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eIn07912
Joined: 06 Dec 2008
Location: seoul
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 Posted: Wed Jun 10, 2009 1:14 am Post subject: Legally Binding Language |
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ok. semi-important question.
my contract is written in both korean and english (as pretty much everyone else)
the english portion states we have to work the summer camp.
the korean portion states we have to work the summer and winter camp.
the person who wrote the contract (or at least copy and pasted it, says this was a mistake and forgot to take out that part - as they never have and wont be telling the native staff to work winter camp)
some have said korean is the binding portion. others have said the english is binding. the contract does not state which language is or isnt binding.
my question, is it possible i can be forced to work the winter camp? which language is binding if i were to challenge it legally?
i dont need to hear "my friend said" or "i know a guy who" or "this happened once before" blah blah blah.. SHOW ME A LAW. can someone point to a law that says one thing or the other??
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Chambertin
Joined: 07 Jun 2009
Location: Gunsan
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| Posted: Wed Jun 10, 2009 1:18 am Post subject: |
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If the contract has discrepancies then change it to correct them.
I assume you read Korean well enough to just remove winter from the sentence.
I had some minor issues with my contract, made the adjustments, signed sealed, delivered and there no problems whatsoever.
Remember the contract is between you and them, it dosent matter what anyone else says.
edit: spelling |
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eIn07912
Joined: 06 Dec 2008
Location: seoul
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| Posted: Wed Jun 10, 2009 1:21 am Post subject: |
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| Chambertin wrote: |
If the contract has discrepancies then change it to correct them.
I assume you read Korean well enough to just remove winter from the sentence.
I had some minor issues with my contract, made the adjustments, signed sealed, delivered and there no problems whatsoever.
Remember the contract is between you and them, it dosent matter what anyone else says.
edit: spelling |
thing is, i was handed my contract and told to sign it 5 minutes later. so that has me thinking i might be getting screwed with my pants on here.
so theres that. |
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Chambertin
Joined: 07 Jun 2009
Location: Gunsan
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| Posted: Wed Jun 10, 2009 1:35 am Post subject: |
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Yeah forget that. If you cant make adjustments to a contract for long term employment, or hell short term its odd.
"Dont worry about that" dosent hold water in any language.
My money is on the Korean being legally binding, the English is just for your convience. Thats why I made sure to sign my contract with no Korean on it. |
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winterfall
Joined: 21 May 2009
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| Posted: Wed Jun 10, 2009 11:53 am Post subject: |
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If you can reasonably claim that you didn't understand the Korean one and it has a discrepancy that's not listed on the English one. The English one is superior and the Korean one is not legally binding.
If you have an email from your recruiter or interviewer that said both copies are the same. Then carefully save that in case you have to go to court. The misrepresentation will automatically void the Korean one. |
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The Bobster
Joined: 15 Jan 2003
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| Posted: Wed Jun 10, 2009 12:44 pm Post subject: |
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| winterfall wrote: |
| If you can reasonably claim that you didn't understand the Korean one and it has a discrepancy that's not listed on the English one. The English one is superior and the Korean one is not legally binding. |
Haha. That is probably true in the UK or America or Oz of Kiwiland, or wherever we came from. We ain't there, though.
| Quote: |
| If you have an email from your recruiter or interviewer that said both copies are the same. Then carefully save that in case you have to go to court. The misrepresentation will automatically void the Korean one. |
Where do you get this stuff? Recruiters have no standing in contract disputes. That's why we don't trust them 100%, unless we are fools. Ninety percent of the tie, the recruiter had NO IDEA of the wording of the contract you'll be asked to sign.
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| i was handed my contract and told to sign it 5 minutes later |
Someone already said it. It seems you understand Korean well enough to spot the words winter and summer when you see the written words. If this is true, then you are someone the rest of us should be calling to ask advice from ...
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