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robyn1882
Joined: 19 May 2006
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Posted: Thu Sep 21, 2006 6:59 am Post subject: Legal action |
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Hi all,
I recently left my contract in Korea. Its a really long story but the jist of it is my house was robbed and trashed, the director knew who it was and lied to the police about everything. Anyhow, they are now threating me with legal action. I know that a contract I signed in Korea means nothing in Canada. But can they legally do anything. I need to relpy to her email and I would like to sound as if I know what im talking about when i say that im calling her bluff. Of course I will do it in a polite manner! |
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Novernae
Joined: 02 Mar 2005
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Posted: Thu Sep 21, 2006 7:50 am Post subject: |
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If you come back to Korea, they might possibly be able to claim some sort of damages... though I doubt it (maybe someone else can elaborate on this??). In Canada they can do nothing to you. |
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bellum99

Joined: 23 Jan 2003 Location: don't need to know
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Posted: Thu Sep 21, 2006 8:23 am Post subject: |
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Here is a hint...don't reply. It has been my experience that stupid things like this go away if you simply don't respond. Block her email address and then you won't be tempted to answer because you won't get the emails.
Contact doesn't do you any good....wait for the lawyers (in Canada) to contact you (in Canada) and then decide what you want to do. You do this and you will never hear from the school.
Some people get their rocks off with confrontation so it is best not to feed the fire. Just ignore them....by not hearing from them. |
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Corky

Joined: 06 Jan 2004
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Posted: Thu Sep 21, 2006 8:50 am Post subject: |
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Don't reply! The cost of going after you will most probably stop your ex-boss from trying to get you. I don't know if she's able to take you to court, but most probably she won't even try. Even if she did, the most she could get would be the money you owe her and the court costs (maybe). Remember that any action she takes is not going to get you put in jail. I'd call her bluff by not answering if I were you. A lot of foreigners in Korea are stumped by legal issues when they run into situations requiring legal process over here; however, in this case, the advantage is on your side as your ex-boss will have to navigate through the laws of your country. |
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Pak Yu Man

Joined: 02 Jun 2005 Location: The Ida galaxy
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Posted: Fri Sep 22, 2006 12:19 am Post subject: |
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Korea can inforce their own laws in Korea. That the hell are they going to do to you when you are home? When you are home file a counter-suit and try to sue your boss. That'll shut him up. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Fri Sep 22, 2006 12:40 am Post subject: Re: Legal action |
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robyn1882 wrote: |
Hi all,
I recently left my contract in Korea. Its a really long story but the jist of it is my house was robbed and trashed, the director knew who it was and lied to the police about everything. Anyhow, they are now threating me with legal action. I know that a contract I signed in Korea means nothing in Canada. But can they legally do anything. I need to relpy to her email and I would like to sound as if I know what im talking about when i say that im calling her bluff. Of course I will do it in a polite manner! |
Just ignore him/them. They can't touch you in Canada. All they can do is pizz and moan into the wind and hope they don't get their own spray in the face.
There is NO court in Canada that would enforce a contract from Korea.
a) they don't have jurisdiction
b) Korean contracts generally violate too many Canadian civil and provincial laws (and also, usually, the Canadian constitution/charter) so cannot be enforced in Canada.
No court order from Korea is enforceable in Canada. Again - no jurisdiction.
SLEEP WELL and enjoy life. You have no worry from a toothless tiger moaning in the wind. |
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RunAway!!!
Joined: 23 Sep 2006 Location: Korea
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Posted: Sun Sep 24, 2006 2:17 am Post subject: Wow, that sucks... but check THIS out! |
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I gave notice at the beginning of September that my final day would be payday (the 25th) and thought that was considerate. That was exactly the 6 month mark and longer than any previous foreign teacher there, so I had been told. And it was all I could handle, too.
I did, however, have reservations about doing this (NOT doing a kidnight run) as my school ("logos"), which is a small "Christian" academy in Ilsan/Paju gave me reasons to distrust the hello outa them from the beginning. When I arrived in Korea, the man with whom I had been communicating met me and after 1.5 minutes introduced me to the REAL person I would be working for who didn't know nearly as much English and was a nervous, nerdy, rather shifty-looking fellow.... hmmmm. Next, I had to sleep in the school (which was an old, on the verge of being condemned YMCA complete with trailors out back!) for a month and a half (no extra compensation. of course) even though I was told that I would have my choice of 2 flats upon my arrival. Next, when I was presented with a contract to sign, twice it was wrong and had things missing(!!!?) from the one originally mailed to me. Neeeeext, I had to wait 3.5 months for them to arrange my visa. I had to tell them I was quitting the following week if my trip to Japan was not arranged before then. All this time I was seriously thinking about bailing.
I had no guidance on what they expected me to teach other than I was the "Speaking and Listening" teacher. There were 3 other teachers (the Koreans) who taught grammar, reading, and writing (what a joke as their English was often not enough to hold a conversation with me and certainly not without mistakes). There was no coordination amongst the other teachers in terms of material being taught.
I was at a loss as to choosing material, so I created my own based on my title... we practiced speaking alot, making correct sounds, and increasing their speed with what they already knew. Anyway....
Gave my A__hole, I mean boss, notice and he asked me several times if I would reconsider, if there wasn't something they could do to make me stay (I had had enough of the, "Oh, the children need you!" BS and he knew it wouldn't work). So it was settled. Next day, I'm leaving work and Mr. Boss runs after me and says you need to stay until 5 like the other teachers. Well, I had usually left early when my classes allowed this and 'twas not a problem before. But, Ok, reluctantly, I stayed... told him the following day that I would be needing to leave early on Thursdays to finish mailing stuff, packing, getting ready to depart Korea... or he could just fire me now. "OK, no problem," was his response.
Had a feeling he'd try to pull some crap before I left with pay (but not to this extent) so I asked to know what my final paycheck would be and to have this info by Friday Sept 22. He informed me that morning that I would not be getting paid... because I was breaking the contract (BS, as I never actually signed one, but have the one emailed to me that I agreed to) and the final pay would be used to recoup their, get this, visa renewal costs (airfare, cheap-ass hotel in Japan, etc), my RT ticket (there was only a 1-way ticket which was arranged by me in the country where I was at the time as it lowered their expenses), their expenses in procuring my housing and non-refundable deposits (it was an office-tel), and on top of all THAT, my teaching had not been up to standard as I had not spent the required time in the office preparing. Well, that was a first. What a pile!
Anyway, I'm not trying to get this money by going to the office of labor in Uijeongbu-city. I'm originally from Richmond, VA which happens to be their sister city in the States, so I'm hoping this helps.
Anybody have any ideas about a plan of attack? Where to go first, what to say, do, etc?
I know not having a signed contract is not good, but there are bank deposits and the contract with the office tel...
Love to hear some ideas, short of lifting a few items from the school as "back pay"....
Hope nobody else has such heinous s__t happen to them! Beware... and don't trust your boss. |
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bellum99

