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Can you be stopped from leaving?
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Thu May 20, 2004 3:50 am    Post subject: Can you be stopped from leaving? Reply with quote

A friend of mine told her school today that she was leaving on saturday. They promptly turned around and said that she couldn't leave and that they were going to call immigration to stop them.

My immeadiate response was, when she asked me, that they can't actually stop you from leaving the country unless they had broken some law or other, which they haven't. The reason was for a family emergency. They, of course, will not pay her her severance of flight, but can they stop her physically?
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Zed



Joined: 20 Jan 2003
Location: Shakedown Street

PostPosted: Thu May 20, 2004 3:52 am    Post subject: Reply with quote

I wonder if they could levy some fine against her for breach of contract. Then they could hold her until it's paid maybe.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Thu May 20, 2004 3:53 am    Post subject: Reply with quote

No, you are correct.
They won't stop her, unless she has broken a law. Hopefully, though, her boss won't accuse her of stealing something.
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Kristsoy



Joined: 23 Mar 2004

PostPosted: Thu May 20, 2004 3:57 am    Post subject: Reply with quote

Quote:
No, you are correct.
They won't stop her, unless she has broken a law. Hopefully, though, her boss won't accuse her of stealing something.


he has to prove that and if they want to "report" ur friend to immigration they go through headache after headache of paperwork, owners never do it, ur friend will be fine, i hope she/he wasnt close to the end of their contract
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humanuspneumos



Joined: 08 Jun 2003

PostPosted: Thu May 20, 2004 12:29 pm    Post subject: In all my years in Korea Reply with quote

From 96 until now I have never seen anyone kept from leaving the country.

However, I have heard and seen things like threats... but the storm passes over and then the calm. One good thing about a Bali-Bali society- things come and go quickly.


You might be amazed at the creative/shocking/imaginative ways they'll attempt to extort/trap you. Every story under the sun. Still- nobody actually locked in the country. So- whoever is thinking of going ought to take a deep breath and tune out the static.
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jajdude



Joined: 18 Jan 2003

PostPosted: Thu May 20, 2004 12:35 pm    Post subject: Reply with quote

Stopped from leaving? How? This is not an entirely crazy country. If you wanna go, you can go.
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Thu May 20, 2004 1:58 pm    Post subject: Reply with quote

Immigration can do what ever they want to do and for whatever reason.
But, as most have posted already, your friend can leave and the school can't do ANYTHING! Just blow hot air.
However... if the school makes up a story, says she took some money, etc. and calls the law or immigration, they can't put a "no departure" notice in the computer system and you can't leave.
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Derrek



Joined: 15 Jan 2003

PostPosted: Thu May 20, 2004 2:21 pm    Post subject: Reply with quote

In this situation, I'd just do it.
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mishlert



Joined: 13 Mar 2003
Location: On the 3rd rock from the sun

PostPosted: Thu May 20, 2004 3:38 pm    Post subject: Reply with quote

If it's a family emergency the boss should do everything to make sure your friend makes it home and tell your friend that he hopes everything tuns out for the best. Otherwise he is a cold hearted human being with ice running through his veins.

Last edited by mishlert on Thu May 20, 2004 4:02 pm; edited 1 time in total
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Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Thu May 20, 2004 3:45 pm    Post subject: Reply with quote

Mishlert,

Laughing Laughing Laughing Laughing Laughing

your post, assuming you've been here some time, is very funny.
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Shadow



Joined: 28 Jan 2003
Location: Pusan, South Korea

PostPosted: Thu May 20, 2004 4:06 pm    Post subject: That's a good point about breach of contract! Reply with quote

Zed wrote:
I wonder if they could levy some fine against her for breach of contract. Then they could hold her until it's paid maybe.


I don't want to stray from the topic here. However, since you mentioned breach of contract, isn't the Director in breach of contract if he has given an employee only half of his/her monthly salary? What can an employee do in such cases? Can he legally refuse to work? Should an employee accept half of his/ her monthly salary in any case? Please advise!
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Thu May 20, 2004 4:53 pm    Post subject: Reply with quote

To be honest, if i was going to just leave I wouldn't tell my employer as when backed into a wall, they come out fighting like crazy boys.

In saying that, the guy I work for now is one of the nicest guys(Korean or foreigner) i have ever worked for so I would have no hesitation in telling him and getting him a good replacement.
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Kristsoy



Joined: 23 Mar 2004

PostPosted: Thu May 20, 2004 6:06 pm    Post subject: ... Reply with quote

Quote:
However... if the school makes up a story, says she took some money, etc. and calls the law or immigration, they can't put a "no departure" notice in the computer system and you can't leave


this may be true but most owners would never bother with the weeks of paperwork it takes to actually get that into an imigration computer

owners dont have the power to call immigration today and say oh a teacher stole my desk, stop him her from leaving the country. they have to prove it
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Gord



Joined: 25 Feb 2003

PostPosted: Thu May 20, 2004 6:34 pm    Post subject: Re: ... Reply with quote

Kristsoy wrote:
this may be true but most owners would never bother with the weeks of paperwork it takes to actually get that into an imigration computer

owners dont have the power to call immigration today and say oh a teacher stole my desk, stop him her from leaving the country. they have to prove it


I can safely assure you that all that is needed is a single phone call to the local Immigration office and a single complaint filed. If the complaint is viewed as being valid such as the accusation of violence, theft or fraud (for example), the person will be denied permission to leave the country until an investigation can be completed.
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PatrickSiheung



Joined: 21 May 2003

PostPosted: Thu May 20, 2004 7:52 pm    Post subject: Reply with quote

On the other hand though, Immigration is probably very accustomed to getting crazy calls from Hagwon owners. I wonder how seriously they would take such accusations.

Immigration seems to be very fickle when it comes to enforcing laws too.

For example. I remember reading a story on these boards sometime last year. A teacher was confronted by immigration because he was working illegally at another hagwon. This teacher though was sent to this other place by his director. I guess being his first time, he trusted his employer. If my memory isn't completely gone, I believe this person had a tough time convincing immigration that he wasn't aware that his director didn't get permission from immigration and was a total innocent in the situation.

I had the same situation. My directors had me working at another location without informing immigration. When immigration learned of this they simply called my directors and asked them to tell them in the future. Not even a slap on the wrist compared to what the other teacher got.

And in response to the OP's question... your friend can just leave. I'd be so surprised if any hagwon owner was able to keep them in the country with a simple phone call. They think all foreigners are ignorant and gullable so they often attempt scare tactics to bend people to their will.
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