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 Life of an Expat in Korea (Korean labor (labour) law below)

The Good, The Bad and the Ugly

 Embracing the culture of a new country is a challenging task.    

Everybody back home says that when you live and work abroad, you are lucky.  I must admit, it is not true much of the time in Korea. I was totally in “culture shock” the first time I arrived here in 2001. The landscape of South Korea is a lot prettier than I thought.  The country has developed well, but in many aspects, the ways of the people do not correspond to this beautiful but high tech society. I visited a top class fully furnished apartment in Seoul and I was shocked when they asked me to sit on the floor. I still cannot understand why they spent a lot of money for a leather sofa and we were sitting on the floor.

The Korean subway system is fantastic and second best only to Hong Kong’s MRT. Mainly because of the courtesy of the people in Hong Kong but yes, it was also British built with the TV built in the back of the seat etc. The “ugly bad” in Korea is that the people push and shove you inside and out of the train without respect, and Korean’s usually never apologize as this is normal Korean behaviour. They will look in your bag if you open it to see what you have, and even read your book with you! Koreans don’t see people. You just don’t exist. But, they need for some reason, to know everything about you. A friend and I were in an elevator speaking in Tagalog. A Korean lad shouted at us in his native tongue that we should talk in Korean, because he could not understand us. Keep this in my mind as part of the Korean day-to-day behaviour. 

Driving in Korea is also very challenging although Korean road signs are friendly to foreigners. However, there are cameras everywhere. Thank the lord I am not a 'speed merchant'.  I really try to be obedient but when I drive, the local drivers will suddenly swerve and dangerously cut you off, they just race with the traffic swerving from lane to lane.  Using a horn here is the same as in the Philippines. It's like a Christmas present to be used all the time. My US army friend and my British hubby have now become aggressive drivers mainly to survive the dangerous assaults and insults from Korean drivers.

On the good side, is the way Korea has continued to make their culture alive with their tradition festivals and dances.  The cherry blossom festivals and the beautiful autumn leaves of the Gingko trees really touches my heart. My Canadian friend who also arrived here about the same time as myself, tells me that Vancouver in Canada has the same cherry blossom, autumn leaves, Asian cultural events and all in an open multi-cultural society: so is Korea really unique? Perhaps not.  I must go to Canada and see.

Korean fashion is amazing. Korean manufacturers are amongst the world’s best imitators of signature brands. There is no respect for “patent brand” and women are picture perfect the moment they step out of their apartments.   Oddly though, you will see them walking on the beach wearing high heels and office clothes or walking in the cold wearing a skirt and blouse.   Korea is a modern society taking its place in the modern world, but out of place in so many ways.  They really feel a need to outsmart, out-look and be better than the next-door neighbour. At whatever cost.  Sadly, many are in debt.

Korea has more new cars on the streets than I have uncounted elsewhere.  They change cars every 5 to 7 years. You can buy an excellent pre-owned automobile here for a thousand US dollars.

My loneliest days here are at Christmas and New Year, because this is not a Christian country in spirit or mind.   Even though there are many privately run Christian churches everywhere in Korea, they are not really embracing or conducting themselves as traditional Christians with any affiliated Christian denominations. There is no “spirit” in the air at all at Christmas in Korea. It all revolves around making money only. Thinking about other people and their needs does not exist. The winter is bitterly cold and icy here. The snow is always very pretty though. I have promised myself to spend this year’s Christmas and New Year in California. I deserve a proper Christmas dinner after having missed two Christmas holidays here.

Korean business culture is also very different compared to the rest of the world. Ten to twelve working hours here is normal in the offices and factories. Six teaching hours a day is also normal if you are an English teacher.  It is my first time to see office employees sleeping or passing out during office hours due to sheer exhaustion. Business establishments come and go and as this is a cutthroat society in terms of business and personal honesty, something that is scornfully lacking in Korean society. This society embraces some of the best aspects of modern life, but woefully lacks in management and Koreans for the most part refuse to integrate into a modern world of Globalization. Companies in the main see globalization as carrying out multi business without any hands-on experience in running the business or any knowledge about the products. I call this “jack of all trades, master of none”. Exports are fine. Import is not seen as good country policy. In world trade, they only really want to sell. In real life they also see working in factories as an insult. Hence there is a requirement to take on Filipino workers.  If Filipinos left, they would have problems.

