A quick update on where I have got to with regards to my contract and the illegal clauses contained within it.

Because I have to play it by ear until he actually withholds, or doesn’t, the million won that my contract illegally states I have to pay, things are a matter of ifs and buts at the moment.

I have now had it confirmed by the Korean Labor Board that he cannot (legally) take the million won under (as I thought) Section 27 of the Labour Standards Act. If he does take the money I have a claim against him with the labor board – whether or not that will make any difference to him remains to be seen. I hoping the bad publicity  generated by him being hauled in front of the labour board will be enough to cajole him into paying. I’ve also discovered that any claim will be settled – ie. they will rule one way oer another – within 25 working days (excluding national holidays) and I can appoint a person of my choosing to act on my behalf.

Whilst this all sounds pretty good there are two problems:

1. The Labour board cannot force him to pay or even attend the hearings! They can order him to pay but the board has not legal teeth with regards to enforcing the ruling. So if he chooses he can simply ignore it! If he ignores the ruling by the Labor board I would have to take him to small claims court in order to get the money.
2. The person acting on my behalf won’t be in the country for a total of 25 working days after I leave. Once again I’m hoping the claim won’t get this far and if it does I’m hoping it is settled quickly (the 25 days is a maximum).

I am hoping that once he realises I know the law and I know what to do if he doesn’t give me the money he will decide the easiest option is to pay up. When I resign I am going to ask him to sign something stating that he will pay me my usual salary on the 4th of June – one week before I leave work, unless I decided to change my visa to a tourist visa for a week. But even if I do this I will still be in the country and able to make problems for him. I’m going to refuse to talk with a new foreign instructor until he shows me that their contract doesn’t have any of the illegal clauses in it and agrees to sign the paper confirming he will pay me the money. If I decide to work the extra week and he doesn’t give me the money I am then going to make a fuss in front of as many parents as possible in the hope he my give it to me just to save the reputation of the school! Whatever happens if he doesn’t pay up, once I have left, I have noting to loose by p***ing him off!

I have also found what to do about immigration. I need to send them a copy of my resignation letter, cancel my visa and get an exit order from them. Immigration can also grant me a tourist visa for two weeks from the date my employment ends. So I am considering giving four weeks notice then having a week off before leaving Korea. So I can do some exploring and see any bits I still really see. Plus my week is then free to deal with labor boards etc if needs must!

Well that’s it for now. I’ll keep you updated with any new developments. only 17 days till I hand in my notice!

* Posted by j150vsc on 17/04/2007.
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