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Korean Job Discussion Forums
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melgagnon
Joined: 29 Apr 2003
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 Posted: Sat Oct 16, 2004 8:44 pm Post subject: Civil Law vs. Contractual Agreements |
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Hey!!
I have a quick question. I am in the midst of trying to leave my job. I understand that by Korean Law (my institute has more than 5 fulltime workers), one does not require to give prior notification, however, under Civil Law, one must give 30 days notice to willfully terminate a one year contract.
My contract does not state anything about prior notice. My boss, upon negotiating the contract agreed to allow me to leave at my request, with a letter of release. At that time, it was mutually requested that a some notice be given (yes, dumb, did not get it in writing).
My problem. I have given two weeks notice (completely long story), now have been threatened with Civil Action. Furthermore, I have been informed that my last month of work will not be compensated (again, against Korean Law).
The reason I am writing this is to find out whether or not, due to the lack of mention in the contract, I am, by Civil Law, required to give 30 days notice. Does the Civil Law supercede contractual agreements? Does he have a case against me in the event that I leave after my two weeks of notice? Can I be liable?
Thanks so much if anybody has anything that could possibly educate me a little more regarding this matter. I really appreciate any advice, good or bad, that could be given....just need to know!!!
Cheers
Mel |
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ulsanchris
Joined: 19 Jun 2003
Location: take a wild guess
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| Posted: Sat Oct 16, 2004 8:54 pm Post subject: |
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| I"m not an expert on this, but usually the law takes precedence over contracts. |
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Sat Oct 16, 2004 10:23 pm Post subject: |
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Any law will take precendence over a written contract. Contracts must be within the law, or they are invalid...or rather the parts outside the law are invalid.
Look at it this way...you and someone else agree to enter into a contract where you will kill someone and the other person will compensate you for it. It is written into the contract that you cannot be held liable for the murder. Under the law, you are liable, and the clause in your contract will do nothing to supercede this.
You are always bound by the law. Contracts are simply documents that two parties enter into to set parameters within given and relevant laws.
KPRROK |
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FUBAR
Joined: 21 Oct 2003
Location: The Y.C.
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| Posted: Sat Oct 16, 2004 11:34 pm Post subject: |
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Which one supercedes each other Labour Law or Civil Law?
I thought Labor Law deemed no notice. |
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Gord
Joined: 25 Feb 2003
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| Posted: Sun Oct 17, 2004 12:05 am Post subject: Re: Civil Law vs. Contractual Agreements |
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| melgagnon wrote: |
Hey!!
I have a quick question. I am in the midst of trying to leave my job. I understand that by Korean Law (my institute has more than 5 fulltime workers), one does not require to give prior notification, however, under Civil Law, one must give 30 days notice to willfully terminate a one year contract. |
There is no "must give 30 days notice" law. That is simply a contractually agreed term common in contracts as contracts for ESL teachers must have definite start and ending dates to qualify for a sponsored visa.
The problem here is that your contract is based on paying a package with a number of benefits in exchange for a guaranteed period of commitment. By quitting early, then it is a contract violation and legally they can sue you for everything ranging from payment back of 100% of the wages, rent, and other costs and for compensation for their time in dealing with you, plus compensation for actual and punitive damages. Granted, I've never heard of anyone actually going that far, but legally they are allowed to do that.
The provision to end a contract early is for your protection.
But being threatened with a blind "civil law" action is like being theatened with a "civil law" action back home. Namely it's a pretty wide thing to claim.
Best to sit down and negociate an end to this. Ask exactly what they want, and see if you can come to an agreement. Unless you are just going home, in which case just get on a plane tomorrow because it's unlikely he will ever sue but keep your stories straight in the event you want to return to Korea in the future in case he files a complaint with Immigration. |
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