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*Help* Going after unpaid pension

 
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Sofa_King



Joined: 03 Mar 2005
Location: South Korea

PostPosted: Sun Jun 11, 2006 5:35 am    Post subject: *Help* Going after unpaid pension Reply with quote

I'm looking for some advice regarding pension. Here's the deal...

Last year, my fiancee and I worked at a shady hogwan. It was our first year coming to Korea and unfortunately picked a bad school. The directer was always secretive about our pay and our questions on taxes and pensions were usually ignored. We did, however, force minimal paystubs out of her that showed where our deductions were. Now looking at the pay stubs, I can see that we did not pay anything into the national pension. We managed to complete our year long contract there and have since moved to Seoul and now work in the public system. Before we left, I typed up a letter that stated that we had completed our year long contract at the hogwan and had the director sign that paper.

Now, we are planning on leaving Korea and are getting ready to apply for our pension refund. Is it possible to go after our previous employer for pension that was not deducted from us? As of now, we are fully aware that we would need to pay our portion of the year long back payment. What would be the means for getting our pension? I'd rather not get a lawyer, but instead I'd like to do this through a government body. Finally, the academy is in Daegu and we are now in Seoul. Will this be a problem?

Any help would be greatly appreciated.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Jun 11, 2006 11:25 am    Post subject: Reply with quote

seems kind of greedy to be going after it now! Contact the pension office and they will probably be able to tell you alot better than anyone here could!
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Sofa_King



Joined: 03 Mar 2005
Location: South Korea

PostPosted: Sun Jun 11, 2006 2:48 pm    Post subject: Reply with quote

Grotto wrote:
seems kind of greedy to be going after it now! Contact the pension office and they will probably be able to tell you alot better than anyone here could!


Greedy...not really. For me this is more about revenge. The hogwan screwed me over in many ways (flight travel home, OT) and they deserve it. Trust me, it has nothing to do with greed. This is all about vengence and making their life hell after the year they put me through....and if I could do this easily by complaining to a government group, then why not do it?
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Sun Jun 11, 2006 3:25 pm    Post subject: Reply with quote

Well....I wouldn't expect much to happen. You are a little late to take action.
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jacl



Joined: 31 Oct 2005

PostPosted: Sun Jun 11, 2006 3:28 pm    Post subject: Reply with quote

English service: 02-2240-1083/5

All you need is your ARC number. Your best bet is to go into your local pension office. I'm sure they'll be interested in pursuing your case since they'll make money off the late interest penalty. That is if you can actually claim all this now. I'm not really sure what they do in a case like yours. No harm in trying.

Anyway, call first and see what they have to say. Might be a little difficult on the phone though.

Search for your local office:

http://www.npc.or.kr/eng/enpc.html?code=./enpc/b01.html
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riley



Joined: 08 Feb 2003
Location: where creditors can find me

PostPosted: Sun Jun 11, 2006 4:23 pm    Post subject: Reply with quote

I had a situation that when I collected my pension, I learned that the first company hadn't paid pension for the last 3 months. The pension office was how I learned this fact. They took care of it for me and were very good. So, my advice would be to simply go in there and be surprised to find out that your first place didn't pay pension. Then let the pension office take over.
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Sun Jun 11, 2006 5:41 pm    Post subject: Reply with quote

Was pension deducted from your pay? If not then there's nothing to collect.

By going to the Pension office you will alert them not only to the fact that your old boss didn't pay his 50% share of the pension premium but that your share was not paid either.

In which case, they may, may require you to pay your portion before they do anything.

If you paid then definately, get on it, especially if you are a Canadian or an American.

Otherwise leave it be because it could cause you just as much harm.

Good luck.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Jun 11, 2006 7:35 pm    Post subject: Reply with quote

If the pension office DOES take action...you will have to pay your share as well (as you pointed out), probably in a lump sum. The amount? 4.5% of your monthly salary*12 PLUS a possible late interest fee. If you have that sum of cash lying around, you might want to try it. Otherwise you could end up screwing yourself.
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riley



Joined: 08 Feb 2003
Location: where creditors can find me

PostPosted: Sun Jun 11, 2006 7:47 pm    Post subject: Reply with quote

TUM, read the post,
Quote:
Now, we are planning on leaving Korea and are getting ready to apply for our pension refund.

I think he's leaving Korea, so even if they want to have him pay his share, they're going to have to give it right back. So what's the point for them asking him for his share. Also, as I said, I was in his position and didn't have to pay anything.
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jacl



Joined: 31 Oct 2005

PostPosted: Sun Jun 11, 2006 8:00 pm    Post subject: Reply with quote

riley wrote:
TUM, read the post,
Quote:
Now, we are planning on leaving Korea and are getting ready to apply for our pension refund.

I think he's leaving Korea, so even if they want to have him pay his share, they're going to have to give it right back. So what's the point for them asking him for his share. Also, as I said, I was in his position and didn't have to pay anything.


I think what TUM is getting at is that the OP didn't pay into pension. You did, so there was no amount you had to pay for the missing three months. Only the boss had to forward what he deducted from you and his share. Here, we're talking about not having it deducted from you check for a whole year and, of course, none being contibuted towards the pension office. The pension office would have collected interest on money that should've been contibuted thus there being some sort of penalty.

I've heard that you have to pay your share if it's late and then get the whole amount back later. But, this may only be while you're still under contract. If the contract is long finished, maybe you're right and it wouldn't make sense for the OP to pay anything. Not even a penalty. That would be the boss's bill.

It's all worth checking out. I believe that the pension office won't ask for the OP's share (probably) and the penalties will be on the boss's shoulders (maybe).

Let's hope that old boss is still around. I'm interested in seeing how this all pans out.
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Lois



Joined: 22 May 2006

PostPosted: Sun Jun 11, 2006 8:31 pm    Post subject: Reply with quote

It's not actually "a little too late" now, as stated by a previous poster...if you haven't left Korea for more than 2 months between your contracts in Daegu and Seoul, it wouldn't have even been possible to apply for the refund before now...if you stay for two or more years without a leave of at least 2 months in between, they just kind of "stockpile" your pension until you leave the country for "good," or at least 2 months.

The old school has to pay, once the pension office finds out, they will make them pay. Doesn't matter if it was deducted from your pay or not, it is the responsibility of a the institute to make sure tax payments and pension payments are made for all of their staff.
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