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September 14, 2005

Summery of contractual violations by ILS

List of contractual violations by Gwak Hae Bong at the school referred to as ILS in the contract; located at 591-13 Okdong, Ulsan , Republic of Korea .

Please note that as stated in the contract in section 2-1, the period of employment begins on the date of arrival in Korea. This date, as is stamped on my passport, is March 14th, 2005. Therefore, my contract began on March 14th, 2005.

Section 3-2 of the contract states that, "the employer will honor the terms and conditions of employment for the teacher as stated within this contract." This was not done, as the contract has been violated by the employer multiple times.

Section 6-2 of the contract states that, my salary was to "be paid monthly, 10 days after the completion of each working month." This was not done 10 days after the completion of each working month. Although a minor complaint, the salary was routinely paid 11 days after the completion of each working month. On one occasion, it was paid 12 days after the completion of the working month.

Section 7-3 of the contract states that "if the teacher leaves the school prior to completing six(6) months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher's last month's pay.

As already noted, I began this contract on March 14th, 2005. My final date of this contract, as a result of job termination, was September 14th, 2005 . Six (6) months after March 14th, 2005 would be September 13th, 2005. Therefore, I have worked one day more than six (6) months. I have completed six (6) months at this school. Therefore, I am under no obligation to reimburse the school the cost of the ticket paid by the school. Since the director, Gwak Hae Bong, is withholding the amount for the ticket from my last month's pay, he is in direct violation of section 7-3 of the contract.

Section 8 of the contract concerns tax being withheld from my salary. I have received no confirmation of this being done. Therefore, I request that proof be provided for me that I have been paying tax in accordance with Korean law.

Section 9-1 of the contract states that, "the teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization." This was not done.

Section 12-2 of the contract states that the "furnishings being provided by the employer included: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two burner gas hot plate, and telephone. The teacher will be expected to provide his own pillow, pillowcase, and sheets." Some of this was not done. My apartment had no fan, no kitchen table and no chairs. In addition, I was not provided with a telephone for a number of months. I did have help obtaining a cell phone, but I was not provided with the actual phone. I had to buy it myself.

Section 14-2 of the contract states that "he employer agrees to give the employee 20 working days notice in the event of dismissal" and that "in the case of a teacher's criminal behavior or misconduct, he will be dismissed from employment immediately with no warning or notice." I wish to emphasize that there has been no criminal behavior or misconduct committed by me. Even though there has been no criminal behavior or misconduct committed, the employer, Gwak Hae Bong, is has not given me 20 working days notice in the event of a dismissal.

I wish to not here, that this section of the contract is in conflict with Korean Labor Standards Act. Article 32 of the Korean Labor Standards Act states I must receive 30 days clear notice or 30 days pay in lieu. Act 35 of the Korean Labor Standards Act states that anyone who has worked more than two months of a fixed term contract must receive 30 days clear notice of 30 days pay in lieu. Since I have completed one day over six months, I am well over this two month period. Therefore, since I did not receive 30 days clear notice, I am entitled to 30 days pay. 30 days pay would be equal to 1.9 million (1,900,000) won.

Section 14-4 of the contract reemphasizes section 7-3, saying that "in either case of dismissal or resignation before completing six (6) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea." I will reemphasize that I my period of employment was from March 14th, 2005 to September 14th, 2005 is one day more than six(6) months. Therefore, I, the teacher, am under no obligation to reimburse the employer the cost of the ticket to Korea. As the employer, Gwak Hae Bong, is withholding the amount for the ticket from my last month's pay, he is in direct violation of section 14-2 of the contract.

The director of the school referred to as ILS in the contract, Gwak Hae Bong, is in violation of many points of the contract. Due to these violations, I am owed a sum of 1.9 million (1,900,000) won and the cost of my flight to Korea prior to March 14th, 2005.

posted by Blake at Wednesday, September 14, 2005

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