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allnitedj72
Joined: 09 Mar 2003 Location: Salt Lake City, UT
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Posted: Mon Mar 17, 2003 1:06 pm Post subject: Protecting myself... |
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Ok, I saw a post in the Job related forum that brought up a question or something like it. Hehehe.
When I start dealing with a contract can I ask for a Korean version of the contract as well? I have some friends here who speak/read/write Korean and they said they would be willing to check to make sure both contracts (the English and the Korean) are pretty much the same.
Do you think this would help protect me from getting screwed?
Any input would be helpful. |
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Circus Monkey
Joined: 10 Jan 2003 Location: In my coconut tree
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Posted: Mon Mar 17, 2003 4:51 pm Post subject: |
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Sounds like a good idea to me. Usually the Korean version of the contract is the one that is left at Immigration.
CM |
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The Great Wall of Whiner
Joined: 24 Jan 2003 Location: Middle Land
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Posted: Mon Mar 17, 2003 9:13 pm Post subject: weird |
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Every job I had in Korea, I never saw the Korean version, nor did I ever sign the Korean version.
I know that the boss signs an agreement with the government, but that's about it. |
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MrTESL
Joined: 17 Mar 2003 Location: Canada
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Posted: Tue Mar 18, 2003 7:12 pm Post subject: |
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You could try it.
It's probably more of a semantic excercise than any protection from "getting screwed." If they screw you it won't be on any obscure legal loophole that will reveal itself on translation. It'll be a blatant, broad-daylight kind of screw. |
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butter808fly
Joined: 09 May 2004 Location: Northern California, USA
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Posted: Wed May 19, 2004 9:22 am Post subject: |
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Hi. Its funny nobody really brings up this topic it seems, so glad to find it here. I read here: http://travel.state.gov/english_in_korea.html that "only the Korean-language version of the contract is legally binding in Korea" See under heading title: BASIC FEATURES OF MOST TEACHING CONTRACTS
I might be a bit scared after reading the many horror stories on the net, but I plan to succeed while arming myself with knowledge first. |
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VanIslander
Joined: 18 Aug 2003 Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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Posted: Wed May 19, 2004 5:00 pm Post subject: |
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What you verbally agree with your employer is more important.
Instead of relying on the security of an exactly-worded contract, develop a good relationship with your director, and you'll probably be fine.
Generate any form of suspicion or other relationship problem, and you could have some problems.
In any event, waving your contract around, or going to court, isn't so wise in this less lawyer-happy country.
Put another way, as long as there is a clear understanding between my director and I about what my basic needs are (like my pay) then I don't worry about the details of something that probably won't help me much anyways. |
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butter808fly
Joined: 09 May 2004 Location: Northern California, USA
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Posted: Wed May 19, 2004 5:08 pm Post subject: |
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[quote="VanIslander"]
Instead of relying on the security of an exactly-worded contract, develop a good relationship with your director, and you'll probably be fine.
quote]
Yes, I guess thats a good point Van. Not that Id tell them, but who really wants to go to court and all that jazz! Though pretending the intent Im sure helps, Im certainly not sue happy. I just want my contract upheld. I want my money and what is agreed upon.
Im certainly learning from the way people seem to have delt with their directors. Im a calm and nice person so hope that helps out, though sometimes ppl like to push me over. I have to hold my ground. So, I agree that like in any employment situation its the actual relationships that are most important.
