This contract (agreement) is made between two parties: R. Walter
Ogburn, the Employee and
Seol Chung Ja, the Employer, Institute, School, or University.
Employee is hired by Employer as an instructor for the following period
: 4 August 1999. to 3 August 2000. The parties agree to carry
out the terms of employment as set forth herein.
The following is a description of the Employer/Employee relationship. Employee and Employer are expected to comply with the following conditions :
The number of regular teaching hours will be 132 hours per month; which is 33 hours per week for 4 weeks. Classes will be held from Monday to Saturday. Classes and teaching are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests. Employee may not accept any work not assigned by Institute.
Employer agrees to pay Employee yearly salary and bonus/severance payment in the amount of Nineteen million five hundred thousand (W19,500,000) won. It will be disbursed in thirteen (13) payments over the course of twelve (12) months in the following manner:
1. One million five hundred thousand ( W1,500,000) won per month for twelve (12) months. Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 15th of the month following each pay period. However, on last month of the contract term, the monthly salary is to be paid on the last day of the contract term. Overtime rate for each hour worked over and above 132 hours per month is £Ü14,000 per hour. Korean income and resident taxes will be withheld. Income tax rate on monthly salary is 3-5%.
2. Bonus/Severance Payment : Employee will be given an additional one/twelfth of annual salary (equivalent to one month salary of W1,500,000) for completing the contract period. This amount will be paid at time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes. Income tax rate on bonus/severance payment is 1-2%.
Employer agrees to provide Employee a one-way ticket to Korea. However, in the event the Employee fails to complete the full contract term, Employee agrees to reimburse Employer the cost of the said airfare.
Employer agrees to provide housing for Employee. Employee is not responsible for the payment of the rent. Employee is responsible for paying his share of utilities. In the case of an officetel, there is a building maintenance fee which covers building security and maintenance, and utilities. This fee runs approximately $60-$80 dollars. Utilities in most other housing options range from $30 - $50.
Housing will be provided in one of the following manners :
1) A private room in an apartment shared with other teacher(s)
2) A private apartment
3) A private officetel shared with other teacher(s)
4) A private officetel
5) A private room at the home of the Director of the Institute
Employer agrees to provide basic household furnishings for Employee. Employer agrees to provide or make easily accessible for the Employee, adequate living accommodations and living conditions. These basic amenities include a bed, access to a kitchen, cooking utensils, hot water for bathing, and a western style toilet.
Employer agrees to provide medical insurance for Employee through group membership. Employer further agrees to pay fifty (50) percent of the monthly premium. Employee is responsible for the other fifty (50) percent, and Employee's portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.
1. English teacher/ Instructor: Employee as an English teacher, will direct and guide the students in conversational English, and as such, class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.
2. Native English Speaker: Employee, as a native English speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. No additional class preparation is required. Employee may be assisted by a Korean English teacher.
1. Holidays : There are 13-15 Korean holidays per year. Employee is not required to work on these days.
2. Annual leave: Employee is permitted five (5) days of paid leave per year. Employee agrees to give at least 10 days notice in advance. Paid leave can be taken no more than two (2) days at one time unless prior arrangements are made with the Employer.
3. Unpaid leave : Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.
Sick leave : Employee is permitted up to six (6) days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper proof of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.
4. Tardiness : If Employee is more than 10 minutes late without notification, one hour of pay may be deducted.
Both parties have the right to make the contract null and void under one of the following circumstances :
1. The health of the Employee is such that it is deemed impossible for the employee to continue work; orNotification Requirement: Employer or Employee may annul the Contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean Civil court, or Korean Civil Law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.
Signature of Employer : Seol , Chung Ja
(sign) X _____________________________________
Date: / / 1999
Name of Institute : ECC Sang ju Foreign Language Institute
Address : 201-9, Namsung-dong, Sang ju city
Telephone : 0582-535-8442
Signature of Employee : R. Walter Ogburn
(sign) X ____________________________________
Date : / / 1999
Address : 9818 Scott Mill Road
Jacksonville, FL 32257
Telephone : 904-367-0855