Korean Job Discussion Forums

mandoo · Joined: 25 Mar 2008

Is there anything the labor board can really do to help? Do they give legal advice? I want to contact them about unfair dismissal, cuz it seems like that's what everyone does, but is it really helpful? Thanks for your advice!

Porksta · Joined: 05 May 2011

They are not helpful at all unless you speak Korean.

Fallacy · Joined: 29 Jun 2015 Location: ex-ROK

I second porksta, and will go further: they have no real authority in situations regarding private school contract disagreements. Even though they may demand a hagwon owner fulfill obligation for whatever petition you filed as a grievance (in this instance unfair dismissal with the labor commission), they have no enforcement power behind their decision. The owner could lose, and just ignore them and get away with it. Unfortunately, that means the only alternative to the owner's voluntary compliance is to hire a lawyer and pursue legal action. Ironically, if you have an active case open, it is my understanding that the lawyer will have to await outcome from the government agency before proceeding, so choose your options carefully. Once closed, however, that outcome can form the basis of an opinion to be filed as a supporting document for the litigation in a civil court, or for the allegations in a police station, which they then will forward as a case to the prosecutor, who will then bring violators to the criminal court.

radish kimchi · Joined: 20 Mar 2014

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

IF the employer was in violation of LABOR LAW then the labor board can be quite helpful but you will probably need a translator.

If it is a contract dispute that does NOT involve labor law then the labor board will not likely do anything other than refer you to a civil court and suggest you file a suit.

If you are unsure whether your "unfair dismissal" is related to labor law then read the labor standards act. http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=254&tab=6 . I assume you can find the link, download and read the PDF file.

Be aware that if you are dismissed for "managerial" reasons within 6 months of hiring you are pretty much up the creek without a paddle and likely have no recourse. Just move on.

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mandoo · Joined: 25 Mar 2008

Thanks for your help! I will contact an attorney instead of the labor board.

PRagic · Joined: 24 Feb 2006

I opened a case with the labour board many, many years ago when I was having trouble leaving a job. The university at the time was trying to load me down with penalties that simply didn't apply the situation, and I'm talking about 10 grand worth of b.s. penalties.

I signed off to have a Korean representative deal with the university at the board hearings. It's just a piece of paper. I never even went. All I did was write up my side of the story and have it translated into Korean.

In the end, it worked out well because all I wanted to do was quit WELL before the actual contract period would have commenced. The board found in my favour, so the university had to drop all claims to any penalties. Poof, problem gone.

Now, when it comes to actually getting a bum employer to actually PAY something, then the board might not have teeth. Sometimes, however, they will follow through. Odds are that you'll have better luck if you're up against a bigger name entity like a university or a larger hagwon chain because they don't want the embarrassment and the hastle.

pmwhittier · Joined: 03 Nov 2011 Location: Korea

A few years back I was dismissed from a job in the 11th month. The school was supposed to give me 30 days notice or pay me for 30 days, and did neither. Just kicked me to the curb. It was because I found out that they were doing some dirty stuff and I stupidly didn't keep my mouth shut.

SO I went to see the fine folks at the Daejeon Labor Board. They wouldn't do anything until I provided them a letter of termination from my employer. As he had just kicked me out, I didn't have one. They told me I would have to get this before they would even talk to me.

SO I head back to the school to get a letter of termination. It takes me about 30 minutes to get there, and during that time the Labor board calls the school and walks the manager through the proper procedure for firing an employee. Once I get to the school, the manager tells me I have 30 days of work left before I have to get the fu&% out. This means I get terminated, completely legally, 1 week short of getting my contract completion bonus.

In short, yeah the labor board is very helpful. To corrupt, crooked a-hole employers who have ties to all the dirty bastards in Daejeon. But for employees, I'd say they're completely useless.