On the other hand, have you ever tried eating live and raw squid or octopus? I was brave enough to try this “Korean delicacy”. While I was chewing the squid and octopus the tentacles were sucking on my gums and tongue. What was I thinking? I put it down to experience. I also mastered the art of making Kimchi. Believe me or not, I was the one who taught my middle-aged Korean lady friend how to make Kimchi and she could not believe it. Korean mothers are very busy nowadays doing the shopping, looking pretty and having a hair perm. They really prefer to buy a prepared Kimchi in the supermarkets. No wonder the new generation does not know how to prepare their best side dishes.  Families just don’t know how to cook. However, Korean food is delicious. My favourites are: haesangkuk, kamjatang, kalbi, agutang, kalbitang and samgyetang. It costs a fortune to buy Ginseng outside of Korea but you can eat fresh ginseng roots in chicken soup and beef soup here. I understand it is not a lot different to English horseradish, which comes at a quarter of the price and actually tastes nicer.

I had a super day at the fish market yesterday and I was amazed to find such a large selection of seafood. I bought a huge spider crab and many varieties of shellfish. This is definitely one thing that I will miss when I move to another country for better times and job next month. Having spent a year in Beijing and Shanghai, I must admit, I really miss Chinese food also, apart that is, from missing my own Filipino food. At least I could buy that in Sydney and Melbourne.

 My Korean best friend is the only Korean I dare to trust. She has been with me thru “thick and thin”. She protects me from the horrible experiences I have encountered here. I thank God for giving me such a dear friend for life.

To be fair, there are good and bad people all over the world. I happened to experience the good, the bad as well as the ugly side of living as an expat in the land of the morning calm. A super place to visit, just be very, very careful if you are thinking of working here.

 Korea.  

Super people, super country, lousy management, just about the worst. If you want to be treated like a dog, then work in Korea. Pushing, shoving, drivers that just ignore traffic rules etc, however if you have cash to spend on holiday, a fantastic place to visit. If you want to work here you have got be a 'killer, fighter person'. Believe me. You will work for a 'fair' salary, but your day will be so long, with so many problems and you will be treated worse than a dog. You have to be the toughest of the toughest to survive in Korea. They may have evolved in technology, but in management and culture they are the 'Pits'. 2nd worst to China. Racism is vast and Blacks or Filipinos are treated like scum. Slave trade and women being forced into prostitution is rife. This is a typical apartment you could be given to live in. The whole group on study here had to admit. Don't trust a Korean business person.

Korean labour (labour) law

1. Ensuring the Quality of Working Conditions

A . Scope of Application

T he Labour Standards Act, which specifies minimum working standards for workers, used to be applied to workplaces with five or more workers, but with the revision of the Enforcement Decree effective on 24 February 1998, the scope was expanded to cover all workplaces from 1 January, l999. However, some provisions relating to labour contract, limitation of dismissal and working hours) are not applied to workplaces employing four workers or less in consideration of economic conditions and administrative capacity.

B . Limitation of Dismissals

 Employers cannot dismiss employees without justifiable cause. If dismissed without justifiable cause, an employee can file for redress to the Labor Relations Commission. Employers may be subject to punishment for any unjustifiable dismissal.

< Legal Provisions concerning Dismissal for Urgent Managerial Reasons >

Article 31 of the Labour Standards Act (Employment Adjustment for Managerial Reasons)

¨ç If an employer intends to dismiss a worker for managerial reasons, there shall be urgent managerial needs. Business transfers, acquisitions, or mergers to prevent the deterioration of business shall be deemed urgent managerial needs.

¨è In the case of paragraph ¨ç, an employer shall make every effort to avoid dismissing workers and establish rational and fair standards for dismissal and select workers to be dismissed according to these standards. In such cases, there shall be no gender-based dismissals.

¨é In regard to methods for avoiding dismissal and criteria for dismissal in accordance with the provisions of paragraph ¨è, an employer shall, 60 days prior to the day of dismissal, notify and sincerely consult with either a trade union formed with the consent of the majority of workers in the business or workplace concerned, or, if such a trade union does not exist, a person representing the majority of workers (hereinafter referred to as a "workers' representative").

