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Non-compete agreement from the US

 
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JC VT



Joined: 02 Jul 2009
Location: Seoul

PostPosted: Mon Aug 17, 2009 12:49 pm    Post subject: Non-compete agreement from the US Reply with quote

Hi guys,

I have accepted an SAT teaching position in Gangnam at a local hagwon and am wondering what Korean labor laws look like in regards to non-compete agreements. I used to work for a large test prep company in the US and had signed a contract with a non-compete clause. They do have a branch here in Seoul, but never responded to my email query about employment.

I know that non-compete covenants are subject to provincial laws (ie: California pretty much rejects all CNC's); what is the rule here in Korea?
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Mon Aug 17, 2009 3:31 pm    Post subject: Reply with quote

The competition would probably trip over themselves wanting to hire you. I don't know of many local businesses that wouldn't take advantage of such an opportunity to cheat the system. Laughing
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The_Source



Joined: 09 Oct 2008

PostPosted: Mon Aug 17, 2009 11:27 pm    Post subject: Re: Non-compete agreement from the US Reply with quote

JC VT wrote:
Hi guys,

I have accepted an SAT teaching position in Gangnam at a local hagwon and am wondering what Korean labor laws look like in regards to non-compete agreements. I used to work for a large test prep company in the US and had signed a contract with a non-compete clause. They do have a branch here in Seoul, but never responded to my email query about employment.

I know that non-compete covenants are subject to provincial laws (ie: California pretty much rejects all CNC's); what is the rule here in Korea?


Why do you care about what Korean law says about this? The Korean hagwon is not the one that will be harmed by a violation of the non-compete clause. So of course they don't care if you are in violation of some non-compete clause with another company (in the US, Korea, or elsewhere). The US test prep company is the one that gets harmed, but I highly doubt they're going to come all the way to Korea to try and enforce that agreement. If they try to enforce it at all, it will be in the US.

So, what you should be asking is: "what do the laws say about non-compete clauses in the state where I signed the contract?"
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