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Dukey77777
Joined: 28 Jun 2007
Location: Chungcheongbuk-do
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 Posted: Tue Mar 11, 2008 8:22 am Post subject: Need some help with a small contract dispute |
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Hey all, I was hoping to find someone that spoke fluent Korean and English - I'm having a bit of a contract dispute with my school right now. I was willing to let some things slide in return for some other benefits, but now they want to hold me to my contract, so I'm doing the same (I made some changes before I came to Korea to protect myself, and now they're finally reading them, 6 months in).
Anyway, the "waegook-handler" (as Yu Bum Suk so eloquently put it) is a bit confused with the following contract language that I added to the contract - and if he claims he doesn't understand it, then he will enact the clause that states he can just follow the Korean version - my only mistake and the only out that they have. The school and I are not really at odds....but I'm not receiving the money I should be, because they didn't read/understand my changes.
Any help is greatly appreciated...I'm a beginner at speaking Korean and if I tried to directly translate with a dictionary, I'm sure it would be wrong. Thanks so much. If you have a COSTCO membership, I'll buy you a box of cookies.
1. Party B shall provide the two weeks' training class during each vacation, summer and winter vacation, paid at an hourly rate equal to overtime (30,000 Won/hour).
--He doesn't understand that this is not actually overtime...it's just equal to the amount of money I would get if overtime was being paid.
2. Party A shall pay (1,850,000) won in Korean currency after taxes are withheld as the deferred monthly salary to Party B. |
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Mi Yum mi
Joined: 28 Jan 2008
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| Posted: Tue Mar 11, 2008 9:02 am Post subject: |
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| If they put it in the contract in English then they have to follow it. English trumps Korean in these contracts cause both parties are supposed to be able to read and understand it. |
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Dukey77777
Joined: 28 Jun 2007
Location: Chungcheongbuk-do
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| Posted: Tue Mar 11, 2008 9:21 am Post subject: |
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| Mi Yum mi wrote: |
| If they put it in the contract in English then they have to follow it. English trumps Korean in these contracts cause both parties are supposed to be able to read and understand it. |
I wish I could believe this 100%, but I didn't realize at the time that this clause could come back to haunt me:
2) This Agreement shall be made of the Languages in Korean and English in duplicate, and its priority of interpretation shall be placed on Korean. |
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faeriehazel
Joined: 04 Mar 2008
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| Posted: Tue Mar 11, 2008 9:47 am Post subject: Re: Need some help with a small contract dispute |
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| Dukey77777 wrote: |
1. Party B shall provide the two weeks' training class during each vacation, summer and winter vacation, paid at an hourly rate equal to overtime (30,000 Won/hour).
--He doesn't understand that this is not actually overtime...it's just equal to the amount of money I would get if overtime was being paid.
2. Party A shall pay (1,850,000) won in Korean currency after taxes are withheld as the deferred monthly salary to Party B. |
overtime = 초과 근무 수당, so it'd be something like 초과 근무 수당(시급 3만원)과 동일한 수당을 지급
withholding taxes = 원천 징수, so 원천 징수 후에 would probably be the wording you're looking for.
(Disclaimer - I am not familiar at all with Korean contract language, so the wording might be a bit awkward, but they should still be able to understand what you mean.) |
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Dukey77777
Joined: 28 Jun 2007
Location: Chungcheongbuk-do
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| Posted: Tue Mar 11, 2008 9:52 am Post subject: |
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Thanks faerie....I really appreciate it. If you want some COSTCO cookies let me know.  |
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faeriehazel
Joined: 04 Mar 2008
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| Posted: Tue Mar 11, 2008 3:36 pm Post subject: |
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| No worries. I'm not even in Seoul at the moment. Let me know if you need any further help. |
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aarontendo
Joined: 08 Feb 2006
Location: Daegu-ish
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| Posted: Tue Mar 11, 2008 5:41 pm Post subject: |
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| Yeah the public school job contracts always say that the governing law of the contract is Korean as well. I mean in all fairness I suppose they Korean contract could read as vastly different from the English one and many of us wouldn't know! |
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Tue Mar 11, 2008 8:29 pm Post subject: |
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"If they put it in the contract in English then they have to follow it. English trumps Korean in these contracts cause both parties are supposed to be able to read and understand it."
No, they don't. This is not an English speaking country. Contracts are translated to English for our convenience. The Korean version is the one that would stand up in court.
EDIT: the the... |
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