Korean Job Discussion Forums

Loza · Joined: 28 May 2006

My friend wants to move from her hagwon to a nearby public school position. But her hagwon contract says if she leaves, before 1 year is up she can be sued for not completing the contract. This sounds crazy! Surely all she would have to pay back is her airfare, nothing else?

Any advice is much appreciated. BTW she is a gyopo, so perhaps easier for her to break a contract and move to a new one?

Thanks guys. Smile

spliff · Joined: 19 Jan 2004 Location: Khon Kaen, Thailand

Does the contract not have a provision for giving notice?

Loza · Joined: 28 May 2006

I'll ask her. I'd be shocked if there is no provision.

Ramen · Joined: 15 Apr 2008

Yes, you can be sued by anyone at any time for any reason.

But prevailing the case and collecting money is a long dragged out process so it's not worth a bother.

mountainous · Joined: 04 Sep 2007 Location: Los Angeles

..or a provision that allows the hakwon to recover the expense incurred for finding a teacher

Try to work out a deal with the hakwon, perhaps offer to help find a replacement.

ED209 · Joined: 17 Oct 2006

bassexpander · Joined: 13 Sep 2007 Location: Someplace you'd rather be.

Personally, I'd give one month notice, or whatever is required in the contract, and just leave. I'd rather go home for 6 months than continue to work for an employer who is trying to screw with my life.

In the meantime, if they outright fire her out of anger, she can claim 1 months pay for being fired (at the labor board) and may not have to deal with any release at all.

Yu_Bum_suk · Joined: 25 Dec 2004

Your friend will still have to get her current visa cancelled if she wants a different job before her year is up. I would think that would be a far greater worry.

valkerie · Joined: 02 Mar 2007 Location: Busan

So what's the difference between the teaxher cancelling their visa (at airport) and the school cancelling it?

I am trying to explain to someone that self cancellation, quick trip to (say) Japan, then returning as a tourist until new E2 secured won't work but I can't remember the specifics. (presuming in this case that the teacher is leaving early without a release letter).

Sody · Joined: 14 May 2006

valkerie · Joined: 02 Mar 2007 Location: Busan

Yes, E2.

It is possible to ask for your visa to be cancelled though, right?

What I am trying to tell her is that even if u do that you have to wait out until the official finish date to start another E2.

big_blue_21 · Joined: 02 Nov 2005

huh, weird--I had my visa cancelled by my school, we went all the way to immigration in Mok-dong and I had like 10 days to get out of the country (I had given notice to my school).

Second time I left my job, my school didn't care about getting it canceled and yeah, since it was multiple entry the airport people didn't cancel it. They did take my ARC. I don't know if there'd be problems getting back into the country without it--I guess not since you can always come in on the tourist visa, but I wonder if the E-2 would be vaild if you didn't have an ARC . . . As far as I know, teachers who just went on vacation did not have their ARC's taken at the airport, or at least I never heard mention of them having to go to Mok-dong to get new ones . . .

gosia · Joined: 10 Jan 2006

If she has an E2 visa, and if she does NOT have multiple entry, then it will be cancelled at the airport. She just has to tell them that she has no plans to come back (Plans can change, of course).

I worked in a Hagwon and extended my visa for another year, but forgot to extend my multiple entry status. When I came back from vacation, I was informed that by leaving Korea, I had cancelled my visa. I had to go to Japan and do the whole visa process all over again.

So it really depends on her entry status...

GoldMember · Joined: 24 Oct 2006

Some people here are just clueless.

valkerie · Joined: 02 Mar 2007 Location: Busan

I think the thing that she can't seem to understand is that by cancelling her visa on exit (having finished job early but with no release letter), is that it is not easy to simply reapply UNTIL the original term of that cancelled visa has expired.

Example: you are hired in April on a 1 year E2, give proper notice in June, leave July (cancelling existing visa and HAVE NO RELEASE LETTER), go to Japan and return as tourist (or go home), apply for another job here and want a new E2 for a start date of (say) August.

My understanding is that u can't get a new E2 until the follwing April. But I can't find the exact information on this. Being able to make someone understand the risks of trying to get a new visa with no release letter from the old job may save someone I know from making a big mistake.