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VanGuy
Joined: 01 May 2005
Location: South Korea
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 Posted: Sun May 22, 2005 2:54 pm Post subject: Contract in Korean vs English |
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Am just after some advice...
Have seen my contract in English and am very happy with it. I have been told that when I arrive in Korea I have to sign a Korean version otherwise the contract is not legal.
How do I know that the Korean version is an exact replica of the English version? Is this normal practice? What would you recommend? |
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some waygug-in
Joined: 25 Jan 2003
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| Posted: Sun May 22, 2005 3:05 pm Post subject: |
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I've never had to do that, although I have heard of it before. I don't know how legal it is.
Your best bet is to check out the things to look out for sections of this site:
www.efl-law.com
I seem to recall reading something about that there.
cheers |
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Wangja
Joined: 17 May 2004
Location: Seoul, Yongsan
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| Posted: Sun May 22, 2005 3:10 pm Post subject: Re: Contract in Korean vs English |
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| VanGuy wrote: |
Am just after some advice...
Have seen my contract in English and am very happy with it. I have been told that when I arrive in Korea I have to sign a Korean version otherwise the contract is not legal.
How do I know that the Korean version is an exact replica of the English version? Is this normal practice? What would you recommend? |
There is nothing illegal about a contract in English in Korea. the only point is that if you have to resort to the courts, the relevant parts will need to be translated. By the time things get to that point, both sides have already lost. |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Sun May 22, 2005 3:12 pm Post subject: |
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| Well, I know my contracts have generally had a clause saying that the Korean one is legally binding and that the employer is sworn to make sure that the two are the same. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Sun May 22, 2005 3:59 pm Post subject: |
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Only sign the contract that you understand. Who knows what changes they could put in?
Stick with the English version! |
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Captain Corea
Joined: 28 Feb 2005
Location: Seoul
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| Posted: Sun May 22, 2005 5:11 pm Post subject: |
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| Grotto wrote: |
Only sign the contract that you understand. Who knows what changes they could put in?
Stick with the English version! |
Agreed, I have NEVER had to sign a Korean version. It may be legit, but it sounds a little shady. |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sun May 22, 2005 6:18 pm Post subject: |
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I agree with what everybody else has said. The way it works is that if there is ONLY an English language contract, then it is legally binding. However, if there is both an English language and a Korean language contract, then the Korean language contract is binding and the English language contract should be used as toilet paper.
Actually, I would go farther than what the other posters said. I would back out of the job and make an arrangement with a different school. |
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the eye
Joined: 29 Jan 2004
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| Posted: Sun May 22, 2005 6:39 pm Post subject: Re: Contract in Korean vs English |
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| Wangja wrote: |
| There is nothing illegal about a contract in English in Korea. the only point is that if you have to resort to the courts, the relevant parts will need to be translated. By the time things get to that point, both sides have already lost. |
true.
immigration usually requests a contract in english and korean...some offices require 2 signed documents.
the english one is legally binding in the courts. |
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VanGuy
Joined: 01 May 2005
Location: South Korea
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| Posted: Sun May 22, 2005 6:40 pm Post subject: |
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Wow! I didn't realise that this was such an unusual request. The recruiter stated it was usual practice. Am so glad I asked for everyones advice.
Hmm...not sure what to do. I really like everything else about this position.
Should I just inform them now that I won't be signing the Korean version? Should I wait til I get there and inform them that I won't be signing the Korean version? Or should I get a copy of the Korean version sent to me and translated in the mean time to ensure it is exactly the same?
I understand what you mean about just walking away from the position, but everthing else is looking just great and I don't want to miss out on this one... |
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the eye
Joined: 29 Jan 2004
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| Posted: Sun May 22, 2005 6:41 pm Post subject: |
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| prosodic wrote: |
I agree with what everybody else has said. The way it works is that if there is ONLY an English language contract, then it is legally binding. However, if there is both an English language and a Korean language contract, then the Korean language contract is binding and the English language contract should be used as toilet paper.
