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Doutdes
Joined: 14 Oct 2005
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 Posted: Wed Jun 13, 2007 7:58 am Post subject: Relinquishing the right to sue |
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| Are contracts that state you relinquish the right to sue your employer for anything, even negligence, legally binding in Korea? Or is it simply a tool to intimidate employees or delay and increase the cost of legal action? |
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andrew
Joined: 30 Jan 2003
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| Posted: Wed Jun 13, 2007 2:07 pm Post subject: |
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*****
Last edited by andrew on Tue Oct 23, 2007 12:00 am; edited 1 time in total |
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Col.Brandon
Joined: 09 Aug 2004
Location: Seoul
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| Posted: Wed Jun 13, 2007 3:18 pm Post subject: |
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You cannot sign away any right that is available to you under Korean law.
I'm not sure about this particular aspect but assuming the law normally allows you to sue, your boss cannot protect himself from it by putting it in the contract.
A call to the labor board should sort things out.
In any case, you should reconsider working for someone who needs to put something like that in a contract. Smells bad. There are plenty of jobs out there... be patient and wait around for a good one. |
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cbclark4
Joined: 20 Aug 2006
Location: Masan
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| Posted: Wed Jun 13, 2007 3:46 pm Post subject: |
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Definite "Red Flag" clause.
cbc |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jun 13, 2007 4:35 pm Post subject: Re: Relinquishing the right to sue |
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| Doutdes wrote: |
| Are contracts that state you relinquish the right to sue your employer for anything, even negligence, legally binding in Korea? Or is it simply a tool to intimidate employees or delay and increase the cost of legal action? |
Under Korean labor law you CANNOT contract away your legal rights.
It is an imtimidation tactic and definate red flag.
I wouldn't even consider an employer who had that in the contract.
6000 unfilled jobs per year here. Don't settle for some crap contract. There are lots of decent job opportunities. |
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