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Severance late and using a labor advocate
« on: September 13, 2021, 03:33:50 pm »
Long story short my severance is a week late from the two weeks it was supposed to be paid. My public school also didnít include the housing allowance. I filed an epeople petition and they basically said we donít know and to contact a labor advocate to try to file a complaint. I contacted one and he said I need to pay 10% of my claim to him upfront and once/if we win my former employer will reimburse that fee with my severance. Has anyone actually used a labor advocate 행정사사무소?



  • hangook77
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Re: Severance late and using a labor advocate
« Reply #1 on: September 15, 2021, 01:59:08 pm »
Long story short my severance is a week late from the two weeks it was supposed to be paid. My public school also didnít include the housing allowance. I filed an epeople petition and they basically said we donít know and to contact a labor advocate to try to file a complaint. I contacted one and he said I need to pay 10% of my claim to him upfront and once/if we win my former employer will reimburse that fee with my severance. Has anyone actually used a labor advocate 행정사사무소?

Why don't you call the local education office, the pay clerk?  Just go in and ask him where your money is and tell him or the supervisor you didn't get paid.  Call your school first one more time, go in and ask.  If they don't pay or give you some bs school, go to the local ed office, then the provincial education office.  When did they tell you that you would be paid by?  When did your contract finish?  If it was after last payday, it might be paid on Sept 24th this month? 

Why file an eptetition and ask for an advocate when you can just walk in and ask them for your money?  This is why wages don't go up.  Foreigners don't push back and stick up for themselves anymore like they use to.  If I didn't get, I'd go in and ask and call them everyday to complain after a week or more late.  Did you even go in to your school to ask and demand your money?




Re: Severance late and using a labor advocate
« Reply #2 on: September 15, 2021, 02:27:59 pm »


Iíve done all of those things you mentioned. I noticed you didnít actually answer my question regarding a labor advocate. In the future just say I donít know or better yet donít comment.


  • OnNut81
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Re: Severance late and using a labor advocate
« Reply #3 on: September 16, 2021, 07:51:24 am »
Now, I know who I can blame for the wages not going up.  Thunderlips!!!  No, I've never used a labour advocate for a public school but I did get a labour lawyer that was touted as being a big help on ESL Cafe.  He did nothing helpful beyond taking my 300,000 won. 


Re: Severance late and using a labor advocate
« Reply #4 on: September 16, 2021, 08:10:13 am »
Sorry, thunderlips, I haven't. Have you tried posting in one of those FB groups for a recommendation, yet?

And what did the MOEL say about it? I've always kind of assumed that non-payment of severance would fall under their jurisdiction since this may count as a type of wage theft, but I've never been sure.


Re: Severance late and using a labor advocate
« Reply #5 on: September 16, 2021, 09:56:03 am »
Moel told me to hire someone, but that was just in regards to the housing allowance as the severance wasnít late at that time. Iím just worried that I pay this guy out of pocket but still get denied the housing allowance inclusion.


  • D.L.Orean
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Re: Severance late and using a labor advocate
« Reply #6 on: September 16, 2021, 10:05:15 am »
Moel told me to hire someone, but that was just in regards to the housing allowance as the severance wasnít late at that time. Iím just worried that I pay this guy out of pocket but still get denied the housing allowance inclusion.

I thought the housing allowance wasn't included in severance. I've never really seen a convincing argument for not including it but know my office of education doesn't include it.


Re: Severance late and using a labor advocate
« Reply #7 on: September 16, 2021, 10:33:11 am »
@ thunderlips: That sucks. I guess they consider the amount of severance to be a civil matter, or something. But  they might say something else now that your severance is overdue.

I thought the housing allowance wasn't included in severance. I've never really seen a convincing argument for not including it but know my office of education doesn't include it.

Many offices will argue that it's not included, but it actually totally should be. Severance is supposed to be calculated based on your salary, and housing allowance gets counted as part of your salary. That's why you get taxed on it.

So basically, if it's taxable income, it's part of your salary. If it's part of your salary, it needs to be included in your severance. A lot of offices don't feel this is the case because they think of that housing allowance as a bonus, so they'll refuse to include it in with the severance. If you want it included, you'll often have to really push for it. Most choose not to, but I've read stories here and there where people managed to get their offices to pay after some back and forth and crosschecking. One guy said he threatened legal action, and his office buckled (I think because they actually looked into his claims and found them to be true, and wanted to avoid the trouble and cost of losing in court).

I haven't read of any cases where someone actually had to hire an advocate to do more than write a letter, though.
« Last Edit: September 16, 2021, 10:35:08 am by Chinguetti »


  • D.L.Orean
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Re: Severance late and using a labor advocate
« Reply #8 on: September 16, 2021, 10:37:40 am »
@ thunderlips: That sucks. I guess they consider the amount of severance to be a civil matter, or something. But  they might say something else now that your severance is overdue.

Many offices will argue that it's not included, but it actually totally should be. Severance is supposed to be calculated based on your salary, and housing allowance gets counted as part of your salary. That's why you get taxed on it.

