Korean Job Discussion Forums

SatelliteMind · Joined: 04 Oct 2016

I recently quit my hagwon job because it wasn't paying health care or pension which I learned goes against E-2 visa rules. Really though it was the last straw in a long list of things and it gave me a legitimate out that I was looking for. When I got a pay stub I saw that they had made illegal deductions that go against Article 20 of the Korean Labor Standards Act which added up to 811,000 won. When I took them to labor board they told me that they would pay me the amount I asked for but they would sue me for so called "damages" that I had caused when I was a teacher. They argued because some students left in the classes I was teaching that they would sue me for the money they had lost as well as the time they had spent coming to the labor board meetings. I did not try to damage the place intentionally and both my fellow coworkers thought I was being treated really unfairly nor I do I feel like I had the support of the school. I asked for some time to think about it so I could do research to see if they were just bluffing and didn't have a case at all but they insisted I make a decision now so without the information I needed I chose to give up my claim on my money but I understand that I can refile if I choose to. So with that all being said if they had sued or I do decide to file in the future (I have two epetitions pending) would they have a case or as my friend said the court would most likely throw it out since they would have to prove that I actually intended to do damage which I didn't. I realize this is not a replacement for actual lawyer advice but I am hoping someone who has a decent knowledge can give me some good information.

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

Idle threat on their side. The labor law protects employees from this kind of crap (you, as an employee, are not responsible for their business losses UNLESS you have committed some illegal act). Failure to be a good employee does not constitute grounds for anything other than dismissal for non performance of duties.

Stick to your guns and use the labor board for what it is for.

HOWEVER... if they make their claims public then YOU would have a case against them for defamation and you would, if you can prove that they publicly made the claim, WIN (even if the claim were true - truth is not a defense in a defamation case in Korea).

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SatelliteMind · Joined: 04 Oct 2016

What labor article specifically states this? Was looking through the Korean Labor Standards Act and I couldn't find it.

Milwaukiedave · Joined: 02 Oct 2004 Location: Goseong

I agree with Tom, they are making idle threats. Let's put it this way, if you plan on continuing to work in Korea someone has to pay the back insurance and pension. Most likely they deducted the money and kept it. Don't even say anything more to them. Just go to the labor board and file a complaint.

I have filed a case with the labor board and in the process put enough of a scare into the company I filed against that they settled. Be prepared for the long haul though as it may take some time.

10YearsExp · Joined: 02 May 2017 Location: The Big Apple

I worked in Bonggok-dong for 18 months at a hagwon, its a small fraction of Gumi, and they were holding back my pension, then I went to the Gumi City pension board and they called the owner of the hagwon and told him he had to pay my pension, and within 10 days I had the money.

talentedcrayon · Joined: 27 Aug 2013 Location: Why do you even care?

Wow, your story sounds so similar to my hagwon hell story... Your school doesn't happen to be in Bundang at Jeongja Station? (If it happens to be the same school, PM me. But, please note, I highly recommend that you NOT post anything public online about the school for now.)

Anyway, Tom is right. I think its an idle threat.

My school said exactly the same thing to me. They said they would sue me because I supposedly caused damages. They deducted a bunch of stuff from my final cheque. But, I was able to get it back... actually I had leverage though... I collected a lot of evidence of some illegal activities my school was involved with (mostly stealing copyrighted content and reselling it as their own). The school paid me because they were afraid I would hand the evidence over to the publishing companies.

SatelliteMind · Joined: 04 Oct 2016

I made several epeople petitions and just got an answer in Korean. Labor Board wasn't much help either.