All Korean Air and Asiana Airlines Pilots
Join Date: Aug 2006
Location: wyoming
Posts: 252
Likes: 0
Received 0 Likes
on
0 Posts
I'm already steps ahead of your advice. We have already retained legal counsel and have assembled a few people who are financially able to contribute into the fund. I was not seeking advice, if you read my post, nor did I come here to vent my complaints. My original post was to try to band together to force these airlines to pay what is legally due to us. But clearly some people just want to lay down and take it in the arse with the heads in the ground without fighting for what they are legally entitled!
What you think is legally due and what the airlines think are two vastly separate entities. I hope for the best for you but paying 20k in attorney fees to try and gain back 2 months salary is only making your attorneys rich. Besides at some point KAL and Asiana are likely to require the services of Expat pilots in the long future. Having your attorney negotiate an acceptable settlement to just your group might be the best path forward before you exhaust any potential 2 months of salary in rapidly escalating attorney fees if this goes to a full Court trial. Good luck and keep us posted.
Join Date: Jul 2007
Location: Perpetually Commuting
Posts: 295
Likes: 0
Received 0 Likes
on
0 Posts
lee_apromise;
The ministry's interpretation of the Article 24 is:
"Article 24 states that the employer must try to avoid termination of the employment however should the need to terminate the employment arise, there should be a fair standard and process of employment termination and choose the employees to be terminated based on the fair due process. However, if the employer forces unpaid leave upon employees to save as many jobs as possible, ultimately this is for the benefit of employees. The forced unpaid leave may only be allowed if there was a severe economic hardships of the business enterprise. The forced unpaid leave may only be awarded upon those who are chosen to be terminated based on fair and reasonable process and methods."
Thanks, this explains everything. Unfortunately it is not like that.
Western superiority?!?! I will not answer to that. I lived half of my life in foreign countries and always adapted nicely with local culture. What I can say is that amongst majority of nice and cultured people I’ve met, there is always a bunch of idiots thinking that foreigners are evil and stealing jobs from locals......
The ministry's interpretation of the Article 24 is:
"Article 24 states that the employer must try to avoid termination of the employment however should the need to terminate the employment arise, there should be a fair standard and process of employment termination and choose the employees to be terminated based on the fair due process. However, if the employer forces unpaid leave upon employees to save as many jobs as possible, ultimately this is for the benefit of employees. The forced unpaid leave may only be allowed if there was a severe economic hardships of the business enterprise. The forced unpaid leave may only be awarded upon those who are chosen to be terminated based on fair and reasonable process and methods."
Thanks, this explains everything. Unfortunately it is not like that.
Western superiority?!?! I will not answer to that. I lived half of my life in foreign countries and always adapted nicely with local culture. What I can say is that amongst majority of nice and cultured people I’ve met, there is always a bunch of idiots thinking that foreigners are evil and stealing jobs from locals......
I am totally not defending the airline management in Korea, we all know how Cho and Park families treat their employees.
And lets get this fact right. Asiana did get an investor. Hyundai HDC. Was the deal finalized? No. Hyundai HDC informed the creditors and KDB that it wants to start the negotiation from the scratch. Insiders and news reports are saying Hyundai HDC is trying to get out of this deal even by paying the penalty. If this deal doesn’t go through, Kumho is going to collapse as well. Now if Hyundai HDC goes through the deal with the previously agreed price, Hyundai HDC will be sued by its shareholders for the breach of duty because Kumho Asiana Group did not disclose the full debt it carries to Hyundai HDC. What did you expect from Korean conglomerates?
So you guys can argue about getting unpaid leave not specified in the contract. Locals don’t have unpaid leave specified in the contract either. The labor law and the case law clearly states that in case of Force Majuere, unpaid leave is allowed if they were chosen to be terminated anyway.
I wonder how the court or the labor tribunal will think about your case when Asiana is taking unpaid leave from all employees and didn't transfer the employee contribution of national health insurance and national pension system to each respective organization. Sounds familiar? This is what happened to EastarJet employees before the company shutdown.
Last edited by lee_apromise; 22nd Jun 2020 at 18:19.
Join Date: Jan 2006
Location: San Diego
Posts: 56
Likes: 0
Received 0 Likes
on
0 Posts
This just came across my desk...
US Federal law, but interesting discussion.
https://federalbarcle.org/product/yo...-covid-19-era/
US Federal law, but interesting discussion.
https://federalbarcle.org/product/yo...-covid-19-era/
Join Date: Jan 2015
Location: neverland
Posts: 20
Likes: 0
Received 0 Likes
on
0 Posts
Then why did you make a comment of my English skills? You certainly presume locals have worse English skills than yours.
