Korean Job Discussion Forums

Lonewolph · Joined: 19 Mar 2003 Location: Kwangju, Korea

Let's look at the logic of the Letter of Release (LOR). Does it make sense that if a teacher has a legitimate reason for terminating their contract early but still needs to be on good terms with their employer in order to obtain an LOR in order to apply for another teaching visa, while a teacher who is fired for incompetence, verbally assaulting a student or coming to school drunk can turn around the next week and get another teaching visa without needing and LOR? Going to immigration and cancelling your work visa is completely separate from needing and LOR to apply for a new work visa. Whether you quit or are fired, you and your employer must both go to immigration and report it, at which time your work visa will be cancelled and you will have 14 days to leave the country. But regardless of which party terminates the contract and for what reason, teachers still MUST obtain an LOR from their former employer in order to apply for a new work visa prior to the expiry of their previous contract. This was confirmed by 5 different immigration offices earlier today.

My condolences on your loss Mickie, and this sticky situation certainly does not help. The majority here may not agree, but the best thing to do at this point is to try to compromise with your boss. It does not seem to me that she is totally bad...she did give you 3 weeks paid holiday to visit your mother when she was ill, and let you return home again for the weekend, even though you did not actually take any leave. I am sure that if you check your contract, you will find that you are only permitted 7 consecutive days with pay in this situation with possibly more without pay at the discretion of your employer. Furthermore, the clause most likely states something like "in the case of death OR illness of an immediate family member", indicating that if you take leave to visit an ill family member, the school is not obligated to give you more time off if that same ill family member passes. I don't mean to sound cold, but if this is what your contract says, then by law, your school is not required to do any more.

I suggest you try to compromise for this reason: you are low on funds and you stand to be terminated if you officially bring the labor board into the situation. Believe it or not, as this is certainly not the way it is back home, reporting an employer to the labor board for illegal or inappropriate actions can be defendable grounds for immediate termination of the reporting teacher. Being reported to the Korean Labor board will tarnish the reputation of the school and thus can be sufficient for the employer to make a case to Korean Immigration for immediate termination of the teacher and their work visa, and difinately no LOR will be granted in order for the teacher to obtain a new work visa. It is sad, but that is the way it works here, much to our chagrin. So, if you are strapped for cash, and if the working conditions at your school are satisfactory in other regards, sitting down amiably with your director and working out a compromise may be the best move. If your contract ends in a couple months, you will at least get your bonus pay and return air ticket, and will be able to apply for another job at another school if you so choose. If your contract still is not due to end for some time, you might want to submit your 30 days notice (unless longer is required by your contract) once you have sufficient funds to return home. If you do it this way and deal with your director with a respectful attitude despite how you feel, your chances of getting an LOR would be much improved.

On a final note, this type of situation can be avoided. I always tell people that when your employer grants you time off or anything else that is not stipulated in your contract, get it in writing right from your director in as much detail as possible, including if and what deductions may be applicable. It may seem heartless, but in this and any other business environment, what is written on paper is the best and often only proof of any agreement.

the eye · Joined: 29 Jan 2004

Lonewolph · Joined: 19 Mar 2003 Location: Kwangju, Korea

the eye · Joined: 29 Jan 2004

I can appreciate your experience, but I have my own, both personal and secondhand.
I think the main cause of discrepancy in this situation is that immi doesn't follow the same set of procedures from location to location.
While what you said is in fact immigration 'law', the actual practice of it is not uniform or consistent.

Similarly, this reminds me of an Aussie friend, who's been in the country for 4 years, doing nothing but privates. He's being recycling a 3-month tourist visa for 4 years straight, no questions asked.
On the other hand, a Canadian friend was denied entry on the same set of circumstances after 6 months.

Young FRANKenstein · Posted: Sat Mar 03, 2007 6:15 am Post subject:

Young FRANKenstein · Posted: Sat Mar 03, 2007 6:21 am Post subject:

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

There are crooked immigration officials who make up the law to suit those who pay them off.
You guys can lecture everyone about the law, but there are so many crooked immigration officials, you NEVER know what's going to happen.

TheUrbanMyth · Joined: 28 Jan 2003 Location: Retired

the eye · Joined: 29 Jan 2004