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Jellypah

Joined: 27 Oct 2004 Location: ROK
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Posted: Sat Oct 21, 2006 3:37 am Post subject: I'm Getting Screwed. Advice? |
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I've been here quite a long time - about 2 and a half years. I've been working for the same hagwon the whole time, and I've stayed there because the boss is nice, the hours are alright, and everythings been generally ok. Plus, everytime my contract's end has come around they've begged me to stay!
So - I don't have an excuse for not knowing about the pension plan. This past week was the first time I'd ever heard of it. Obviously, I don't spend enough time on Dave's in the job discussion forums.
I have not been paying into it, nor has my boss. I'd LIKE to be paying into it. I'd get all my contributions back when I leave Korea next summer. Likewise, I haven't been paying for health insurance. I really wanted to when I first arrived, but my boss really didn't want to enroll me. She made an arrangement with the local doctor (that I be covered under her insurance?) so it's cheap visiting him when I get sick. The one time I was in hospital with food poisoning, the bill was over 100,000 won, which my boss ended up splitting with me.
Just as I didn't know about pension, I also didn't know about it being mandatory for foreigners to have health insurance as of Jan 2006 until this past week.
I learned a lot this past week.
I also learned that at my rate of pay, I should be contributing about 1.5% of my salary toward tax. With the "regional tax" this amounts to 31,850. My boss HAS been deducting tax from my salary. 100,000 a month!
I'm going to have a discussion with her next week, where I'll point out she owes me over 1.9 million won in tax, and she owes about 2.5 million to the pension plan (so do I, I realize) and about another 450,000 for health insurance.
I don't anticipate this going over very well, and I'm really nervous about bringing it up.
My friend suggested I be careful, as it might just be easier for her to fire me! Could she do this?
Any advice on how to approach this? (Thank you in advance!) |
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laogaiguk

Joined: 06 Dec 2005 Location: somewhere in Korea
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Posted: Sat Oct 21, 2006 3:41 am Post subject: Re: I'm Getting Screwed. Advice? |
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Jellypah wrote: |
I've been here quite a long time - about 2 and a half years. I've been working for the same hagwon the whole time, and I've stayed there because the boss is nice, the hours are alright, and everythings been generally ok. Plus, everytime my contract's end has come around they've begged me to stay!
So - I don't have an excuse for not knowing about the pension plan. This past week was the first time I'd ever heard of it. Obviously, I don't spend enough time on Dave's in the job discussion forums.
I have not been paying into it, nor has my boss. I'd LIKE to be paying into it. I'd get all my contributions back when I leave Korea next summer. Likewise, I haven't been paying for health insurance. I really wanted to when I first arrived, but my boss really didn't want to enroll me. She made an arrangement with the local doctor (that I be covered under her insurance?) so it's cheap visiting him when I get sick. The one time I was in hospital with food poisoning, the bill was over 100,000 won, which my boss ended up splitting with me.
Just as I didn't know about pension, I also didn't know about it being mandatory for foreigners to have health insurance as of Jan 2006 until this past week.
I learned a lot this past week.
I also learned that at my rate of pay, I should be contributing about 1.5% of my salary toward tax. With the "regional tax" this amounts to 31,850. My boss HAS been deducting tax from my salary. 100,000 a month!
I'm going to have a discussion with her next week, where I'll point out she owes me over 1.9 million won in tax, and she owes about 2.5 million to the pension plan (so do I, I realize) and about another 450,000 for health insurance.
I don't anticipate this going over very well, and I'm really nervous about bringing it up.
My friend suggested I be careful, as it might just be easier for her to fire me! Could she do this?
Any advice on how to approach this? (Thank you in advance!) |
NOt go over well is an understatement I highly doubt she will no matter how nice and how much you plead. The only way is to go to immigration. Try first, but do not expect her to fork up that much money, plus continue paying for it after. |
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Jellypah

