Korean Job Discussion Forums

[justin moffatt]

When arriving in Korea, I was informed by many koreans and foreigners alike, that "in Korea the verbal contract is as important as a written contract". However, after viewing numerous postings on various forums, consulting with expats in local watering holes, contacting various legal counsels, and experiencing firsthand the fallacy of the statement, I dismissed the notion altogether.

Although, I began to wonder about the numerous part time positions that are offered with no official contract (even if on a F2 visa). In fact, if one asks for a contract, it usually guarantees no position of any kind. Therefore, without a formal written contract, can one actually go to the Labour Board and contest a broken verbal agreement?

[mehamrick]

There used to be a saying somewhere that if it wasnt on paper it doesnt exist. The difference being on an F2 is they can tell them to promptly F*# off where an E2 really doesnt have that luxury..

You could go to the labor board but how would you prove it.. Unless it was recorded..

[justin moffatt]

Interesting point. Does anyone have any experience with taped recordings of employers being admissable at the Labor Board?

[Bibbitybop]

Verbal contracts are "legal" in the US only if you can prove it.

[insam]

Why would you or the company want a contract for part time work? Most of them are cash positions with totally different 'payrolls'. Sometimes it's best to be a ghost. If you're looking for something formal try the larger corporate institutes. You're more likely to be 'in the system' with those, but you're also likely to get less per hour.

[Young FRANKenstein]

[wylies99]

If it all comes down to the word of a Korean vs a foreigner, which one will win in the Korean legal system? Guess.

BTW- I wouldn't deal with a "verbal contract" in any country.

[Juregen]

The verbal contract only works oneway

Just like respect, you have to respect them, but they do not have to respect you.

[wylies99]

That's a lot of trust to give someone, especially with money on the line. In Korea, they don't even honor written contracts.

[justin moffatt]

My understanding of law in North America, is that taped conversations are not admissable if the other party does not give consent to be recorded. However, the legal system here is not yet refined (e.g. criminal vs civil distinction). Therefore, if "foreigners" do not have the same civil rights as Koreans, would not having some form of documentation or evidence seem reasonable? Perhaps, this may give "foreigners" the advantage they need in contractual arrangements.

Furthermore, Korean employers may be concerned that this documentation become public (i.e. court of law, Labour Board). On the other hand, in my experience dealing with Korean employers is many know every detail of Korean law and what evidence may be threatening or not.

[hellofaniceguy]

Always get it in writing. Period.
Verbal means nothing...subject to interpretation�..and a judge would agree. The labor board will be of no help in your case.

[Real Reality]

A Country of Liars
article by Kim Dae-joong, Chosun Ilbo (July 3, 2005)
http://english.chosun.com/w21data/html/news/200507/200507030027.html

[spliff]

[Hotpants]

A contract exists whenever 2 parties agree to undertake a duty for the other, whether verbally or in writing. But, as the above posters point out, how are you going to prove that something was said to you in a place like Korea? Personally, unless it was a question of more than a couple of thousand dollars, I would just let it go and move on.

[justin moffatt]

Interesting and informative responses. However, the question remains: Do taped conversations give 'foreigners' documentable evidence in labour disputes?