¨ê When an employer intends to dismiss more than a certain number of workers under the conditions stipulated in paragraph ¨ç, he or she shall report it to the Minister of Labor as determined by Presidential Decree.

¨ë In cases where an employer has dismissed workers in accordance with the requirements as stipulated in paragraphs ¨ç to ¨é, it shall be deemed that the dismissal concerned is made based on the justifiable reasons in accordance with paragraph ¨ç of Article 30.

Article 31-2 (Preferential Re-employment, etc.)
¨ç When an employer who dismissed workers under Article 31 intends to recruit workers within 2 year from the day of dismissal, he/she shall make efforts to rehire workers dismissed under Article 31 if such workers desire, taking into account of the previous position, etc, of such workers.

¨è The government shall give priority to necessary measures such as securing livelihood, reemployment and vocational training, etc., for workers dismissed under Article 31.

I f an employer wants to dismiss his/her workers for managerial reasons, the employer should meet strict conditions and procedures. First of all, the employer should have urgent managerial reasons, make every effort to avoid such dismissal, select those to be dismissed by rational and fair standards, and sincerely consult with a trade union or workers' representatives in advance.

Even when an employer dismisses his/her workers for justifiable reasons, the employer must notify the concerned workers of dismissal at least 30 days in advance. Otherwise, the employers should pay the workers 30 days or more of ordinary wages.

C . Wage and Retirement Pay

I n principle, employees shall be paid their full wage on a specified day each month. If an employee demands wages in an emergency situation, such as childbirth, sickness, accident, etc., wages corresponding to the amount of work offered shall be paid even before payday.

I f a worker has worked for more than one year, the worker shall be given severance pay in the amount of at least 30-day average wages for each year of service. Severance pay, in principle, should be paid after resignation. However, should an employee request, he or she may receive, in advance, severance pay corresponding to their years of service to date.
¡Ø Mutual Retirement Aid for Construction Workers

D ue to their daily worker status, workers who engaged in the construction business had not received retirement pay. In order to provide retirement pay to construction workers, the Government introduced ¡¸the Act on Improvement of Employment Conditions for Construction Workers¡¹on 1 January 1998.
S ince it is difficult to practically secure wage claims due to the inability of firms to pay overdue wages, the Government enacted the Wage Claim Guarantee Act to help workers lead a stable life while easing their anxiety about wages in arrears. This Act has been implemented since 1 July, 1998.
E mployers can also insure their workers through Retirement Insurance so that their employees will be able to receive a pension upon retirement.

D . Working Hours

W working hours, excluding break-time, shall not exceed legal working hours. In the case of overtime work agreed upon by the concerned parties, 50% of the ordinary wage shall be paid additionally for such overtime work. The overtime can not exceed 12 hours per week.

< Legal Working Hours in Korea >


I f the flexible working hour system is adopted, through either an employment rule or a written agreement with workers' representatives, working hours can be lengthened. For instance, during a given two-week period, it is possible to extend the working hours of a specific week up to 48 hours without providing additional pay, as long as the weekly average is 44 hours.

O n a monthly basis, working hours for a specific week and a specific day can be extended up to 56 hours and 12 hours, respectively, under a written agreement between labour and management, as long as the weekly average does not exceed 44 hours. As a reference, the average weekly working hours for Korean workers had declined moderately since the 1997 economic crisis, but the trend was reversed, bringing the figure up to 47.9 hours in 1999 and 47.0 hours in 2001.

E . Holiday & Vacation

 


I f the flexible working hours system is adopted, through either an employment rule or a written agreement with a workers' representative, working hours can be extended. For instance, during a given two week period, it is possible to extend the working hours of a specific week up to 48 hours, as long as the weekly average is 44 hours. On a monthly basis, working hours for a specific week and a specific day can be extended up to 56 hours and 12 hours, respectively, as long as the weekly average is 44 hours, through a written agreement between labour and management.

A s a reference, the average weekly working hours for Korean workers had declined moderately since 1997 economic crisis, but reversed to increase to 47.9 hours in 1999.

F . Protection of Part-time Workers

P art-time workers are defined as those whose weekly working hours are not as long as those of permanent workers. Their working conditions are guaranteed in proportion to the working hours of ordinary workers.


