Korean Job Discussion Forums

[Daphilia]

It will be a year on March 1st since I left Korea after completing a 1 year contract with a Hawgwon. I will be signing another contract this month with a public school to return to the same city, Mokpo. I was told by the director of the Hawgwon that I taught at a year ago, that I could not come back to Mokpo to teach at another school due to a clause in the contract. It states that,

"the teacher can not make employment contract with any other school or institute located in or nearby Mokpo City after termination or cancellation of this contract period."

Does he have the right to restrict me from working at a public school in Mokpo a year later?

[The_Conservative]

Short answer no he doesn't

Long answer: If however he does find out he may be able to cause some hassle for you. Just don't let him know and you should be fine,

[Juregen]

Such clauses are not necessarily legal. Don't quote me on that.

I know that such clauses exist with people who have specific and intricate knowledge on certain products, to keep them from selling "property", but stopping you from working in a specified area is weird and I cannot see a reason to substantiate such a clause within a contract.


But first he has to find out that you actually are working in said area, and then he has to go to court, which can be a very long and extended and costly affair.

[roknroll]

absolute nonsense

[Rumple]

[expat2001]

[valkerie]

The part of your contract u quoted sounds like the clause is intended for those leaving early or being fired. (regardless of the legal aspect I can see why someon wd add it in these cases). But otherwise it seems a bizarre thing to say.

[ChopChaeJoe]

Are you hosing us or do really belive there may be an issue here?

[Kimchieluver]

In common law, that clause is only valid if it will hurt the contractor's business some way. For example, a dentist may not be able to quit and start his own practice within 10 miles/kilometers from his original place of business. It also has to do with trade secrets. Anyways, since you are not endangering the wanja's business by working in a public school, under common law you don't have to care. But this is Korea sparkling and who knows. I highly doubt that your former director could ever enforce this and also, I think Kimmi and the Ministry of Ed trump him/her.

[Ya-ta Boy]

Now that people have stated the irrelevant laws in the West, does anyone know what the relevant laws are in Korea?

[Kimchieluver]

[CentralCali]

It's in their Constitution. You have a right to work. Furthermore, the Constitution requires all laws, rules, regulations, etc. relating to employment to guarantee your dignity.

Getting all that actually in place is the question.

[Temporary]

[plus99]

[DrunkenMaster]

Morons. All of you.