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Subject   Teachers headed for final court battle over employment status (Koreal Herald, January 13, 2015)
Teachers headed for final court battle over employment status

강남노무법인이 코리아헤럴드 신문에 나왔네요. 역시 영어사용의 힘이라고 생각합니다.

Published: 2015-01-13 21:33
Updated: 2015-01-13 21:33


Dozens of teachers who worked at Chungdahm Learning academies are preparing for a final court battle over pay and conditions, after the company appealed a ruling recognizing them as employees, rather than contractors.

Employee status would grant the teachers the right to certain benefits, such as holiday and severance pay.

In its ruling in November, which followed a similar one by a lower court, the Seoul High Court awarded each of the 24 teachers between 4.18 million won and 48 million won ($3,800 and $44,300) in compensation, based on time worked in the three years leading up to the application. Money owed from before that point cannot be claimed due to statute of limitations rules.

Chungdahm argues that the teachers were independent contractors, as described in the contract, but previous rulings have found that this situation does not comply with labor law, as Chungdahm controlled the rules, place and hours of employment, and in some cases sponsored teachers’ employment visas.

If confirmed by the top court, the ruling would affect other institutes that hire teachers as contractors. Contractor status allows greater employment flexibility and eliminates the requirement to pay out benefits, such as severance, pension and health insurance payments.

If the cost reductions are shared with employees, the resulting higher salary and increased flexibility could also be an attractive option for some teachers, particularly those from countries whose pension systems do not allow them to claim a refund when they leave Korea.

Eighteen more teachers have joined the suit since the last ruling, and the teachers’ law firm, Kangnam Labor Law, is looking to hear from more before it makes its final application on Feb. 1.

By Paul Kerry (paulkerry@heraldcorp.com)

[List]

25 (1/2)
No Subject
25 Congratulation for the publication of "Workplace Restructuring Manual"
24 Cogratulation! KangNam Labor Law Firm was selected as one of ten law firms by foreigners living in Seoul  
23 Looking for Labor Attorneys (2 persons) : Employment Information  
22 Weekly Working Hours in the Revised Labor Standards Act (2018)  
21 Revisions of Korean Labor Law in 2018  
20 English edition of Korean labor law book goes on sale  
19 Mobile App : A code of Korean labor laws, labor guide, and labor cases  
18 KangNam Labor Law Firm selected by Gyeonggi Province as a professional Labor Law Firm to support foreign-invested companies for years from 2012 - 2016  
17 Agreement by Labor, Management & Government on Improving the Labor Market  
16 Publishing the revised version of A Bilingual Code of Korean Labor Law (2015)  
15 Native English instructors to get severance pay  
Teachers headed for final court battle over employment status (Koreal Herald, January 13, 2015)  
13 Chungdam, Native English teachers in dispute (Korea Times on March 17, 2011)  
12 KangNam Labor Law Firm selected by Gyeonggi Province as a professional Labor Law Firm to support foreign-invested companies for years from 2013 - 2015  
11 Guideline for prohibiting collecting the resident registration number (implemented as of August 7, 2014) - File attached (only Korean available)
10 A Study on the Employment Status of Native English Teachers in Korea (Thesis for Masters degree)
9 "Korean Labor Law: Disputes & Resolutions" Printing the 3rd edition  
8 『2013 Labor Law Seminar』(KangNam Labor Law Firm) - Recently revised labor laws and Labor Management-related lectures -
7 Immigration Control Act
6 Retirement Age enacted: “Act on Prohibition of Age Discrimination in Employment and Aged Employment Promotion”  

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