Recently a foreigner asked some questions to us regarding employment issues. He has a problem in his Visa status here in Korea and the employer refused to pay some amount to him, a matter of quite frequent occurrence here in Korea, which I’m afraid of though.
Basically foreigners have the same rights as Koreans under Korean civil and/or labor law. Even though the employee does not have a valid working Visa, it does not hinder him or her from executing his or her right under Korean law.
If the company has no right to withhold the money earned by the model, it constitutes a breach of contract and/or a unlawful act. The employee can file a lawsuit or request a preliminary injunction against the company and his assets.
Please be noted, however, that the company could threaten the employee saying “Unless you keep quiet, I’ll inform the Immigration office of your illegal stays in Korea and make you expelled!” as is often the case with vicious small entrepreneur in Korea. Practically it is the primary reason that makes many foreigners working without visa hesitate to take legal actions.
If the employee determines to take legal actions against the company, the first step should be hiring a Korean lawyer and sending a formal demanding letter.
© 2008 Wonil Chung, a Korean Immigration Lawyer/Chung & Partners, a Korean Immigration Law Firm. All rights reserved. Some copyrights, photos, icons, trademarks, trade dress, or other commercial symbols that appear on this post are the property of the respective owners.
November 27, 2009 at 1:58 pm |
If you are a contracted worker with a valid visa, are you allowed the same labor laws as every other working legally working and contracted Korean resident. I was told recently by the manager that I have “no right to ask for anything outside what my contract specifies”. Is this correct or do government hired NSETS also have the right to claim the KOREAN STANDARD ACT LAWS without hassle?
Confused and upset NSET