Actually, I would go farther than what the other posters said. I would back out of the job and make an arrangement with a different school. |
rubbish.
the english contract is legally binding even if a korean contract exists.
i used mine in small claims court last year even though there was a korean copy. my lawyer translated the english one to make sure it was the same as the korean contract...he said if the two were different, the english one would be used.
it's simple, you are not korean, therefore you cannot be expected to understand, or agree to, a legally binding korean document |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sun May 22, 2005 11:08 pm Post subject: |
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| the eye wrote: |
rubbish.
the english contract is legally binding even if a korean contract exists.
i used mine in small claims court last year even though there was a korean copy. my lawyer translated the english one to make sure it was the same as the korean contract...he said if the two were different, the english one would be used.
it's simple, you are not korean, therefore you cannot be expected to understand, or agree to, a legally binding korean document |
Hi Eye, I'm glad it worked out for you that way. I just know that I haven't had a Korean language contract and EFL Law.com states that the courts go by the Korean language version if both exist:
| efl-law.com wrote: |
| Then do check the Korean version mirrors the English version - for example, the EPIK Korean contract has significant differences to the English version - and it is the Korean version that the courts will follow. |
http://www.efl-law.com/contracts.html
You might want to let the efl-law guy know about your case, but I hear that he's so overwhelmed that he might not have time to read any emails.
Just out of curiousity, why did you get a lawyer? Small claims court doesn't require one. |
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the eye
Joined: 29 Jan 2004
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| Posted: Mon May 23, 2005 12:20 am Post subject: |
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i'm starting to realize how murky legal matters can be here. not only as my experience differs from EFL-Law's statement, but consider the following example.
i read on the EFL-law forum that first time drug offenders in korea, caught with small possession are standardly sentenced to a fine and deportation. the 'law guy' discussed the subject over lunch with some seould district judges.
they also stated that guilty offenders are to be detained until deportation, which is usually a week
however, i personaly know of 2 individuals prosecuted for possession here, and their fate differs greatly from what was suggested on EFL law.
one guy (caught with a small amount) received 12 weeks, fined 3,000,000won, and deported.
another guy, caught dealing in a restaurant (he was being tailed), spent only 2 weeks in jail.
both plead guilty.
i'm lucky to have a friend here who is a lawyer. i would have never even attempted to sue if it weren't for his prompting....and considering how slimy my old employer was, i probably would have lost if i were on my own. |
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pegpig
Joined: 10 May 2005
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| Posted: Mon May 23, 2005 4:55 am Post subject: Re: Contract in Korean vs English |
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| the eye wrote: |
immigration usually requests a contract in english and korean...some offices require 2 signed documents.
the english one is legally binding in the courts. |
I've signed 6 contracts in Korea. 5 if you only count the ones that I actually took to immigration. I guess you can't really count the one where the 18 backed out literally on the day I was to start.  FT Union
I have never heard any mention of signing a Korean contract either from the recruiter, the boss, or immigration.
My advice is to flat-out say "no" to a Korean language contract. Someone else said the same, but sometimes someone has to hear it a few times to believe it. |
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VanGuy
Joined: 01 May 2005
Location: South Korea
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| Posted: Mon May 23, 2005 4:20 pm Post subject: |
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Thanks for the advice guys. Do you think it would be easy for me to take the Korean version and have it interpreted somewhere to ensure its exactly the same as the English version? I want to protect myself, but I want to keep the school happy too.
Also, another question while everyone is being so helpful....my contract also does not state when I am to be paid....monthly? fortnightly? I was told monthly on the phone, but shouldn't the contract state this specifically with what day of the month as well? |
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VanGuy
Joined: 01 May 2005
Location: South Korea
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| Posted: Mon May 23, 2005 4:29 pm Post subject: |
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| Actually don't worry about answering that. I just looked at the EFL Law website again and read that it should in fact state the exact monthly payment date. I guess thats another point to bring up with the recruiter... |
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