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huffdaddy
Joined: 25 Nov 2005
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 Posted: Sat Apr 29, 2006 9:01 pm Post subject: suing for slander |
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| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
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cubanlord
Joined: 08 Jul 2005
Location: In Japan!
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| Posted: Sat Apr 29, 2006 9:12 pm Post subject: Re: suing for slander |
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| huffdaddy wrote: |
| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
you mean libel? |
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itaewonguy
Joined: 25 Mar 2003
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| Posted: Sat Apr 29, 2006 9:16 pm Post subject: |
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ohh god...
do you really need to ask this? |
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cubanlord
Joined: 08 Jul 2005
Location: In Japan!
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| Posted: Sat Apr 29, 2006 9:17 pm Post subject: |
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| itaewonguy wrote: |
ohh god...
do you really need to ask this? |
hahahaha....we are making our rounds. |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sat Apr 29, 2006 9:45 pm Post subject: Re: suing for slander |
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| cubanlord wrote: |
| huffdaddy wrote: |
| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
you mean libel? |
No, I mean slander. |
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Moldy Rutabaga
Joined: 01 Jul 2003
Location: Ansan, Korea
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| Posted: Sat Apr 29, 2006 10:35 pm Post subject: |
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As I remember, slander is spoken and libel refers to slander in print.
I have no anecdotes, but I would not have high hopes. The excuse would very quickly be trotted out that the insult means something different in English than it does in Korean.
Ken:> |
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Pak Yu Man
Joined: 02 Jun 2005
Location: The Ida galaxy
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| Posted: Sun Apr 30, 2006 12:10 am Post subject: |
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What did the evil Korean say? You were white?
Perhaps if you gave us some details we could give better advice other than.....Korean win. White guy lose. |
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SuperHero
Joined: 10 Dec 2003
Location: Superhero Hideout
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| Posted: Sun Apr 30, 2006 12:42 am Post subject: |
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| too much conjecture going on here. Everyone is always expecting the worst. You never know until you try. I had a couple of traffic accidents and the cops were in my favor despite the pleading of the taxi driver - foreigners do get a fair shake. Maybe not all the time, but it does happen. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Sun Apr 30, 2006 12:48 am Post subject: Re: suing for slander |
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| huffdaddy wrote: |
| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
I have assumed there was more to your original post. Where those remarks discriminatory, and did they occur within your workplace? If the remarks were discriminatory in nature, then Article 5 of the Labor Standards Act is applicable.
Article 5 (Equal Treatment)
An employer shall not discriminate against workers by sex, or take discriminatory treatment in relation to the conditions of employment according to nationality, religion or social status. |
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ursus_rex
Joined: 20 Mar 2004
Location: Seoul, ROK
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| Posted: Sun Apr 30, 2006 5:30 am Post subject: |
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| I've heard from a lawyer friend of mine that libel is a criminal offense in Korea, not civil... you may need to go through a prosecutor (I'm speculating here). As well, Korea is not a litigious (sic.) society, so I don't know about your chances if there is a possible lawsuit. |
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bellum99
Joined: 23 Jan 2003
Location: don't need to know
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| Posted: Sun Apr 30, 2006 6:03 am Post subject: |
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You need a real witness, someone who will go the distance is not connected to you (Gf or Wife). If you have no witness then it is not a real case.
Last edited by bellum99 on Mon May 01, 2006 3:59 am; edited 1 time in total |
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roybetis1
Joined: 13 Jun 2005
Location: Not near a beach like my recruiter promised.
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| Posted: Sun Apr 30, 2006 4:14 pm Post subject: |
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Haven't had this experience in Korea, but I tried suing a former employer in Japan and I think the situation would be similar. They said that I had done some really offensive things as an excuse to fire me at the 11th month. They supposedly received a complaint about my behavior from a female student.
All of the staff said they had never received such a complaint, and I had a Japanese friend within the company who said she would related this to a lawyer. There was absolutely no basis for this complaint, and it certainly didn't help my marriage. They just needed a reason to fire me and that's the first thing they thought up.
So I went to a lawyer and she pretty much chuckled. Said I didn't have a chance in Hell. But I did get her to phone the company in question and that helped in getting them to rewrite the reason for dismissal. I think the reason for my dismissal in the end was that I wore a halloween mask to class once.
So IMHO your chances of winning a libel suit if Korea is anything like Japan are pretty much nonexistant. But your employer may not know this and s/he can be very useful in finding another resolution. Good luck. |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sun Apr 30, 2006 7:24 pm Post subject: Re: suing for slander |
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| alabamaman wrote: |
| huffdaddy wrote: |
| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
I have assumed there was more to your original post. Where those remarks discriminatory, and did they occur within your workplace? If the remarks were discriminatory in nature, then Article 5 of the Labor Standards Act is applicable. |
They are accusing me of being a criminal, on the run from the US. They say that some friend, who is a counselor in Chicago, told them this. Oh, and that I raped their daughter too. And I assume that is what they are telling all of the parents about me. |
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ilovebdt
Joined: 03 Jun 2005
Location: Nr Seoul
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| Posted: Sun Apr 30, 2006 7:27 pm Post subject: Re: suing for slander |
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| huffdaddy wrote: |
| alabamaman wrote: |
| huffdaddy wrote: |
| Does anyone have a guess of what the chances of a waegook suing and winning against a Korean for slander are? Any anecdotes? |
I have assumed there was more to your original post. Where those remarks discriminatory, and did they occur within your workplace? If the remarks were discriminatory in nature, then Article 5 of the Labor Standards Act is applicable. |
They are accusing me of being a criminal, on the run from the US. They say that some friend, who is a counselor in Chicago, told them this. Oh, and that I raped their daughter too. And I assume that is what they are telling all of the parents about me. |
If you have a criminal record you can't get a visa can you?
My you have been busy  |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Sun Apr 30, 2006 7:32 pm Post subject: Re: suing for slander |
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| ilovebdt wrote: |
| huffdaddy wrote: |
They are accusing me of being a criminal, on the run from the US. They say that some friend, who is a counselor in Chicago, told them this. Oh, and that I raped their daughter too. And I assume that is what they are telling all of the parents about me. |
If you have a criminal record you can't get a visa can you?
My you have been busy |
Not to mention getting into the Peace Corps, who required fingerprints and a background check.
I don't think these people are working with a full deck. |
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