| View previous topic :: View next topic |
| Author |
Message |
princess
Joined: 16 Jan 2003
Location: soul of Asia
|
 Posted: Fri Aug 04, 2006 3:58 pm Post subject: |
 |
|
| Really, the contract is NOT binding even after both parties have signed...IF the school changes their mind about hiring you. This has happened to me and others on this board. It's binding AFTER the visa is secured. |
|
| Back to top |
|
 |
Kimchieluver
Joined: 02 Mar 2005
|
| Posted: Fri Aug 04, 2006 5:45 pm Post subject: |
|
|
| I have to go with princess and grotto on this one. I know several foriegners and hogwan owners backing out at the last minute. Once you have the E2 stamp though, there is no turning back. |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Sat Aug 05, 2006 7:25 am Post subject: |
|
|
Contracts are binding when they are signed. The fact that one or the other party backs out in some cases does NOT negate the fact that the contract is binding. It means that the injured party (the one that didn't back out) can pursue the party in breach for damages. Since the damages are usually small, and especially small in relation to the time and monetary cost of pursuing legal action, generally the party in breach escapes without penalty. Such is life.
As for Kimchieluver's comments: I've known employers and employees who have backed out AFTER getting the E2 visa in the employee's passport. The same rule applies. The injured party can sue for damages, but usually doesn't. |
|
| Back to top |
|
|
PaperTiger
Joined: 31 May 2005
Location: Ulaanbataar
|
| Posted: Sun Aug 06, 2006 1:20 pm Post subject: |
|
|
Yes, in perfect world people would and should honor contracts and communism would be practiced in a fair in equitable way that cause agrarian utopias to spring up everyhwhere.
Most people don't honor contracts here, THAT is the standard. Expect anything more and you will be let down...seriously, the element of suprise will just mitigate your ability to deal properly when you've found you've been decieved. |
|
| Back to top |
|
|
chronicpride
Joined: 16 Jan 2003
|
| Posted: Sun Aug 06, 2006 1:36 pm Post subject: |
|
|
| ontheway wrote: |
Contracts are binding when they are signed. The fact that one or the other party backs out in some cases does NOT negate the fact that the contract is binding. It means that the injured party (the one that didn't back out) can pursue the party in breach for damages. Since the damages are usually small, and especially small in relation to the time and monetary cost of pursuing legal action, generally the party in breach escapes without penalty. Such is life.
As for Kimchieluver's comments: I've known employers and employees who have backed out AFTER getting the E2 visa in the employee's passport. The same rule applies. The injured party can sue for damages, but usually doesn't. |
This is true. It's easy to assume that the contract isn't binding, because teachers almost never get sued for breach. It's a waste of time and money to try to go after someone who can step on a plane within an hour. Add this to the fact that Koreans generally prefer to settle disputes outside of court.
Technically and historically, a Korean contract is not supposed to be binding without 도장 red stamps (or your thumbprint in red ink) and a witness from a lawyer or 법무사. But lawyers these days will usually tell you that this is becoming relaxed and the two signatures are acceptable.
| Hotpants wrote: |
A contract can be legally binding wherever any agreement is made by 2 parties whether verbally or in writing.
|
This is also true, as well as one can provide even fax or email transcripts such as "Do you agree to these terms?" "Yes", but these are tougher to contest as standalone evidence. They're usually used to supplement other circumstantial evidence.
Having said that, what's important here is not what is technically binding. It's at what point can you not easily back out, if you change your mind and want to go with another employer. In this business, that would mean having your documents processed and visa code issue, but no E2 stamp as of yet. You'd have to wait 90 days for that to elapse, before applying for an E2 elsewhere. Or if you get the E2 visa stamp, it becomes more complicated. Pursue the LOR or run and not come back for a year.
If you signed a contract and/or have been issued a visa and have completely changed your mind and are not coming to Korea, then you don't have much to worry about. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
