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shifty
Joined: 21 Jun 2004
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Posted: Sat Apr 30, 2005 8:48 pm Post subject: Are recruiters obliged to refund? |
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The teacher I replaced did only 2 months of a year's contract.
Is his recruiter legally obliged to refund a pro rata amount? |
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Gord

Joined: 25 Feb 2003
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Posted: Sat Apr 30, 2005 8:57 pm Post subject: |
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Only if that was a condition of the contract between the recruiter and the school/director. |
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shifty
Joined: 21 Jun 2004
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Posted: Sun May 01, 2005 12:39 am Post subject: |
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Thanks for your reply. Doesn't Korean civil law incorporate a concept such as unjust enrichment?
What if the teacher took flight immediately after the fee was paid? |
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Homer Guest
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Posted: Sun May 01, 2005 4:33 am Post subject: |
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Quote: |
What if the teacher took flight immediately after the fee was paid? |
Then, usually the recruiter either has to refund the fee or the director gets shafted out of his money and becomes less accomodating to other foreign teachers (always a pleasant consequence of retard behavior). |
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canuckistan Mod Team


Joined: 17 Jun 2003 Location: Training future GS competitors.....
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Posted: Sun May 01, 2005 4:50 am Post subject: |
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The first year I worked in Korea, I was told that if I left the school before 6 months of my contract was finished, I'd have to refund whatever balance was left of the recruiter's fee to my school. |
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kangnamdragon

Joined: 17 Jan 2003 Location: Kangnam, Seoul, Korea
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Posted: Sun May 01, 2005 6:35 am Post subject: |
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It's usually the school's fault if a teacher leaves, not the recruiter. |
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shifty
Joined: 21 Jun 2004
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Posted: Sun May 01, 2005 3:54 pm Post subject: |
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Kangnam, in this case the teacher's mother was in a parlous state back home, owing to a divorce. |
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Gord

Joined: 25 Feb 2003
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Posted: Sun May 01, 2005 4:08 pm Post subject: |
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shifty wrote: |
Thanks for your reply. Doesn't Korean civil law incorporate a concept such as unjust enrichment?
What if the teacher took flight immediately after the fee was paid? |
The school would have to demonstrate that it's reasonable a person, after looking at the available evidence, would conclude that it's more likely than not that the recruiter knew that the person would not complete the contract regardless of the school's actions. |
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