Joined: 23 Jan 2003 Location: don't need to know
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Posted: Sun Sep 24, 2006 3:43 am Post subject: |
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You screwed up. You worked without the visa. You have no legal grounds to do anything. Why in h@ll did you work without the visa? How can you even prove you worked for them at all? I think they did you over well. Sorry to hear what happened but you have to be more careful in the future. |
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RunAway!!!
Joined: 23 Sep 2006 Location: Korea
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Posted: Sun Sep 24, 2006 6:04 am Post subject: not true... |
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Thanks for the reply.
But, I don't think you read thoroughly...
I have a visa. I demanded a visa. Initially I was not so adamant as the the situation was so shite that I was just going to jump ship.
It took these idiots 3+ months to get it for me and they only did that after I refuse to work anymore without it.
So far the teachers and people I've talked with in person feel pretty good about what will happen in my situation... not at all that it's hopeless.
So now that you know I had a visa to work what is your opinion? |
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grainger

Joined: 21 Sep 2006 Location: Wonju, Korea
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Posted: Sun Sep 24, 2006 6:18 am Post subject: |
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Bellum's right. Yes they eventually got you a visa but you were still working for three monts illegally. If you try to go after them it's just going to blow open the whole issue. Besides it's not worth it. By the time you get the pay you're after you'll have to give it to some one else in legal fees. I say just cut your losses and go. There are better situations out there. My first job was something like yours but you live and you learn; or you don't live long. |
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ChopChaeJoe
Joined: 05 Mar 2006 Location: Seoul
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Posted: Sun Sep 24, 2006 8:57 am Post subject: |
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Reply all you want. Get the director to explain why she did you wrong about the break in. You were wronged. Kep that in mind. make her justify herself.
Don' even address her legal garbage. keep the discussion focused on what happened to you. |
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Real Reality
Joined: 10 Jan 2003 Location: Seoul
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Posted: Sun Sep 24, 2006 2:15 pm Post subject: |
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RunAway!!! wrote: |
Thanks for the reply. But, I don't think you read thoroughly... I have a visa. I demanded a visa. Initially I was not so adamant as the the situation was so *beep* that I was just going to jump ship. It took these idiots 3+ months to get it for me and they only did that after I refuse to work anymore without it. So far the teachers and people I've talked with in person feel pretty good about what will happen in my situation... not at all that it's hopeless. So now that you know I had a visa to work what is your opinion? |
RunAway,
You may need to start your own thread. Anyway, there may not be anything you can do except let others know how you were treated. Were working legally in Korean long enough?
After legally working for more than a year at one Korean school, the only way I could get some money that was owed to me was go to the labor board office. Getting the labor board personnel to do anything took meetings, getting help from Korean friends, paying for trips to the labor board office, and being very persistent. After I finally received what I was owed, I concluded it was not worth the time, money, effort, and frustration.
robyn1882,
How could they pursue legal action against you if you are in Canada? I guess ttompatz is right.
Here are some articles you might find interesting.
Foreigners Experience Difficulties in Living in Korea
by Jae-Dong Yu and Soo-Jung Shin, Donga.com (July 4, 2004)
http://english.donga.com/srv/service.php3?biid=2004070522448
Ex-pats Describe Korea's Culture of Corruption
by Kim Hong-jin, Chosun Ilbo (December 16, 2004)
http://english.chosun.com/w21data/html/news/200412/200412160027.html
A Country of Liars
National Intelligence Service director-designate Kim Seung-kyu, in a lecture he gave late in May when he was justice minister, said: "The three representative crimes of our country are perjury, libel and fraud."
by Kim Dae-joong, Chosun Ilbo (July 3, 2005)
http://english.chosun.com/w21data/html/news/200507/200507030027.html |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Sun Sep 24, 2006 2:20 pm Post subject: |
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The evil hogwan owners/directors threaten lawsuits all of the time. They even do it to each other. |
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spliff

Joined: 19 Jan 2004 Location: Khon Kaen, Thailand
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Posted: Sun Sep 24, 2006 4:02 pm Post subject: Re: Legal action |
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robyn1882 wrote: |
Hi all,
I recently left my contract in Korea. Its a really long story but the jist of it is my house was robbed and trashed, the director knew who it was and lied to...... |
Ignore her, she's an idiot and deserves to be sued herself!  |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Sun Sep 24, 2006 4:27 pm Post subject: Re: Legal action |
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ttompatz wrote: |
[
No court order from Korea is enforceable in Canada. Again - no jurisdiction.
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Sure about NO court order?
That said given that this is a contract...the OP has nothing to worry about. |
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