Joined: 27 Oct 2004 Location: ROK
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Posted: Sat Oct 21, 2006 3:51 am Post subject: |
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I hear that. I hope it doesn't come down to me having to go to the Labour Board or Pension Office or what have you.
I shouldn't have to plead, though. It's ultimately her responsibility to make sure I'm enrolled in things that are required by Korean law. Still, I'm worried sick about having to talk to her about it. |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Sat Oct 21, 2006 3:56 am Post subject: |
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Yep! She screwed you good all these years. No wonder she's been really nice to you. That's some chunk of money. Be prepared for your relationship with your boss to become sour because I'm sure she'll fight you to not pay that much money.
I would think you and your boss do owe and have obligation for all back taxes and pension, but in your case I'm not sure if the tax and pension office are willing to go back that far. I suggest you contact both offices and do some research so that you'll have firm answers about them before confronting your boss though.
Keep those numbers to tax, pension office, and labor board handy. I'm sure she may decide to let you go rather than to pay the money. If that's the case, you can contact and report to those offices to recoop your money, etc.
And start looking for a new job.
Good luck! |
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The Lemon

Joined: 11 Jan 2003
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Posted: Sat Oct 21, 2006 3:58 am Post subject: |
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There's something working against you -precedent. You were happy with your deal for nearly three years. I'm not saying you're not entitled to these things, but you don't need me to tell you that your situation would be much better had you had this discussion with the boss back in 2004. And your boss would likely have been more receptive.
In a way, it might have been better if you had never learned about all this tax and pension stuff. |
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laogaiguk

Joined: 06 Dec 2005 Location: somewhere in Korea
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Posted: Sat Oct 21, 2006 3:58 am Post subject: |
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ChuckECheese wrote: |
And start looking for a new job.
Good luck! |
I hate to say it, but this is probably the best thing to do. You can't just let that slide, but there is almost no way she will give in.  |
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Jellypah

Joined: 27 Oct 2004 Location: ROK
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Posted: Sat Oct 21, 2006 4:10 am Post subject: |
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Thank you for the replies, though it's not doing much in the way of making me feel better!!
Again, I hear what you're all saying - but legally - she couldn't fire me for this, could she?
As for the pension office going back that amount of time, I doubt very much they'll have a problem. Why would they? It's been mandatory that all foreign workers be enrolled in the pension scheme since 1999. From what I've read on this board, chances are they'd lay a late fine against her as well.
I did have numerous discussions with her back in 2004 about health insurance. Perhaps her reluctance to enroll me then was because it would have meant signing me up for the pension as well (from what I've read on the board, you have to have pension to have health.)
Lemon - you may be right, it might have been better if I never got wise to these things. But now that I know, I can't just "un-know." If it were just a little bit of money I'd let it slide, but we're talking thousands of dollars. |
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laogaiguk

Joined: 06 Dec 2005 Location: somewhere in Korea
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Posted: Sat Oct 21, 2006 4:13 am Post subject: |
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Jellypah wrote: |
Thank you for the replies, though it's not doing much in the way of making me feel better!!
Again, I hear what you're all saying - but legally - she couldn't fire me for this, could she?
As for the pension office going back that amount of time, I doubt very much they'll have a problem. Why would they? It's been mandatory that all foreign workers be enrolled in the pension scheme since 1999. From what I've read on this board, chances are they'd lay a late fine against her as well.
I did have numerous discussions with her back in 2004 about health insurance. Perhaps her reluctance to enroll me then was because it would have meant signing me up for the pension as well (from what I've read on the board, you have to have pension to have health.)
Lemon - you may be right, it might have been better if I never got wise to these things. But now that I know, I can't just "un-know." If it were just a little bit of money I'd let it slide, but we're talking thousands of dollars. |
She can't legally fire you. And yes, she does have to pay it. But that means nothing, unfortunately. You would be better off quitting and suing instead of taking her ot court for wrongful dismissal. But it might be better to see if she will do it, give her lots of opportunties. When she doesn't, get a new job and sue her ass! You won't want to stay at the same job. |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Sat Oct 21, 2006 4:16 am Post subject: |
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The Lemon wrote: |
There's something working against you -precedent. You were happy with your deal for nearly three years. I'm not saying you're not entitled to these things, but you don't need me to tell you that your situation would be much better had you had this discussion with the boss back in 2004. And your boss would likely have been more receptive.
In a way, it might have been better if you had never learned about all this tax and pension stuff. |
You know damn well that OP's boss knew what she was doing to screw the OP. She was basically taking advantage of the OP knowing that OP wasn't aware of these laws and most importantly intentionally breaking the law. And those entitlement laws aren't any secret and OP would have found out about it sooner or later which he did.
Good relation or not, OP's boss is sly cheaten biatch in my opinion. Those are the kinda people who will not hesitate to stab you in the back. If I were OP, I would lose interest in working for the biatch until she coughs up all the money. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Oct 21, 2006 4:20 am Post subject: |
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Jellypah wrote: |
Thank you for the replies, though it's not doing much in the way of making me feel better!!
Again, I hear what you're all saying - but legally - she couldn't fire me for this, could she?
As for the pension office going back that amount of time, I doubt very much they'll have a problem. Why would they? It's been mandatory that all foreign workers be enrolled in the pension scheme since 1999. From what I've read on this board, chances are they'd lay a late fine against her as well.
I did have numerous discussions with her back in 2004 about health insurance. Perhaps her reluctance to enroll me then was because it would have meant signing me up for the pension as well (from what I've read on the board, you have to have pension to have health.)
Lemon - you may be right, it might have been better if I never got wise to these things. But now that I know, I can't just "un-know." If it were just a little bit of money I'd let it slide, but we're talking thousands of dollars. |
Don't forge that you are also liable for YOUR SHARE of the contributions as well. Medical will back date you from your entry into Korea if you have just extended and NOT gotten a new visa (with visa run) every year.
Pension will also back date the premiums and you will have to pay YOUR SHARE as well. They will want the money immediately.
If she actually remitted the money to the tax man you will have to file your tax returns to get your refund. If she didn't the tax man will come after both of you.
Just so you know before you rock the boat too hard. You are both gonna get slapped over this one. |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Sat Oct 21, 2006 4:22 am Post subject: |
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By the way, are you american or canadian? If not, forget about getting your pension money unless you plan to retire in Korea. |
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Jellypah

