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Derrek
Joined: 15 Jan 2003
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Posted: Sun Apr 24, 2005 5:54 pm Post subject: What the US Gov't says about Koreans and contracts |
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I found this piece very truthful:
"Foreign instructors in Korea occasionally have contract disputes with their employers. Many have observed that in the Korean context, a contract appears to simply be a rough working agreement, subject to change depending on the circumstances. Many Koreans do not view deviations from a contract as a breach of contract, and few Koreans would consider taking an employer to court over a contract dispute.
Instead, Koreans tend to view contracts as always being flexible and subject to further negotiation. Culturally, the written contract is not the real contract; the unwritten, oral agreement that one has with one's employer is the real contract. However, many employers will view a contract violation by a foreign worker as serious, and will renege on verbal promises if they feel they can. Any contract should be signed with these factors in mind. "
Link: http://usembassy.state.gov/seoul/wwwh3550.html |
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hellofaniceguy

Joined: 10 Jan 2003 Location: On your computer screen!
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Posted: Sun Apr 24, 2005 8:14 pm Post subject: deleted |
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deleted
Last edited by hellofaniceguy on Mon Apr 25, 2005 1:01 am; edited 2 times in total |
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hellofaniceguy

Joined: 10 Jan 2003 Location: On your computer screen!
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Posted: Sun Apr 24, 2005 8:19 pm Post subject: |
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For starters...this is not a flame or trolling post...just the facts...as I see them.
Why do you think it is so hard for koreans to attract foreign investment, develope the international free city, etc...one way is......because of korean contracts. It's ok for koreans to not honor them..... but fire the foreigner who does not follow it. Great logic koreans. Really great.
When you have groups of teachers, not to mention foreign businesses from ALL OVER the world..... coming to the same conclusions and having the same problems in korea with koreans...it is NOT the foreigners.
Gesh...a simple thing such as a bad hakwon owner can really screw up trying to have a great experience in korea...imagine what it must be like for the multi million/nillion dollar foreign businesses and their contracts with koreans, korean suppliers, workers, etc. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Sun Apr 24, 2005 8:48 pm Post subject: |
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Koreans are their own worst enemies.
The idea of reciprocity is entirely lacking from Korean business practices.
But who are the real fools?
The Koreans for treating us like dogs, or us for expecting the Koreans not to treat us like dogs?
It seems there will always be more dogs ready and willing to give Korea a go. So as long as that continues, nothing will ever change.
Cheers |
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mindmetoo
Joined: 02 Feb 2004
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Posted: Sun Apr 24, 2005 9:34 pm Post subject: |
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hellofaniceguy wrote: |
Why do you think it is so hard for koreans to attract foreign investment, develope the international free city, etc...one way is......because of korean contracts. It's ok for koreans to not honor them..... but fire the foreigner who does not follow it. Great logic koreans. Really great. |
Is this the case? Red tape and government regulation is a barrier to foreign investment but is the Incheon free trade zone project in serious trouble? I've never read any survey or article that cites contract law as a weak point in doing business in Korea. I don't think contracts signed by multinationals are considered so much paper by either party. I would gather they are enforceable in a court of (Korean) law.
What's true in the hagwon industry isn't true for the investment climate in Korea. |
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dogbert

Joined: 29 Jan 2003 Location: Killbox 90210
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Posted: Sun Apr 24, 2005 9:39 pm Post subject: |
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These hagwon contracts are nothing more than d.i.y. agreements with varying degrees of validity and can't be compared to actual contracts that are used in connection with foreign investment, etc. |
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crazylemongirl

Joined: 23 Mar 2003 Location: almost there...
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Posted: Sun Apr 24, 2005 9:52 pm Post subject: |
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l had a discussion with my minder about contracts. She said that our regional education office said that they must always stick to contract as that's what westerners like.
I told her that's not actually true. A contract is a bare bones agreement but often we will change if it's not to our distadvantage and willingly change if it's to our advantage. IE. I'll work more hours for more money/vacation time. And we'll happily stay at home when there are days when we don't have to do anything. But the point is I shouldn't be any worse off from my original agreement after any changes. Problem is that because of the heirachical nature of stuff here, it doesn't actually enter their frame of mind that westerners view employment as symbiotic rather than dominate versus submissive. |
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Real Reality
Joined: 10 Jan 2003 Location: Seoul
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Posted: Mon Apr 25, 2005 12:04 am Post subject: |
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Nature of Contracts in Korea
Most Koreans do not view deviations from a contract as a "breach," and few Koreans would consider taking an employer to court over a contract dispute. Instead, Koreans tend to view contracts as infinitely flexible and subject to further negotiation. Furthermore, the written contract is not the real contract; rather, the unwritten, oral agreement with an employer is the real contract. You should bear these factors in mind when you sign a contract.
Teaching English in Korea - Consular Affairs, Canadian Embassy
http://www.voyage.gc.ca/main/pubs/korea-en.asp#Contracts
CONTRACTS
Culturally, the written contract is not the real contract; the unwritten, oral agreement that one has with one's employer is the real contract.
Teaching English in Korea, A Guide Complied by American Citizen Services, U.S. Embassy, Seoul
http://seoul.usembassy.gov/wwwh3550.html#contracts
Employment
You should be aware that complaints are frequently received from British nationals teaching English.... There have also been complaints of breach of contract, confiscation of passports, and of payment being withheld. Check that all terms and conditions of employment are clearly stated before accepting an offer and signing a contract. However, written contracts are not necessarily considered binding documents and verbal agreements often take precedence.
British Embassy, Seoul Travel Advice
http://www.britishembassy.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1093348575239
Most Foreign Firms Find Korea Less Than Friendly
Cho Hyeong-rae, Chosun Ilbo (April 24, 2005)
http://english.chosun.com/w21data/html/news/200504/200504240010.html
Verbal Job Offer not a Contract, Court Rules
A verbal promise of employment without specifying position or salary is not a binding contract, the Incheon District Court has ruled. The woman, identified by her last name Lim, trusted a verbal promise by N's CEO and quit her job before she received an official job offer from the company.
Chosun Ilbo (April 4, 2005)
http://english.chosun.com/w21data/html/news/200504/200504040033.html |
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gypsyfish
Joined: 17 Jan 2003 Location: Seoul
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Posted: Mon Apr 25, 2005 4:16 am Post subject: |
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Maybe I've been around here too long, and I'm not casting aspersions, but this is old news. I guess it might be good for a newbie to read, so maybe it should be posted as a stickie, but I find it hard to believe that teachers who have dried the area behind their ears find this surprising or shocking. |
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Derrek
Joined: 15 Jan 2003
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Posted: Mon Apr 25, 2005 5:37 am Post subject: |
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True, it's nothing new.
I did find the updates they made to the US Embassy site quite useful. They are on that link. They used to just include the warning and some basics, but they've added a lot in the past year or so. |
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