I hope to do some research before I leave, but curious what youd do? So, you have a good relationship with your director and he decides to not pay overtime to you (something reoccuring here).. how would you approach the subject? You DO have to point out that its his legal obligation afterall. Or maybe you are saying to verbally speak of this before signing? |
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VanIslander
Joined: 18 Aug 2003 Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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Posted: Wed May 19, 2004 5:28 pm Post subject: |
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butter808fly wrote: |
...sometimes ppl like to push me over. I have to hold my ground. |
Think of it as more of a dance. Digging in for a fight and making self-assertions is an American tendency you'd do well to temper with a smile and a bow.
butter808fly wrote: |
You DO have to point out that its his legal obligation afterall. Or maybe you are saying to verbally speak of this before signing? |
I would never point out his or her legal obligation. That is an incredible loss of face. I would point out before getting hired that I need to get paid for overtime. If I don't get paid for overtime hours I work, then I would ask why and say I understood I would get paid for it and that I would need it, said gently, clearly, patiently. Again, make it a basic need and don't get morally upset . Your initial reactions of situations may not be appropriate nor wise.
When you start a job you can post any specific questions you may get on the Q&A forum or discuss your options on the job forum. many will jump to help you then. Don't worry. Make the best of it. You should be fine.
Good luck. |
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dogbert
Joined: 29 Jan 2003 Location: Killbox 90210
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Posted: Wed May 19, 2004 6:09 pm Post subject: |
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It is not the case that a Korean-language version of a contract is automatically the only valid version when there are both Korean- and English-language versions of the same contract. However, unless there is a clause in the contract that states which version is controlling (either English or Korean), a Korean court will likely base its ruling on the terms of the Korean contract.
That said, the chance of any hogwon contract dispute actually making it through a Korean lawsuit to a judgment is quite low. |
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Zed
Joined: 20 Jan 2003 Location: Shakedown Street
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Posted: Thu May 20, 2004 1:46 am Post subject: |
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dogbert wrote: |
It is not the case that a Korean-language version of a contract is automatically the only valid version when there are both Korean- and English-language versions of the same contract. However, unless there is a clause in the contract that states which version is controlling (either English or Korean), a Korean court will likely base its ruling on the terms of the Korean contract.
That said, the chance of any hogwon contract dispute actually making it through a Korean lawsuit to a judgment is quite low. |
My contracts have always stated that the English contract is binding. |
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dogbert
Joined: 29 Jan 2003 Location: Killbox 90210
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Posted: Thu May 20, 2004 1:50 am Post subject: |
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Zed wrote: |
dogbert wrote: |
It is not the case that a Korean-language version of a contract is automatically the only valid version when there are both Korean- and English-language versions of the same contract. However, unless there is a clause in the contract that states which version is controlling (either English or Korean), a Korean court will likely base its ruling on the terms of the Korean contract.
That said, the chance of any hogwon contract dispute actually making it through a Korean lawsuit to a judgment is quite low. |
My contracts have always stated that the English contract is binding. |
There you go....if that language is there, the Korean courts will respect it.
Just hope you get a panel of judges who have a good grasp of English |
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kangnamdragon
Joined: 17 Jan 2003 Location: Kangnam, Seoul, Korea
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Posted: Thu May 20, 2004 1:50 am Post subject: |
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Zed wrote: |
My contracts have always stated that the English contract is binding. |
I agree with this. |
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Toby
Joined: 15 Jan 2003 Location: Wedded Bliss
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Posted: Sun May 23, 2004 10:39 pm Post subject: |
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This contract is drawn up and executed in the English and will govern and prevail over any translation into another language. Or words to that effect. |
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phaedrus
Joined: 13 Nov 2003 Location: I'm comin' to get ya.
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Posted: Fri Jun 04, 2004 7:49 pm Post subject: |
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dogbert wrote: |
However, unless there is a clause in the contract that states which version is controlling (either English or Korean), a Korean court will likely base its ruling on the terms of the Korean contract. |
Of course the teacher would have to sign the Korean contract, and why would we unless it was translated clause by clause on the same contract? |
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peppermint
Joined: 13 May 2003 Location: traversing the minefields of caddishness.
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Posted: Sat Jun 05, 2004 11:53 am Post subject: |
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My contract says that the Korean one is binding, but that the school is liable if the English version and the Korean version don't match.
I also noticed that the school made a point of stamping every page with the school seal and having me sign every page, so that neither party could make alterations to the contract without approval. |
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