) to get me to pay up. I tell the school that this is an issue between the health insurance people and the shady hagwan. Don't get involved. If they want to take me to court I will happily go. But it does not concern our school (or even me). They agreed and the school would have nothing to do with them. It had, after all, nothing to do with my contract with that school.

I'm now at a new school. Yesterday I got an email from my co-teacher. The insurance people have now contacted this school, and the school has agreed to deduct the 810,000 won from my pay and send it to the insurance people. How can my school legally do this? It doesn't concern them. It sounds like an illegal deduction to me. It certainly exceeds any permitted deductions cited in the contract. And what galls me is that the school just unilaterally decides to do this - and simply informs me of it. Just another case of Koreans taking the word of others Koreans regarding foreigners at face value. As far as I'm concerned I owe them nothing.

My main concern now is legal advice. Does the school have the right to do deduct this money? Surely not. Unless there is a court order involved then surely my school is overstepping its jurisdiction....and is breaking the law.

Any advice would be greatly appreciated.


Why should you have to pay 450 000 if you weren't even given health insurance at the time of working at the shady hagwon? Do you still have a copy of the contract? Maybe you can show them that you signed a contract that didn't provide health insurance.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jan 15, 2014 6:00 am    Post subject: Reply with quote

IF it was the NHIC then you are legally required to pay it it can be deducted from your salary. (You are responsible for payments/back-payments from your entry into Korea on your first E2 even if your employer at that time did not enroll you).

If it was some "private" insurance company then you are NOT obligated to pay it and it is an illegal deduction.

.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Wed Jan 15, 2014 6:15 pm    Post subject: Reply with quote

ttompatz wrote:
IF it was the NHIC then you are legally required to pay it it can be deducted from your salary. (You are responsible for payments/back-payments from your entry into Korea on your first E2 even if your employer at that time did not enroll you).

If it was some "private" insurance company then you are NOT obligated to pay it and it is an illegal deduction.

.


No health insurance was provided. That's the kicker.
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Porksta



Joined: 05 May 2011

PostPosted: Wed Jan 15, 2014 6:17 pm    Post subject: Reply with quote

That means the government has been covering your expenses. Time to pay them back.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Wed Jan 15, 2014 6:27 pm    Post subject: Reply with quote

Porksta wrote:
That means the government has been covering your expenses. Time to pay them back.


Please explain. I had no coverage.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Jan 15, 2014 6:42 pm    Post subject: Reply with quote

Scorpion wrote:
ttompatz wrote:
IF it was the NHIC then you are legally required to pay it it can be deducted from your salary. (You are responsible for payments/back-payments from your entry into Korea on your first E2 even if your employer at that time did not enroll you).

If it was some "private" insurance company then you are NOT obligated to pay it and it is an illegal deduction.

.


No health insurance was provided. That's the kicker.



Yes but that doesn't matter. Legally you are required to be enrolled in the NHIC from when you first came to Korea to work. If you aren't then they have the authority to collect back-pay for all the months that you didn't pay them.

Now if this insurance company is NOT the NHIC then you might want to raise holy hell with your school over that. But then again you may come to the attention of the NHIC in that case and have to pay out anyway.


Yeah it sucks that you didn't get coverage...is your old boss still in business? Because legally also he's responsible for half. There's no way they should be going after you for the full amount (IF) that is what they are doing. I'd at least make sure that 810,000 is only the half I own.
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watergirl



Joined: 01 Jul 2008
Location: Ansan, south korea

PostPosted: Fri Jan 17, 2014 3:55 am    Post subject: Reply with quote

hi
I just had to pay the 'back missing payments' myself as well. It's a public health system, where you are required to always pay. The idea being that the healthy (so even if you didn't go to the doctor even once during your non-payment time) subsidize the sick. And, if you get sick, you still only pay your same monthly fee (and they make-up for the extra costs of your care from the healthy peole).
My home country, Canada, does the exact same thing. It is much cheaper than the US say. But yeah, my empoyer was supposed to pay half and never did so I had to give in the back pay.

Kinda sucks. But your school can't get health coverage for you without paying that backpay. The Health insurance won't do it.
I had to pay 1 million won if it makes you feel any better. I considered just not having any health insurance, but really I think that is not a good idea. If some accident happens, and we have to be in the hospital or something, paying 100% is a LOT of money (well, in Canada it is anyways).
Anyone who has had to take a pet to the vet (completely unsubsidized) can sympathize..it is expensive!!!!
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Fri Jan 17, 2014 6:22 am    Post subject: Reply with quote

As others have said, even if you weren't enrolled, you were supposed to be enrolled. If someone doesn't pay into it then, as with any other taxes, they can legally have it deducted from your salary. If you were unemployed, they could even have it taken out of your bank account.

If the original hagwon still exists, or if you can track down the owner, you could go through the labor board to get the old school/owner to pay back his share. It probably won't be easy, even if you can find the guy, but if you are patient then with a little luck you can eventually get the court to take it out of HIS bank account.
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Scorpion



Joined: 15 Apr 2012

PostPosted: Sun Jan 26, 2014 4:21 pm    Post subject: Reply with quote

ttompatz wrote:
IF it was the NHIC then you are legally required to pay it it can be deducted from your salary. (You are responsible for payments/back-payments from your entry into Korea on your first E2 even if your employer at that time did not enroll you).

If it was some "private" insurance company then you are NOT obligated to pay it and it is an illegal deduction.

.


I'm back from my vacation and, although I haven't spoken to anyone yet, I was able to check the bill I'd received. It's from h-well. The email address is www.nhis.or.kr I think I can safely assume that this is the national health insurance rather that a private company.Confused

Now, as I said I didn't receive health benefits while at the hogwan in question. Yet, here I am paying out 800,000 won. Is there any legal recourse I can take against the hogwan (from nine years' ago) or would it not be worth the bother?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jan 27, 2014 2:55 pm    Post subject: Reply with quote

Scorpion wrote:
ttompatz wrote:
IF it was the NHIC then you are legally required to pay it it can be deducted from your salary. (You are responsible for payments/back-payments from your entry into Korea on your first E2 even if your employer at that time did not enroll you).

If it was some "private" insurance company then you are NOT obligated to pay it and it is an illegal deduction.

.


I'm back from my vacation and, although I haven't spoken to anyone yet, I was able to check the bill I'd received. It's from h-well. The email address is www.nhis.or.kr I think I can safely assume that this is the national health insurance rather that a private company.Confused

Now, as I said I didn't receive health benefits while at the hogwan in question. Yet, here I am paying out 800,000 won. Is there any legal recourse I can take against the hogwan (from nine years' ago) or would it not be worth the bother?


At 9 years you are pretty much out of luck.

.
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