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Legal Consequences for Running
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genaureliano



Joined: 04 Jan 2004

PostPosted: Wed Jul 07, 2004 5:18 am    Post subject: Legal Consequences for Running Reply with quote

I am not in the worst situation, but it is not honest at all. I am leaving in October--long-term plans have changed and I must leave. I want to give notice, but I'm worried about my boss screwing me over and not giving me my last paycheck, on my last payday, which will be my last day. I was wondering if anyone knows the legal consequences of running. Can they screw me and for how long? Thanks. Peace.

aureliano
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oneiros



Joined: 19 Aug 2003
Location: Villa Straylight

PostPosted: Wed Jul 07, 2004 5:36 am    Post subject: Reply with quote

Ever seen that old Arnie movie "The Running Man"? Laughing

Seriously, you won't be able to work in Korea for a while. At least, for as long as your original visa, and I've heard that immigration can put a no-work-visa bar on you for awhile.
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Jul 07, 2004 6:37 pm    Post subject: consequences Reply with quote

There are no consequences. As long as you turn your ARC card in at the airport you can return the next day and get a new visa.

Immigration rarely does anything to hinder you once you leave.

There are no legal or long term consequences...get your last paycheque leave a nice note explaining your situation and apologize then catch a flight out.

OR

If you want to roll the dice and take a chance on being screwed out of your last cheque give a months notice and see what happens.


Good luck
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chronicpride



Joined: 16 Jan 2003

PostPosted: Wed Jul 07, 2004 8:50 pm    Post subject: Reply with quote

If you run, you can come back on a tourist visa, at any time. But you likely won't be able to get another E2 until your original one would have expired. I know of people who have ran and had to come back on tourist visas and wait it out for their E2 eligibility.

If you get officially released from your contract, you can come back on a tourist or E2 visa.

If you plan on coming back in the future, it would be better for you to give notice and get released. If you do everything legit and they screw you on anything, you have some resources to fall back on, like the Labor Board or the advice on EFL-Law.com.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jul 08, 2004 2:41 am    Post subject: nope Reply with quote

sorry chronic

once you turn in your ARC card at immigration your current visa becomes null and void. You can return to the country the next week and get a new visa they have no way to stop you.
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Jul 08, 2004 4:29 am    Post subject: Re: nope Reply with quote

Grotto wrote:


once you turn in your ARC card at immigration your current visa becomes null and void. You can return to the country the next week and get a new visa they have no way to stop you.


Grotto....

you are the one who is wrong....

If you come back after a run, immi will only grant you a tourist Visa.
you cannot get another E2 until the time expires on your previous e2....even though it has been cancelled.

there have been some cases where immi has had their heads so far up their asses that they re-issue an E2....but usually this happens when you return to a differnt province than before.
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margaret



Joined: 14 Oct 2003

PostPosted: Thu Jul 08, 2004 10:28 am    Post subject: Reply with quote

Sounds like a case of would you rather screw or risk being screwed. For me, it would all depend on my relation with the boss. If you're afraid of being screwed, maybe that relationship is already shaky. Have there been other situations where your boss has cheated someone? If my boss were a reasonably kind and honest person, as my Korean boss was, i would give notice. If my boss were dishonest, I think I'd do likewise. Keep us posted. I'm curious what you decide to do.
Margaret
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jul 08, 2004 3:26 pm    Post subject: Re: nope Reply with quote

the eye wrote:
there have been some cases where immi has had their heads so far up their asses that they re-issue an E2....but usually this happens when you return to a differnt province than before.


I should have mentioned that it is when you return to another province that there is no problem.

The only way they will ban you from returning is if your ex-hogwan doesnt cancel your visa as well and that is usually just in the province.
Immigration really doesnt know what is going on from province to province.

good catch
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JacktheCat



Joined: 08 May 2004

PostPosted: Thu Jul 08, 2004 3:38 pm    Post subject: Reply with quote

My first job here in Korea was a joke and the pay often late, so I decided to find employment elsewhere.

