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How do they "keep" you from leaving?

 
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OiGirl



Joined: 23 Jan 2003
Location: Hoke-y-gun

PostPosted: Tue Jun 03, 2003 6:13 pm    Post subject: How do they "keep" you from leaving? Reply with quote

From time to time we hear about the case where a foreign worker is prevented from leaving the country. I have never seen or experienced this myself, only heard about it. How, exactly, is this accomplished? Do they have an armed police officer at the departure gate with your picture? Is there a red flag when they run your passport at departure immigration which causes you to be whisked off to a secure location? If they can keep you from leaving, how would they go about doing it?
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kylehawkins2000



Joined: 08 Apr 2003

PostPosted: Tue Jun 03, 2003 6:22 pm    Post subject: Reply with quote

I don't think I've ever heard of this happening from a first- or second-hand source. I'm left to believe it doesn't happen. I can only assume that such detainment would be against Korean law, and you'd be able to seek legal action.

I'm sure there are cases where directors have caught foreigners in the midst of a 'midnight run'. But actual being legally detained? I'm sceptical.
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Mody Ba



Joined: 22 May 2003

PostPosted: Tue Jun 03, 2003 7:18 pm    Post subject: Not Here,Anyway.. Reply with quote

No.They cannot keep you from leaving.However,if you want your money they owe you(or at least part of it),they can jack you around on that.It may come down to the unsavory choice of sticking around and trying to get your money or just writing it off and leaving.Physically or legally restrain you from leaving? No.Not here.However,in some places like Saudi Arabia,which requires an exit visa to LEAVE the country,they can legally detain you.In places like Saudi,"midnight run" takes on a newer,more immediate and more literal meaning! Laughing
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Wed Jun 04, 2003 7:40 am    Post subject: Reply with quote

If you are charged with committing a crime (i.e. the hakwon boss claims you stole money or property) they can MOST certainly keep you here. That said, if you are not being charged, they cannot.
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Mody Ba



Joined: 22 May 2003

PostPosted: Wed Jun 04, 2003 6:34 pm    Post subject: Well,Yeah,If You Are Charged with a Crime.. Reply with quote

If you are charged with a crime,the authorities in any country can detain you.Of course.That said,that is a pretty rare circumstance,although it probably has happened(ANYTHING is possible here),and might happen again in the future.Most times though,they cannot detain you.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Sun Jun 08, 2003 12:44 am    Post subject: Reply with quote

I think it's fear and lack of knowledge that "keeps" people from leaving a job where they're not being paid for overtime, having excessive deductions taken from their salary, working excessive hours, their contracts are repeatedly being breached etc etc etc.

There is also a lot of misinformation around and stories that compound this fear.

I've heard one story about a guy whose director found out that he was doing a midnight run, showed up at the airport, beat him and dragged him into the car while police looked on and did nothing. It's just heresay, just a story I was told not long after I arrived but I was quite impressionable as a newbie at the time and thought it was true and common. When I considered running from my first job after about 4 months, this story did cross my mind. Who knows, it might be true, but I too am sceptical.

I think some directors fill teacher's heads with lies about their so-called connections and give their own take on the application of Korean law so teachers are afraid of the repercussions of leaving.

It's not as easy to take action to defend yourself against greedy hagwon directors compared to back in our home countries. I can't imagine an Australian employer repeatedly deducting extra money, breaching contract, not paying superannuation etc and getting away with it, (unless perhaps I was an immigrant with limited English language skills and working illegally). Here, the language barrier is the first obvious obstacle. Who do I call? How can I get their number? How can I get the information?

Hopefully this site will help to dispel a lot of the fear (and myths) out there and help people out of awful situations.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Sun Jun 08, 2003 1:28 am    Post subject: Reply with quote

I've just had a look at the Korean Immigration Website and have found the following information:

Quote:
Suspension of Foreigner's Departure

The Minister of Justice may suspend the departure of a foreigner falling umder any of the following Subparagraphs :

* A foreigner who is detrimental to the security or social order of the Republic of Korea, or who is under investigation on the suspicion of having committed any other grave crime.
* A foreigner who is delinquent of taxes or other public imposts.
* A foreigner whose departure is considered particulary improper for protecting the interest of the Republic of Korea.


Can't see anything here about an English teacher breaking her/his contract Very Happy ... unless it falls into the "public imposts" category Question .
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Mon Jun 09, 2003 5:38 am    Post subject: Reply with quote

[quote="waterbaby"]I've The Minister of Justice may suspend the departure of a foreigner falling umder any of the following Subparagraphs :

* A foreigner who is under investigation on the suspicion of having committed any other grave crime.
quote]


I don't like this part. In other words the boss could accuse you of something...and you're stuck here for a lot longer than planned, while they sort things out.
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Holyjoe



Joined: 03 Mar 2003
Location: Away for a cuppa

PostPosted: Mon Jun 09, 2003 5:48 am    Post subject: Reply with quote

But surely in that case there are severe repurcussions for a boss who wastes police time with false accusations?
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Mon Jun 09, 2003 5:57 am    Post subject: Reply with quote

Holyjoe wrote:
But surely in that case there are severe repurcussions for a boss who wastes police time with false accusations?


Have a look at this thread by a guy who got done over by a Korean ajashi for (yes! illegally) smoking a cigarette at a subway station in Seoul
http://www.eslcafe.com/forums/korea/viewtopic.php?t=3488

Gives me a lot less confidence in a potential "my word against against a Koreans" situation.

Edited two times for stupid mistakes!


Last edited by waterbaby on Mon Jun 09, 2003 5:57 am; edited 1 time in total
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Mon Jun 09, 2003 5:57 am    Post subject: Reply with quote

How do you prove these accusations are false? Generally speaking, if you are a foreigner in Korea, you are guilty until proven innocent. He says you did, you say you didn't. They have to pick a side. Who would you choose: A member of the community or some backpacker from nowhere?
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Holyjoe



Joined: 03 Mar 2003
Location: Away for a cuppa

PostPosted: Mon Jun 09, 2003 6:04 am    Post subject: Reply with quote

I guess it's hard, but if it is found to be a false accusation, I wonder what happens to the Korean accuser.
Probably nothing a right big envelope and a bottle of soju can't put right... Rolling Eyes
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