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jamal0000
Joined: 11 Dec 2010
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 Posted: Mon Dec 27, 2010 2:59 pm Post subject: Is a Korean version of my contract required? Should I sign? |
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| The title says it all. After nit picking and negotiating all the points of my contract in english, I have received a signed copy of it from the hagwon owner in english and korean. Is a korean one required? Could there be any problems caused by this. He asked that I sign both. He signed the english one as well, but I don't speak korean.... |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Dec 27, 2010 4:07 pm Post subject: |
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| Quite often you're get a contract where one paragraph is in English followed by Korean (or vice versa). I've never seen two separate contracts. I wouldn't sign the Korean one if I were you. With the bilingual ones, makes sure that there is a clause in there that says that the English version is the legal one for use in all disputes and that the Korean version is only there for a convenient translation. Otherwise you'll likely end up hearing something like "Oh, sorry. That paragraph must have been translated poorly. Trust me. In the Korean version it says that you've agreed to _______." |
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melirae1976
Joined: 07 Dec 2008
Location: the 'burbs
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| Posted: Mon Dec 27, 2010 4:18 pm Post subject: |
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| I have both English and Korean versions. My English one has a clause that states the Korean version is the one that is the legal one (basically though, the points that matter -salary, housing, airfare, etc.- are easy enough to figure out on the Korean one by looking at the numbers). Maybe it's a little too trusting of me to be OK with this, but at the end of the day I think fighting to make them say the English version is the one that will be looked at in case of a dispute is a battle not worth fighting- we're in Korea, so I can see their point of the Korean language one being the legal version. I think if you don't trust them enough to be OK with the Korean version being the legal one, then you should look for a different position...go with your gut. |
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Morticae
Joined: 06 May 2010
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| Posted: Mon Dec 27, 2010 4:24 pm Post subject: |
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| Good luck if you think you're going to get them to state the English version is the binding contract. I wouldn't agree to that if I were in their shoes. |
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Who's Your Daddy?
Joined: 30 May 2010
Location: Victoria, Canada.
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| Posted: Mon Dec 27, 2010 4:25 pm Post subject: |
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| I think immigration wants a Korean copy. |
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jrwhite82
Joined: 22 May 2010
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| Posted: Mon Dec 27, 2010 6:15 pm Post subject: |
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| You want a clause saying that the English version is the legally binding one. GEPIK contracts have this clause standard. |
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nathanrutledge
Joined: 01 May 2008
Location: Marakesh
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| Posted: Mon Dec 27, 2010 6:57 pm Post subject: |
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| jrwhite82 wrote: |
| You want a clause saying that the English version is the legally binding one. GEPIK contracts have this clause standard. |
If by "English" you mean "Korean," then yes, it does say that.
| Quote: |
2. The Governing language of the contract shall be Korean. The English translation of this Contract is made for
the purpose of convenience. |
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Korussian
Joined: 15 Sep 2007
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| Posted: Mon Dec 27, 2010 9:02 pm Post subject: |
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| jrwhite82 wrote: |
| You want a clause saying that the English version is the legally binding one. GEPIK contracts have this clause standard. |
The Public School contracts (SMOE, GEPIK, EPIK) are written in association with government lawyers, and are therefore not crazy enough to make the governing language anything other than the native language of government lawyers.
In fact, if you find an ESL contract in Korea in which the governing language is explicitly stated to be English, chances are good the whole contract is just for show (for your benefit) and will be ignored anyhow.
- - - - - -
http://searchESLCafe.com | Accurately search ESL Cafe & other K-blogs & K-sites |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Dec 27, 2010 9:08 pm Post subject: |
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Until you've worked with them for a while, you have no idea what kind of employers they are. Maybe very honest. Maybe total jerks. You have no way of knowing. You also don't know how they've altered the meaning in the Korean version in their favor.
Immigration doesn't care what language it's in. The school is the one who drafted the contract, so hopefully they know what it means. You're the only one who needs the clarification, so there's no reason for them to stipulate a Korean language contract.
What is comes right down to is this - Would you sign a document in a language that you don't understand? If so, then go right ahead. |
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jamal0000
Joined: 11 Dec 2010
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| Posted: Mon Dec 27, 2010 9:34 pm Post subject: |
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| Troglodyte wrote: |
Until you've worked with them for a while, you have no idea what kind of employers they are. Maybe very honest. Maybe total jerks. You have no way of knowing. You also don't know how they've altered the meaning in the Korean version in their favor.
Immigration doesn't care what language it's in. The school is the one who drafted the contract, so hopefully they know what it means. You're the only one who needs the clarification, so there's no reason for them to stipulate a Korean language contract.
What is comes right down to is this - Would you sign a document in a language that you don't understand? If so, then go right ahead. |
Ya, I hear ya. It's crazy but I signed it. My perception is that the hagwon owner is relatively honest and there are enough safeguards in place. If anything tricky happens I won't hesitate to yell at him, bail after my paycheck, or file complaints with the labor board |
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