Joined: 27 Oct 2004 Location: ROK
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Posted: Sat Oct 21, 2006 4:31 am Post subject: |
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I'm Canadian. And a she!
ttompatz: I realise I'll have to back-pay for pension. Not a problem. Since health insurance only became mandatory in January of 2006, that's when I would be charged retro-actively for.
The tax man WILL NOT come after both of us! The money has been deducted from my monthly salary. It's not my job to police my boss to ensure she's remitting it to the tax office! |
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The Lemon

Joined: 11 Jan 2003
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Posted: Sat Oct 21, 2006 4:37 am Post subject: |
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ChuckECheese wrote: |
You know damn well that OP's boss knew what she was doing to screw the OP. |
I never claimed otherwise. I'm just suggesting that legality is one thing, and the facts on the ground are another. And in this situation, for practical purposes, there's such a thing as "too late". |
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ChuckECheese

Joined: 20 Jul 2006
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Posted: Sat Oct 21, 2006 4:43 am Post subject: |
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Jellypah wrote: |
The tax man WILL NOT come after both of us! The money has been deducted from my monthly salary. It's not my job to police my boss to ensure she's remitting it to the tax office! |
Good for you! In that case, you'll have no problem recooping your pension money, your sly boss will be scared sh1tless if you even mention to her about contacting the tax office. She'll end up paying all your back tax and some more (fine and penalty).
I hope you kept all your deduction records though.  |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sat Oct 21, 2006 6:02 am Post subject: |
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Jellypah wrote: |
I'm Canadian. And a she!
ttompatz: I realise I'll have to back-pay for pension. Not a problem. Since health insurance only became mandatory in January of 2006, that's when I would be charged retro-actively for.
The tax man WILL NOT come after both of us! The money has been deducted from my monthly salary. It's not my job to police my boss to ensure she's remitting it to the tax office! |
Actually, the tax man will come after you for YOUR unpaid taxes.
It is YOUR job to ensure that your taxes are paid up every year. I assume that you did NOT file an income tax return for the last 2 calendar years.
Then they will go after your boss for not remitting taxes on your behalf.
It will be your job to get the 100k per month back from your boss if it wasn't remitted to the tax man.
With the medical, if you were here before 2006 they MAY very well try to collect from your entry date and NOT just since Jan. I am currently assisting someone fight this very thing with NHIC. Their (NHIC's) position is that the exception is if you got a NEW visa after Jan 2006.
Good luck with your can of worms. Keep some savings handy. |
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