Korean Job Discussion Forums

[therandom9]

My situation is slightly complicated, so let me give the relevant details, then ask my question.

1. My contract does not have any provisions for terminating the contract in terms of notice that must be given.

2. I provide my own housing, and did not receive airfare.

3. I do not teach English, but I do work at a hagwon on an E2.

4. If I quit, it would not be great for my company's business. They cannot quickly replace me, and a lot of the marketing is done using my name.

So my question is this: what is my exposure in a civil lawsuit if I leave early? Is it the case that I could be sued for broadly damaging the company, or do employees have broad rights to leave at will?

[Gorf]

You are an at-will employee, and if there are no provisions in the contract, then you can quit as soon as you would like. You're not a slave and labor laws here side with the employee. It's their decision to market with your name.

[therandom9]

Right that is how I would expect things to work in the US. I guess I was wondering if there was anything weird in Korea.

So civil lawsuits would come up here if my contract had a notice provision and I did not follow it?

[YTMND]

Is there a reason why you would be in a non-English teaching job as the norm here and not want to give a 30 day notice?

Since you are too worried about this, I get the impression you found a higher paying offer and they want you to start immediately.

Let's get the full story. What exactly is your situation. Right now we are working with insufficient data.

Also, if you did just get up and leave, then you would only be out the 30 days that they would need a replacement.

If this does go to court you have 2 ways to argue:

1. If they get a replacement within a month, then they are only out time until they got a replacement.

2. If they get a replacement after 2 months, you are definitely not responsible for the second month.

So, you could bring it up to them that you want another job, but then they still have to give you a letter of release. Are you then planning on getting all new documents and re-entering? Again, what are the details?

[young_clinton]

You can't squeeze blood out of a Waygook turnip (not that you're a turnip). The answer is no, there is no risk.

[ttompatz]

IF you are an "EMPLOYEE" (as defined by the labor act) then labor law clearly defines a "labor contract" and also clearly states that you are free to quit at any time without worry of civil liabilities (other than repayment of acknowledged debt to the business) provided you do nothing overt to damage the business reputation (you can quit but you can't picket and say the boss is a cheater).

You cannot be forced by any means (including coercion or threats of civil liability) to work against your will.

Even if you were sued they would NOT win.

As a contractor and not an employee (under the legal definition of the term) you are bound by the terms of your contract.

.

[therandom9]

YTMND - I do intend to switch to another company, but that company is a US company. I simply want to leave Korea open as an option in the future, since I may want to work in the education industry here again. So time is not a big factor. I will probabaly stay here through the summer.

Ttompatz, your answer is very helpful. I am pretty sure I would be classified as an employee, but I will reread the relevant law.

[therandom9]

Quick followup:one of my friends asked the Ministry of Labor a similar question awhile back, and received the following in response-

[YTMND]

[therandom9]

That is absolutely true. However I was not asking about immi. I was asking about getting sued in Korea for breach of contract. I would obviously not like to come back to the country and have a large financial penalty facing me.

[Wildbore]

[YTMND]

[therandom9]

[YTMND]

[therandom9]

It is much easier to work something out if you know your exact legal position in advance.