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if hogwon fires you, do you have to pay them recruiters fee?

 
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Iamronin11



Joined: 17 May 2009

PostPosted: Sat Sep 05, 2009 10:19 pm    Post subject: if hogwon fires you, do you have to pay them recruiters fee? Reply with quote

i was wondering if a hogwon fires you, will you be responsible for a recruiters fee? what does the labor board say about this
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Captain Courageous



Joined: 16 Jul 2006
Location: Bundang and loving it

PostPosted: Sat Sep 05, 2009 10:21 pm    Post subject: Reply with quote

I sure hope it's not in your contract.
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Iamronin11



Joined: 17 May 2009

PostPosted: Sat Sep 05, 2009 10:23 pm    Post subject: Reply with quote

no it only says " In the event that Instructor terminates this agreement prior to end date, a sum of 1,000,000 won will be withheld" blah blah . So in wording it is saying if I quit basically. However, can they try and screw me after firing me and demand a recruiters fee?
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Captain Courageous



Joined: 16 Jul 2006
Location: Bundang and loving it

PostPosted: Sat Sep 05, 2009 10:25 pm    Post subject: Reply with quote

Sure they can.
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Iamronin11



Joined: 17 May 2009

PostPosted: Sat Sep 05, 2009 10:40 pm    Post subject: Reply with quote

thanks captain obvious.

I need opinions from people who actually know what they are talking about. Does he stand a chance in collecting this sum if taken to court or to labor board
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halfmanhalfbiscuit



Joined: 13 Oct 2007
Location: Seoul

PostPosted: Sat Sep 05, 2009 10:56 pm    Post subject: Reply with quote

Sometimes that's the cost of getting your LOR and moving on.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Sep 05, 2009 11:22 pm    Post subject: Reply with quote

Situation: They're giving you 30 days notice? And telling you that they're going to keep a bunch of money out of what they will owe you in a month's time?

Recommendation: Pull a runner.

Situation: They're canning you now prior to paying you and refusing to pay you what they already owe, pretending that you owe them money although the reimbursement requirement is not in your contract.

Recommendation: Start at the Labor Board.

Situation: Telling the boss you're going to quit.

Recommendation: Don't do that. If you're happy, stay there and do the work. If you're not happy or you don't trust the boss, get your regular pay and pull a runner that day or the next. Quitting a job here essentially flushes all hope of prevailing against a dishonest boss down the toilet.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Sep 05, 2009 11:40 pm    Post subject: Reply with quote

Iamronin11 wrote:
... it only says " In the event that Instructor terminates this agreement prior to end date, a sum of 1,000,000 won will be withheld"...

What's difficult to understand? If you are fired, the employer is terminating the contract.
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The Great Wall of Whiner



Joined: 24 Jan 2003
Location: Middle Land

PostPosted: Sun Sep 06, 2009 12:09 am    Post subject: Reply with quote

Well, law is always a grey issue.

Why are they firing you? If they are firing you for no reason than you should be ok. If they actually have a good reason in the eyes of the law then maybe they can.

There is no real answer here unfortunately, and we are teachers not lawyers trained in Korean civil law.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sun Sep 06, 2009 12:51 am    Post subject: Reply with quote

The Great Wall of Whiner wrote:
There is no real answer here unfortunately...

True... and sometimes the law is an ass (especially in K-land). Assumptions based on British common law are dangerous:

"What do you mean the truth is not a defense against an accusation of slander or lible?

"Blood money?... he started it!"
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benji



Joined: 21 Jul 2009

PostPosted: Sun Sep 06, 2009 1:36 am    Post subject: Reply with quote

cruisemonkey wrote:
The Great Wall of Whiner wrote:
There is no real answer here unfortunately...

True... and sometimes the law is an ass (especially in K-land). Assumptions based on British common law are dangerous:

"What do you mean the truth is not a defense against an accusation of slander or lible?

"Blood money?... he started it!"


My favorite: perjury is not a crime. Why even bother to have courts at all then.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sun Sep 06, 2009 2:54 am    Post subject: Reply with quote

benji wrote:
My favorite: perjury is not a crime.

"Your honor, I beg the court's indulgence in understanding I did not lie; but rather, misrepresented the truth." Wink
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DAC



Joined: 14 Aug 2009
Location: South Korea

PostPosted: Sun Sep 06, 2009 5:53 pm    Post subject: Reply with quote

Iamronin11 wrote:
thanks captain obvious.

I need opinions from people who actually know what they are talking about. Does he stand a chance in collecting this sum if taken to court or to labor board


Again, call the labor attorney. Bring your contract. If it's your second time, you may have to pony up his fee (100,000 won?) and take his advice about getting out of your contract with the least hassle.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Sep 06, 2009 7:11 pm    Post subject: Reply with quote

Article 20 of the KLSA forbids entering into a contract for which a pre-determined penalty is written in for possible breach of said labor contract.

That clause could be very well be in breach of the laws.

That said, hakwon directors and even some courts are not especially known for their knowledge or regard of said Act.
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