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blackjack

Joined: 04 Jan 2006 Location: anyang
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Posted: Tue Mar 30, 2010 5:17 pm Post subject: |
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ttompatz wrote: |
blackjack wrote: |
ttompatz wrote: |
Let's put that part of the clause in context:
Employee shall be responsible for and protect Employer from any liability or damages arising from or in relation to any negligent, faulty, or illegal activity during the Term of Employment under this contract. Therefore, Employee shall agree in written form to provide 300,000 KRW per month to school administration office either on or by eighteenth (1 of every month for the first 3 months of employment until it amounts to a total of 900,000 KRW. Employee who has their own housing arrangement and married couples who are both employed by GPOE shall also be required to provide the deposit to school respectively.
To answer the question, "Is it legal?"
The answer is:
They CANNOT take it without your permission - it would be a violation of the labor standards act.
BUT
IT IS LEGAL - Yes, PROVIDED you agreed in advance of it being done (like by signing the contract)
You agreed and gave permission when you signed. Don't like it, don't sign. There are other employers.
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So if we did something illegal, that 900,000 would go towards our legal fees? |
protect Employer from any liability or damages
No, it would go toward paying for your negligence or towards restitution for your illegal activity.
- you get to pay your own legal expenses. |
back to reading 101 for me |
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southernman
Joined: 15 Jan 2010 Location: On the mainland again
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Posted: Wed Mar 31, 2010 2:42 am Post subject: |
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My EPIK contract I signed last August doesn't have that clause.
Its maybe just a GPEIK thing... I don't know about SMOE
Anyway it sucks... this is really gonna come back and bite them in the future because who would sign such an agreement if they can get a decent job back home.
The recession isn't going to last for ever |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Mar 31, 2010 2:55 am Post subject: |
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southernman wrote: |
My EPIK contract I signed last August doesn't have that clause.
Its maybe just a GPEIK thing... I don't know about SMOE
Anyway it sucks... this is really gonna come back and bite them in the future because who would sign such an agreement if they can get a decent job back home.
The recession isn't going to last for ever |
The clause has been there for years; far longer than the recession and, by-and-large, it hasn't done anything to turn folks away.
Additionally, if you don't trash your apartment, don't cause them financial liability and give notice when you leave you get it all back.
It's not like a hakwon where you can expect to lose it (along with your last month's pay) even if you do give notice when you leave.
It won't change any time soon or because of a shortage of new blood in the system. There will always be wanderers looking for work abroad.
Heck, look at Thailand - $900 per month, no housing or airfare and they still have more applicants than they need.
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Goon-Yang
Joined: 28 May 2009 Location: Duh
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Posted: Wed Mar 31, 2010 4:10 am Post subject: |
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If you sign the contract it's legal. Ask for the 900k+interest at the end of the year. No reason they should make even one won profit off of your pay. |
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hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
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Posted: Wed Mar 31, 2010 6:25 am Post subject: |
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I know I've read on here more than once about teachers who didn't get that money back.
What they got was the run around and an F.U., goodbye from their school.
That clause in the contract was a deal breaker for me every time I was offered a PS position. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Mar 31, 2010 7:09 am Post subject: |
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hagwonnewbie wrote: |
I know I've read on here more than once about teachers who didn't get that money back.
What they got was the run around and an F.U., goodbye from their school.
That clause in the contract was a deal breaker for me every time I was offered a PS position. |
In more than 6 years with the GPOE I have never heard of anyone (1st or 2nd hand) who lost it unless they either trashed their apartment, left LARGE unpaid utility bills or pulled a runner.
and NO, I do NOT work for the GPOE and have no vested interest in it. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Wed Mar 31, 2010 3:44 pm Post subject: |
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hagwonnewbie wrote: |
I know I've read on here more than once about teachers who didn't get that money back.
What they got was the run around and an F.U., goodbye from their school.
That clause in the contract was a deal breaker for me every time I was offered a PS position. |
Problem is that you only get one side of the story. Take stories like that with a giant grain of salt.
See what ttompatz said. |
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hagwonnewbie

Joined: 09 Feb 2007 Location: Asia
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DrugstoreCowgirl
Joined: 08 May 2009 Location: Daegu-where the streets have no name
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Posted: Wed Mar 31, 2010 10:20 pm Post subject: |
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southernman wrote: |
My EPIK contract I signed last August doesn't have that clause.
Its maybe just a GPEIK thing... I don't know about SMOE
Anyway it sucks... this is really gonna come back and bite them in the future because who would sign such an agreement if they can get a decent job back home.
The recession isn't going to last for ever |
Certain EPIK areas had to pay deposit, not all. My friends in Busan and Ulsan didn't have to, but we did in Daegu. |
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AsiaESLbound
Joined: 07 Jan 2010 Location: Truck Stop Missouri
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Posted: Wed Mar 31, 2010 10:58 pm Post subject: |
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CEPIK in Chungnam province charges 900,000 won deposit too. It's a small runner insurance policy as even teachers with their own apartment have to pay up too. |
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Clockout
Joined: 23 Feb 2009
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Posted: Thu Apr 01, 2010 1:57 am Post subject: |
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For people that have renewed at the same school:
Did your school pay back the 900,000 between contracts and then collect it again?
Or did they just keep it and roll it over?
My school just gave me the option. I said keep it. Makes no different right? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Apr 01, 2010 3:21 am Post subject: |
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Clockout wrote: |
For people that have renewed at the same school:
Did your school pay back the 900,000 between contracts and then collect it again?
Or did they just keep it and roll it over?
My school just gave me the option. I said keep it. Makes no different right? |
I just rolled mine over year to year... no worry.
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Thu Apr 01, 2010 4:08 am Post subject: |
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AsiaESLbound wrote: |
CEPIK in Chungnam province charges 900,000 won deposit too. It's a small runner insurance policy as even teachers with their own apartment have to pay up too. |
Must be a school by school policy in Chungnam. I work for CEPIK and there is no such clause in my contract.
The nearest thing is Clause 11(d)
"In case of the termination of the Renewal Contract within the first six months, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer 700,000 Korean Won (KRW) of the 2,000,000 Korean Won (KRW) Renewal Allowance." |
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