G . Labor Inspectors System

The Labor Inspector System was established to guarantee legal standards for working conditions and to enforce the labour standards system. Labor inspectors carry out various duties to protect employees' working conditions.

Duties of Labor Inspectors


¢Â Enforcing the legal provisions relating to working conditions and protection for workers

¢Â Monitoring and Inspecting workplaces to ensure that labour standards are observed

¢Â Various permission, certification and approval

¢Â Receiving, examining and managing various reports such as employment rules

H . Minimum Wage System

T he Minimum Wage Act, which aims to stabilize the livelihood of low-income earners and narrow the wage gap, has been in force since 1988. In 1988, the Minimum Wage System applied only to manufacturing enterprises with ten or more regular employees. In 1989, the system began to cover manufacturing, construction, and mining enterprises with ten or more regular employees. Since 1990, the system has applied to all enterprises employing ten or more regular employees. The coverage of the Act was extended to workplaces with 5 employees or more in September 1999, and further extended to all workplaces on 24 Nov. 2000.

T he Government sets and announces the minimum wage by August 5 every year, and the minimum wage applies from Sept. 1 of the year to the Aug. 31 of the following year. The minimum wage applicable from 1 September 2002 to 31 August 2003 is 2,275 won per hour (18,200 won for a standard 8-hour day). Workers who are under the age of 18 can receive Present Status of the Minimum Wage 90%(hourly rate of 2,048 won) of the minimum wage for the first six months of employment. Thus, workers under 18 are entitled to full minimum wage when their employment period exceeds 6 months.


2. Workers' Welfare System

A . Workers' Housing

To provide housing for low income earners, the Workers' Housing System was introduced



in 1990. There are two kinds of houses provided for workers : houses sold directly to workers by housing developers and houses rented to workers from their employers. The supply of workers' housing was confined to employees in the manufacturing industry in 1990, but later expanded to cover employees in transport, construction and other industries.
Since 1994, the Government's Workers' Housing System has been making special housing loans to enable workers to purchase or rent houses. Beneficiaries are those who earn 30 million won or less per year and do not own houses, and the maximum loan amount per house is 60 million won for both purchasing and rent. The interest rate is 3-5% lower than the market interest rates. Between 1994 and 2001 approximately 5 trillion won of loans were provided to 276,934 people.

B . Expansion of Welfare Facilities

 The Government is establishing general welfare centres in major cities nationwide with a view to supporting workers' sound leisure and cultural activities, and ensuring their conveniences of life. The centres as large as 3300§³, are equipped with exercise facilities, educational facilities, and meeting rooms. Between 1992 and 2002, 34 welfare centres were established and have since then been in operation in main cities around the country.

To provide employees with leisure and sports facilities at a reasonable price, two sports and recreation centres were built and have been operated. To cater to workers' increasing demand for leisure, the Government has purchased 583 condominium memberships so as to enable small- and medium-sized companies' workers and their families to use those facilities at a low price.

C . Employee Welfare Fund System

The Employee Welfare Fund Act has been in force since 1992. The Employee Welfare Fund System requires employers to contribute part of their profits to an investment fund for workers' welfare projects. Each year, a business creates a fund by contributing the amounts determined through discussions with a workers' representative, based on 5% of net profits before taxation. Half of the earnings and contributions are used to provide workers' housing loans, scholarships, expenses for congratulations and condolences, etc. As of December 2001, 897 companies participated in this program, with the total fund amounts of 3.8794 trillion won. D. Scholarships for Workers' Children

T he Government created a scholarship fund for employees in small- and medium-sized businesses and their children in order to increase their educational opportunities and ease the burden of educational expenses. As of Oct. 2002, the scholarship fund amounted to approximately 38.3 billion won, and 24.7 billion won was granted to about 31,008 people.

E . Livelihood Protection Loans

T o minimize difficulties facing low income earners, the Government extends loans at a low interest rate to support workers' medical, wedding and funeral expenses, and living costs of those with wages in arrears. Loans of up to 7 million won per person are provided(5 million won for living costs). If a person applies for two programs, they are eligible for up to 15 million won in loans. As of Oct. 2002, 121.8 billion won of loans in total were provided to 32,773 people.

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Last modified: May 31, 2008.   Galas Highway, Dipolog / Cagayan de Oro     (63) 0921 499 0971