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Protecting myself...
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allnitedj72



Joined: 09 Mar 2003
Location: Salt Lake City, UT

PostPosted: Mon Mar 17, 2003 1:06 pm    Post subject: Protecting myself... Reply with quote

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

PostPosted: Mon Mar 17, 2003 4:51 pm    Post subject: Reply with quote

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

PostPosted: Mon Mar 17, 2003 9:13 pm    Post subject: weird Reply with quote

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

PostPosted: Tue Mar 18, 2003 7:12 pm    Post subject: Reply with quote

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

PostPosted: Wed May 19, 2004 9:22 am    Post subject: Reply with quote

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

Smile

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!

PostPosted: Wed May 19, 2004 5:00 pm    Post subject: Reply with quote

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

PostPosted: Wed May 19, 2004 5:08 pm    Post subject: Reply with quote

[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!

PostPosted: Wed May 19, 2004 5:28 pm    Post subject: Reply with quote

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

PostPosted: Wed May 19, 2004 6:09 pm    Post subject: Reply with quote

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

PostPosted: Thu May 20, 2004 1:46 am    Post subject: Reply with quote

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

PostPosted: Thu May 20, 2004 1:50 am    Post subject: Reply with quote

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 Wink
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Thu May 20, 2004 1:50 am    Post subject: Reply with quote

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

PostPosted: Sun May 23, 2004 10:39 pm    Post subject: Reply with quote

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.

PostPosted: Fri Jun 04, 2004 7:49 pm    Post subject: Reply with quote

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.

PostPosted: Sat Jun 05, 2004 11:53 am    Post subject: Reply with quote

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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