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  • The_Brit
  • Newgookin

    • 3

    • December 21, 2020, 07:47:49 pm
    • Ulsan
My school didn't pay Pension and Tax, what to do?
« on: December 21, 2020, 08:01:27 pm »
Good evening folks,

I went to the National Pension office today, and found out the school that I'm working for did not pay my pension for the first 2 months when I started work - the lady at the office checked on their system, and found no records. She gave me a number, and told me to tell my management to make payment for the missing month.

In addition, I think the taxes and the health insurance was also not paid for those first 2 months also.

The school gave me my payment in cash for August since I didn't have a bank account then, and a bank transfer for September, October, November, etc.

What can do now?
The school deducted income tax, residential tax, health insurance and national pension from my salary every month - but they didn't pay the pension for the first 2... and I'm guessing the tax and health insurance wasn't paid either - it was all pocketed by the hagwon owner.

Is there a way that I can check if they paid the taxes?
I went to one tax office today, one near Lotte Mart - it has all foreign staff. They told me they can't check the system on whether the school paid or not, and told me to go to another tax office near Lotte dept. store, but when I got there, the Korean woman didn't understand what I wanted, and told me to come back next year during the month of May with the hagwon owner to fill out a form to claim taxes back. Also, the phone numbers I have tried are always busy, waiting forever and can never get through.

I plan on leaving Korea soon so want to get this sorted ASAP.

Regards


Re: My school didn't pay Pension and Tax, what to do?
« Reply #1 on: December 22, 2020, 05:54:17 am »
Are you planning to come back to Korea? Might be easier to just leave. Brits donít get the pension back and you will owe taxes not get a refund. Just call it a wash and leave might be easiest.


**In the future you can call 1330 or use a pay translation service over the phone to help explain the situation.
« Last Edit: December 22, 2020, 08:57:58 am by thunderlips »


  • The_Brit
  • Newgookin

    • 3

    • December 21, 2020, 07:47:49 pm
    • Ulsan
Re: My school didn't pay Pension and Tax, what to do?
« Reply #2 on: December 22, 2020, 11:45:56 am »
Are you planning to come back to Korea? Might be easier to just leave. Brits donít get the pension back and you will owe taxes not get a refund. Just call it a wash and leave might be easiest.


**In the future you can call 1330 or use a pay translation service over the phone to help explain the situation.

I might come back to Korea next year, or the year after - still not sure. But if I do come back, I would like to go to Seoul.
I was planning to go back to the UK but found out all the borders have been closed, and it will probably last for months.

Should I just forget about the 2 months pension they hagwon owner didn't pay?
And what about the tax? I don't think they bothered to pay that also, along with my health insurance.

 Not sure what to do now.


Re: My school didn't pay Pension and Tax, what to do?
« Reply #3 on: December 23, 2020, 11:31:50 am »
Unpaid Pension is an Unpaid Wage Claim with the MOEL, and if you win you get the cash paid to you.

The money that would be paid to you is 4.5% of the TOTAL amount of your wages over the life time of your contract, so on average (assuming 2,100,000 KRW monthly) it would be about 1.1 to 1.5 M KRW

You can file the unpaid wage claim,

Here are articles on it

Korean Labor Law - Most Foreign Employees lose 15-20% of their contact value. Conducting a Self Audit: how to ensure you are fully paid your Severance, unpaid overtime and Pension and other items

https://www.reddit.com/r/Korean_Law/comments/fhw90m/korean_labor_law_most_foreign_employees_lose_1520/


  • The_Brit
  • Newgookin

    • 3

    • December 21, 2020, 07:47:49 pm
    • Ulsan
Re: My school didn't pay Pension and Tax, what to do?
« Reply #4 on: December 23, 2020, 11:59:59 am »
Unpaid Pension is an Unpaid Wage Claim with the MOEL, and if you win you get the cash paid to you.

The money that would be paid to you is 4.5% of the TOTAL amount of your wages over the life time of your contract, so on average (assuming 2,100,000 KRW monthly) it would be about 1.1 to 1.5 M KRW

You can file the unpaid wage claim,

Here are articles on it

Korean Labor Law - Most Foreign Employees lose 15-20% of their contact value. Conducting a Self Audit: how to ensure you are fully paid your Severance, unpaid overtime and Pension and other items

https://www.reddit.com/r/Korean_Law/comments/fhw90m/korean_labor_law_most_foreign_employees_lose_1520/

Thanks for the link, and the advice - I will take a gander at your links, cheers mate.
I need to check for the health insurance and the tax also.

UPDATE: I went back to the Pension office yesterday, and spent almost an hour. Spoke to the staff who then contacted the higher ups, and also phoned the school about the unpaid pension for August and September.
They said the woman on the phone (my boss) will pay the 2 pensions directly to me (even though I am a UK citizen and I'm not untitled to it).
When I got back to the school to inform the director of the school, he tried to play dumb and said his mother probably 'forgot' to pay it. And then went on and said that when teachers start at a hagwon, they are not required to pay pension for the first month.
I then showed him my monthly statements for August (the month I started), and asked him, "why did you deduct the pension from my salary if you are not required to pay it?", he didn't answer my question, and said he will call the pension office and ask. He was mad at me for bringing up the issue, even though it was him who did something illegal. The director was like, "if we owe money, I will pay it to the pension office and they can transfer it to you in the UK", which makes no sense. The pension office staff said the school needs to pay it directly to me, and if they don't, I have to call someone at their office.

I have a meeting with the school owner later, will ask the director if he bothered to call the pension office or not, will keep you updated.