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Quack Addict

Joined: 31 Mar 2008 Location: Seoul
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Posted: Thu Jan 20, 2011 4:10 pm Post subject: School says I have to pay up. I say rubbish! |
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I'm leaving my English Center next month to take a private school job. The lease on my apartment runs until the end of April. The school told me at first I would have to pay 300k penalty for breaking the lease. I said no problem.
Now they say I have to pay the rent in full (by myself) for the two months I won't be living there. They want me to pay 800k a month and said it's the "LAW" I have to pay.
I need some help on this one. Where can I check this out? Thanks. |
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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Thu Jan 20, 2011 4:21 pm Post subject: |
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while this is probably a losing battle for you, see if you can't fill the lease on your own. I, too, had an apartment contract that was different than my work contract so when i wanted to change apartments they said no problem as long as someone else will rent the apartment, or else you will be responsible for the time between rentals -- if that makes sense. good luck |
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oldfatfarang
Joined: 19 May 2005 Location: On the road to somewhere.
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Posted: Thu Jan 20, 2011 4:21 pm Post subject: |
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Try the Foreigner Help Centre in Seoul.
Good luck. |
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Quack Addict

Joined: 31 Mar 2008 Location: Seoul
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Posted: Thu Jan 20, 2011 4:27 pm Post subject: |
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Missihippi wrote: |
while this is probably a losing battle for you, see if you can't fill the lease on your own. I, too, had an apartment contract that was different than my work contract so when i wanted to change apartments they said no problem as long as someone else will rent the apartment, or else you will be responsible for the time between rentals -- if that makes sense. good luck |
This is not my contract. It's the schools contract. I'm just a hired gun who was given a place to live while I taught. If this indeed a law then it's terrible. This is totally slanted toward landlords. |
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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Thu Jan 20, 2011 4:35 pm Post subject: |
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Yeah, that's what i mean.. it was the schools contract and it didn't coincide with my own. They just don't want to deal with it, if you live in a desirable location than it shouldn't be that hard to fill your lease. |
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CentralCali
Joined: 17 May 2007
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Posted: Thu Jan 20, 2011 5:20 pm Post subject: Re: School says I have to pay up. I say rubbish! |
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Quack Addict wrote: |
I'm leaving my English Center next month to take a private school job. |
Do what's best for you. If leaving the current job for a better one is best, go for it.
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The lease on my apartment runs until the end of April. |
It's not your lease. The lease is between the landlord and the school.
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The school told me at first I would have to pay 300k penalty for breaking the lease. |
They're mistaken. You're not breaking the lease as it's not your lease. I'd also mention that if my pay is short even one won, I'd have no problem whatsoever with going to the Labor Board regarding the issue.
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I said no problem. |
BIG mistake! If they try to take that money anyway, you'd have a very good case at the Labor Board for either unpaid wages or an illegal punitive clause in the contract. Of course, the latter one would apply only if there is such a clause in your employment contract. Your explanation of the situation indicates there is no such clause.
Also, to avoid fake charges for damages, ensure that you schedule an inspection with the landlord (or his agent), someone from your school, a Korean-speaking friend, and you to check everything. For the utilities, have the charges computed at that time and get a written receipt for what you pay.
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Now they say I have to pay the rent in full (by myself) for the two months I won't be living there. |
They're fools.
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They want me to pay 800k a month and said it's the "LAW" I have to pay. |
If it is, in fact, the law, then they will have no problem at all providing you written proof from a government agency of the applicable law.
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I need some help on this one. Where can I check this out? |
I echo OFF's suggestion about the Help Center. If this English Center is a public school job with you as an actual employee of the Provinicial/Metropolitan Office of Education, you can skip the Help Center and take the issue up the chain of supervision. For those who don't know, the chain is:
- Supervising Co-teacher (aka "Foreigner Handler")
- Department Head
- Vice-Principal
- Principal
- School Inspector at the Regional/Area Office of Education
- Coordinator of Foreign Teachers at the Provincial/Metropolitan Office of Education
- Superintendent of Education for your province or metropolitan city
Personally, I'd just laugh in their face and tell them that finding someone to (a) replace me at the English Center and (b) reside in the apartment is not my problem.
Last edited by CentralCali on Thu Jan 20, 2011 5:36 pm; edited 2 times in total |
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Hootsmon
Joined: 22 Jan 2008
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Posted: Thu Jan 20, 2011 5:28 pm Post subject: |
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To repeat what has been said above, if you didn't sign the contract for the apartment then the landlord won't expect you to pay anything. He'll expect your school to pay for it.
However, if your school still owes you money (such as any remaining salary or severance pay) and they believe you should be paying for the apartment, they'll just take the money from your pay without waiting for you to say yes. You can try and fight it, but it will be very tough.
I'd firstly try and sort out something with the school directly, like when you agreed to pay the fee (again something you shouldn't have to pay as it's not your contract, but it was a nice gesture of faith). Obviously, paying full rent might be a bit much as you won't be living there.
I'm guessing you're leaving your work contract early to take this new job? This puts you in a weak position. A few years ago I left a hagwon job early to get into a uni and despite leaving my contract only a month or so early, I still ended up losing out on almost 4 mil of cash from imaginary "apartment damages", both my airfares and no severance pay. Check your work contract small print carefully...mine was a lesson in naivety.
If your contract has come to an end then they don't have a leg to stand on. Either way, I'd also speak to that Help Centre. They can probably be more help than anyone on here (with the exception of Ttompatz perhaps!) |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Thu Jan 20, 2011 5:38 pm Post subject: |
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The school told me at first I would have to pay 300k penalty for breaking the lease. |
It's not your lease, not your problem. You only need to give up the 300k if it is stated that way in your contract.
Korea decided to have a system where you pay a huge security deposit. Let them deal with it. If they don't pay, call 1345.
When I called 1345 about other issues in the past their response was, "Well, as long as they are paying we can't do much for you." |
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le-paul

Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Thu Jan 20, 2011 6:57 pm Post subject: |
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koreans work on a system where if you want to break a lease early, its your responsibility to find someone to take it over. The next person would then give you the deposit for the appartment, sign their name on the lease at the housing office and then start the rent payments.
Again reiterating what everyone else has said, if your name isnt on it - by law, its not your problem (unless the school want to give you the deposit back...?). |
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jrwhite82

Joined: 22 May 2010
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Posted: Thu Jan 20, 2011 7:44 pm Post subject: |
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I don't see how they can force you to pay rent for an apartment that is not in your name and you are not living in.
Check your contract. Did you agree to pay rent if you quit early?
I don't know what the sub-letting laws are in Korea, but this situation stinks of BS.
If they do force you to pay for it and it is in fact legal. Tell them you will stay there as long as is required from your contract or until they have a new teacher move in. (That will tie up their key money) Then have your new school just give you 400-500 a month until you move into an apartment of their chosing when your obligation to stay in your current apartment is over. That will at least lessen the financial blow. Then when you move out, hide a nice little note somewhere for the new teacher to call you, so you can tell them how much of a jerk their new boss is.
Or, if it is possible, try to have your new school take over the lease of your current apartment. That way, you won't even have to move. Your current school gets out of the lease and gets their key money back. Your new school doens't have to waste time finding a place for you. But I would avoid having your old employer meet with your new one, in fear of having them bad mouth you. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Fri Jan 21, 2011 2:08 pm Post subject: |
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Were you paying "rent" before you decided to leave?
If so, Why?
Most contracts in K provide free housing, not all though.
If you weren't paying rent before, how could they justify their claim now?
Smells of rotten fishy to me. |
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Quack Addict

Joined: 31 Mar 2008 Location: Seoul
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Posted: Sat Jan 22, 2011 1:42 am Post subject: |
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some waygug-in wrote: |
Were you paying "rent" before you decided to leave?
If so, Why?
Most contracts in K provide free housing, not all though.
If you weren't paying rent before, how could they justify their claim now?
Smells of rotten fishy to me. |
They only offered me a officetel when I took the job. I have a wife and kid so I needed a 2 bedroom. They paid most of the rent but I had to pay 200k a month over the price of an officetel.
I contacted the Labor board and they told me that I don't have to pay anything. I'm still confused as to what "Law" my school is referring to that would force me to pay the entire rent for 2 months.
I will have a meeting with my landlord tonight and tell him what's up. Hopefully he can get some new tenants in here by March 1st so there won't be any vacancy. That should make all parties involved happy. |
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CentralCali
Joined: 17 May 2007
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Posted: Sat Jan 22, 2011 1:52 am Post subject: |
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Quack Addict wrote: |
They only offered me a officetel when I took the job. I have a wife and kid so I needed a 2 bedroom. They paid most of the rent but I had to pay 200k a month over the price of an officetel. |
In other words, the school rented an apartment for you and charged you rent. What you should've done (yes, I know this is hindsight) is take the housing allowance in lieu of provided accomodations. The size of the place is up to the school if they are providing the place.
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I contacted the Labor board and they told me that I don't have to pay anything. |
Correct. You owe nothing. Since you are paying the school instead of the landlord, there's no accountabilty for the funds you're paying out of pocket now. Essentially, you've been bilked--or possibly bilked--from the get-go.
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I'm still confused as to what "Law" my school is referring to that would force me to pay the entire rent for 2 months. |
What's confusing? Either there is a law (doubtful) in which case the school can immediately furnish you proof of such or there is not a law (quite likely) in which case there is no proof forthcoming and the school is full of malarkey.
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I will have a meeting with my landlord tonight and tell him what's up. |
I most strongly urge you not to do this. This is not your problem. Having a meeting with the landlord will make it your problem and it will not be just one problem.
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Hopefully he can get some new tenants in here by March 1st so there won't be any vacancy. |
Again, not your problem. Do not make it your problem. This is between the school and the landlord. Remember that after you leave, the school's going to hire someone else. Care to guess where they're going to lodge the new person? In your old accomodations!
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That should make all parties involved happy. |
All parties, except for one party, will be quite pleased if you make any of this your problem. Another rhetorical query: Who do you think that one displeased party will be?
Seriously, friend. DO NOT MAKE ANY OF THIS YOUR PROBLEM!
Last edited by CentralCali on Sat Jan 22, 2011 6:36 am; edited 4 times in total |
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sojusucks

Joined: 31 May 2008
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Posted: Sat Jan 22, 2011 5:20 am Post subject: |
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There probably are some foreign teachers out there who would pay just "because someone said so." It's because of weak fools that schools try manuvers like this one. OP, don't pay anything, don't sign anything, and if they take money from your pay take them to Labor. |
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lifeinkorea
Joined: 24 Jan 2009 Location: somewhere in China
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Posted: Sat Jan 22, 2011 8:55 am Post subject: |
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Then pay money you owe. |
He doesn't owe. |
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