So basically, if it's taxable income, it's part of your salary. If it's part of your salary, it needs to be included in your severance. A lot of offices don't feel this is the case because they think of that housing allowance as a bonus, so they'll refuse to include it in with the severance. If you want it included, you'll often have to really push for it. Most choose not to, but I've read stories here and there where people managed to get their offices to pay after some back and forth and crosschecking. One guy said he threatened legal action, and his office buckled (I think because they actually looked into his claims and found them to be true, and wanted to avoid the trouble and cost of losing in court).

I remember receiving an email from the office of education with an explanation as to why it's not included. I assume they had a lawyer assure them they could legally not include it, but the reason didn't make much sense to me. Something to do with it being a benefit not available to all. I know I will be pushing for it to be included in mine.


Re: Severance late and using a labor advocate
« Reply #9 on: September 16, 2021, 10:46:23 am »
I remember receiving an email from the office of education with an explanation as to why it's not included. I assume they had a lawyer assure them they could legally not include it, but the reason didn't make much sense to me. Something to do with it being a benefit not available to all. I know I will be pushing for it to be included in mine.

Yeah, it would be different if it weren't taxable income, but it is, and it's because it gets reported as part of your salary. Just because not everyone gets it doesn't make this any less true, lol. Like if you followed their same line of reasoning, no one should be getting their severance calculated based on more than 2.1 mil because not everyone is receiving higher pay.

Anyway, yeah, they probably sent that email in hopes that most workers don't really know their rights, and that most workers won't push for it anyway.

I'll be pushing, too. I've been given too much crap by too many people not to push for it.
« Last Edit: September 16, 2021, 10:49:22 am by Chinguetti »


  • OnNut81
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Re: Severance late and using a labor advocate
« Reply #10 on: September 16, 2021, 11:55:37 am »
Yeah, it would be different if it weren't taxable income, but it is, and it's because it gets reported as part of your salary. Just because not everyone gets it doesn't make this any less true, lol. Like if you followed their same line of reasoning, no one should be getting their severance calculated based on more than 2.1 mil because not everyone is receiving higher pay.

Anyway, yeah, they probably sent that email in hopes that most workers don't really know their rights, and that most workers won't push for it anyway.

I'll be pushing, too. I've been given too much crap by too many people not to push for it.

If it is taxed, it definitely should be included.  Mine has not been taxed ever, so it's not included in the severance. 


Re: Severance late and using a labor advocate
« Reply #11 on: September 16, 2021, 11:59:27 am »
If it is taxed, it definitely should be included.  Mine has not been taxed ever, so it's not included in the severance.

See, I tried to get the admin to stick my housing allowance into a different category back when I first started getting it because I felt like it would cost both me and the school less if it weren't counted as taxable income (and I swore there was a separate category specifically meant for benefits)... but they refused and said it wasn't possible, lol. I didn't really push it at the time because I didn't know any better. Just kind of always thought since then that it had to be taxable income.

 How does your office categorize your allowance? I might try to bring it up to mine again later. Or maybe not, now that I'll be due for a lot more money with the years that I've accrued.
« Last Edit: September 16, 2021, 12:22:54 pm by Chinguetti »


Re: Severance late and using a labor advocate
« Reply #12 on: September 16, 2021, 12:02:58 pm »
I am not taxed at all leaving me with a bill in February or March. I think Iíll hire someone qualified to look into the housing allowance after I receive the initial payout.

Thanks for the responses everyone!


Re: Severance late and using a labor advocate
« Reply #13 on: September 16, 2021, 12:19:04 pm »
Sorry again for not being able to offer anything more helpful, thunderlips.

Let us know what you end up doing and how it all works out.


  • OnNut81
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Re: Severance late and using a labor advocate
« Reply #14 on: September 16, 2021, 01:12:42 pm »
I am not taxed at all leaving me with a bill in February or March. I think Iíll hire someone qualified to look into the housing allowance after I receive the initial payout.

Thanks for the responses everyone!

Oh, Thunderlips, isn't it you that's finally going to be able to provide a first person account of whether you could cash out pension after more than ten consecutive years of paying in? 


Re: Severance late and using a labor advocate
« Reply #15 on: September 16, 2021, 01:32:15 pm »
Sorry again for not being able to offer anything more helpful, thunderlips.

Let us know what you end up doing and how it all works out.

So they sent me about 80% today probably just to get me to shut up. But how can they not have this money ready by now?!? 

Yes nps you can get after 10 years. It is the private Teacherís pension in uni that gets locked in. I called nps at the 9.5 year mark to verify.


  • hangook77
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Re: Severance late and using a labor advocate
« Reply #16 on: September 17, 2021, 12:56:39 pm »
Iíve done all of those things you mentioned. I noticed you didnít actually answer my question regarding a labor advocate. In the future just say I donít know or better yet donít comment.

Well, a labor advocate will cost you your bonus.  You never said what answer your school said when you went in and asked them for your bonus, nor did you tell us what excuse they gave you.  In the future it might be better to provide those details in advance. 


Re: Severance late and using a labor advocate
« Reply #17 on: September 18, 2021, 07:33:33 am »
All paid up but no housing allowance. Iím not sure i want to fight for it at this point. Sorry Iím making the wages drop :/