I am totally not defending the airline management in Korea, we all know how Cho and Park families treat their employees.
And lets get this fact right. Asiana did get an investor. Hyundai HDC. Was the deal finalized? No. Hyundai HDC informed the creditors and KDB that it wants to start the negotiation from the scratch. Insiders and news reports are saying Hyundai HDC is trying to get out of this deal even by paying the penalty. If this deal doesn’t go through, Kumho is going to collapse as well. Now if Hyundai HDC goes through the deal with the previously agreed price, Hyundai HDC will be sued by its shareholders for the breach of duty because Kumho Asiana Group did not disclose the full debt it carries to Hyundai HDC. What did you expect from Korean conglomerates?
So you guys can argue about getting unpaid leave not specified in the contract. Locals don’t have unpaid leave specified in the contract either. The labor law and the case law clearly states that in case of Force Majuere, unpaid leave is allowed if they were chosen to be terminated anyway.
I wonder how the court or the labor tribunal will think about your case when Asiana is taking unpaid leave from all employees and didn't transfer the employee contribution of national health insurance and national pension system to each respective organization. Sounds familiar? This is what happened to EastarJet employees before the company shutdown.
I am totally not defending the airline management in Korea, we all know how Cho and Park families treat their employees.
And lets get this fact right. Asiana did get an investor. Hyundai HDC. Was the deal finalized? No. Hyundai HDC informed the creditors and KDB that it wants to start the negotiation from the scratch. Insiders and news reports are saying Hyundai HDC is trying to get out of this deal even by paying the penalty. If this deal doesn’t go through, Kumho is going to collapse as well. Now if Hyundai HDC goes through the deal with the previously agreed price, Hyundai HDC will be sued by its shareholders for the breach of duty because Kumho Asiana Group did not disclose the full debt it carries to Hyundai HDC. What did you expect from Korean conglomerates?
So you guys can argue about getting unpaid leave not specified in the contract. Locals don’t have unpaid leave specified in the contract either. The labor law and the case law clearly states that in case of Force Majuere, unpaid leave is allowed if they were chosen to be terminated anyway.
I wonder how the court or the labor tribunal will think about your case when Asiana is taking unpaid leave from all employees and didn't transfer the employee contribution of national health insurance and national pension system to each respective organization. Sounds familiar? This is what happened to EastarJet employees before the company shutdown.
I also notice that you have no clue on legal matters except being good in cut and paste, so discussion end here.
enjoy your autolands in windshear.....
Join Date: Jul 2007
Location: Perpetually Commuting
Posts: 295
Likes: 0
Received 0 Likes
on
0 Posts
Yeah i don't work in Korea. And as if you hold a law degree. Enjoy your cocky western attitude while it lasts.
Talking about someone posting common law Force Majuere case whilst not knowing Korea is a civil law jurisdiction. Jeez, get some more knowledge old man.
Your comment "enjoy autolands in windshear" definitely tells you about your attitude towards locals.
Last edited by lee_apromise; 28th Jun 2020 at 20:07.
Join Date: Jan 2015
Location: neverland
Posts: 20
Likes: 0
Received 0 Likes
on
0 Posts
LOL, right comment on your English lol.
Yeah i don't work in Korea. And as if you hold a law degree. Enjoy your cocky western attitude while it lasts.
Talking about someone posting common law Force Majuere case whilst not knowing Korea is a civil law jurisdiction. Jeez, get some more knowledge old man.
Your comment "enjoy autolands in windshear" definitely tells you about your attitude towards locals.
Yeah i don't work in Korea. And as if you hold a law degree. Enjoy your cocky western attitude while it lasts.
Talking about someone posting common law Force Majuere case whilst not knowing Korea is a civil law jurisdiction. Jeez, get some more knowledge old man.
Your comment "enjoy autolands in windshear" definitely tells you about your attitude towards locals.
you are nothing but a freaking troll......
Join Date: Jul 2007
Location: Perpetually Commuting
Posts: 295
Likes: 0
Received 0 Likes
on
0 Posts
That's the best you can do right? Branding some as a troll without doing a proper rebuttal? I'm the one who feel sorry for you, ignorant uninformed expat without actual proper information pretending to be an legal expert.
I suggest you get better attitudes towards locals. Your attitude stinks.
Join Date: Sep 2008
Location: end of earth
Posts: 33
Likes: 0
Received 0 Likes
on
0 Posts
Good luck trying to get your word in with Korean courts. It’s a very pro-business, anti-labor country. It’s a country where even murder is pretty much forgiven if you were under the influence of alcohol, to give you an idea. (little more complicated, but you get the idea) But Korean food is delicious!! Situation isn’t much better across the pond.
