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What happens if I break my contract?

 
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afsjesse



Joined: 23 Sep 2007
Location: Kickin' it in 'Kato town.

PostPosted: Sun May 25, 2008 7:44 pm    Post subject: What happens if I break my contract? Reply with quote

OK, so my contract states that if I break it at all, I have to pay back recruiter fees, visa trip to Japan, and airfare. Now I've heard the law is that I dont have to do that if I stay more than 6 months of it which I have already done. So my question is do I have a legal footing to say I don't owe my hakwon this money since the law is above the contract?
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Cerriowen



Joined: 03 Jun 2006
Location: Pocheon

PostPosted: Sun May 25, 2008 7:47 pm    Post subject: Re: What happens if I break my contract? Reply with quote

afsjesse wrote:
OK, so my contract states that if I break it at all, I have to pay back recruiter fees, visa trip to Japan, and airfare. Now I've heard the law is that I dont have to do that if I stay more than 6 months of it which I have already done. So my question is do I have a legal footing to say I don't owe my hakwon this money since the law is above the contract?


Are you staying in Korea? If you're leaving, who cares?

*Usually* what happens is that you owe them your flight cost and recruiter cost if you break before 6 months. After that, you're earning your return flight cost. I don't know if it's the law, or the custom though Sad
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VanIslander



Joined: 18 Aug 2003
Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!

PostPosted: Sun May 25, 2008 7:48 pm    Post subject: Reply with quote

You will die.
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Otherside



Joined: 06 Sep 2007

PostPosted: Sun May 25, 2008 7:51 pm    Post subject: Reply with quote

Sure...
Though in reality it's gonna go down like this. You will give a month's notice, boss will make your life hell for a month, at the end he will say you owe him "X", you will say no, he will then take it out of your paycheck (as in you won't get paid that month) and he won't give you a LOR. You could go to labour and fight this, but its time consuming, they are pretty toothless at enforcing their judgements and you will be unemployed (and staying here illegally).

Realistically you have two options.
1. Stick it out, you are already over the hump, so its gonna get easier... month 11 and 12 will get interesting but if all works well, you will have your return flight and severence to look forward to. Also, if you choose to stay in Korea you can start afresh.

2. Wait till you get paid and get the F@#$ out. If you have had it with Korea, no worries. If you are keen to come back, you will have to wait till your visa expires - take a long vacation, catch up with family and friends, work at burger king..
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun May 25, 2008 8:06 pm    Post subject: Re: What happens if I break my contract? Reply with quote

afsjesse wrote:
OK, so my contract states that if I break it at all, I have to pay back recruiter fees, visa trip to Japan, and airfare. Now I've heard the law is that I dont have to do that if I stay more than 6 months of it which I have already done. So my question is do I have a legal footing to say I don't owe my hakwon this money since the law is above the contract?


There is NOTHING IN LABOR LAW to protect you from having to repay these fees if you quit early.

It is strictly a contractual matter.
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