Chump that I am, I gave my boss 30 days notice.

My boss proceeded to make my last month a living hell and then screwed my out of half my last months salary. (he wasn't going to give me anything; but several threats, and a lot of cojuling forced some money and the release letter from him).

So, next time I will give serious thought to just running.
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Barking Mad Lord Snapcase



Joined: 04 Nov 2003

PostPosted: Thu Jul 08, 2004 9:56 pm    Post subject: Reply with quote

JacktheCat wrote:
My first job here in Korea was a joke and the pay often late, so I decided to find employment elsewhere.

Chump that I am, I gave my boss 30 days notice.

My boss proceeded to make my last month a living hell and then screwed my out of half my last months salary. (he wasn't going to give me anything; but several threats, and a lot of cojuling forced some money and the release letter from him).

So, next time I will give serious thought to just running.


Your story is what apologists regard as an "inconvenient truth". Right Homer?
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chronicpride



Joined: 16 Jan 2003

PostPosted: Fri Jul 09, 2004 1:43 am    Post subject: Re: nope Reply with quote

Grotto wrote:
sorry chronic

once you turn in your ARC card at immigration your current visa becomes null and void. You can return to the country the next week and get a new visa they have no way to stop you.


I'm not sure if we understand each other. All I'm saying, is that if you run, give up your ARC, go to Fukuoka and take the next boat back to Busan, you can get a tourist visa. Same day as your E2 was cancelled. I know people that did this.

I'm not sure on anything about coming back and getting an E2 in another province, before your 1st E2 would have expired. I don't know of anyone that has successfully done it. I only know of a guy that ran from a Daegu job and couldn't get a job in Busan (2 different provinces), until his 1st visa would have naturally expired.

I think that so much is discretionary, depending on the immigration official at the time. There doesn't seem to be any pattern. If Immigration practices were regular and consistent, we wouldn't spend so much time speculating about it on here. Smile
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Zyzyfer



Joined: 29 Jan 2003
Location: who, what, where, when, why, how?

PostPosted: Fri Jul 09, 2004 1:48 am    Post subject: Re: Legal Consequences for Running Reply with quote

genaureliano wrote:
I am not in the worst situation, but it is not honest at all.


Damn. What happened? I remember you having a sweet gig up front...did it turn sour? Or is it just stuff back home that's making you want to dip early?

If you aren't having problems currently with your boss, it'd probably be nice to give notice, and if they're really cool anyways, maybe even offer to assist in getting a replacement. However, if you and the boss are on bad terms, it's just better to dip. Midnight runs are discussed somewhere...probably in the FAQ forum or something. You'd find details about it there.
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Grotto



Joined: 21 Mar 2004

PostPosted: Fri Jul 09, 2004 2:06 am    Post subject: Re: nope Reply with quote

[quote="chronicpride
I'm not sure on anything about coming back and getting an E2 in another province, before your 1st E2 would have expired. I don't know of anyone that has successfully done it. I only know of a guy that ran from a Daegu job and couldn't get a job in Busan (2 different provinces), until his 1st visa would have naturally expired.

I think that so much is discretionary, depending on the immigration official at the time. There doesn't seem to be any pattern. If Immigration practices were regular and consistent, we wouldn't spend so much time speculating about it on here. Smile[/quote]

Laughing You got that right...I dont think one immigration department knows what the other is doing.

I dont know if they share files but I do know 2 people that did runs on crappy hogwans and came back a week later on a new E2 visa. So it is possible.
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Homer
Guest




PostPosted: Fri Jul 09, 2004 3:49 am    Post subject: Reply with quote

Nawww barking.

The story is what I would call...a story.

Thanks for playing though. Laughing
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JacktheCat



Joined: 08 May 2004

PostPosted: Fri Jul 09, 2004 5:00 am    Post subject: Reply with quote

Homer wrote:
Nawww barking.

The story is what I would call...a story.

Thanks for playing though. Laughing


Come now Homer.

Just because someone says they had trouble with their job doesn't mean they are lying.
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