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The good news just keeps on coming!
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English_Ocean



Joined: 17 Mar 2006
Location: You don't have the right to abuse me!

PostPosted: Tue Mar 27, 2007 2:15 am    Post subject: The good news just keeps on coming! Reply with quote

So now the hogwan is closing. Looks like I'm out pension (which has never been paid) severance and my ticket home! Suxs to me right now! Laughing

I have questions.
Am I out ticket fare? Should I receive partial severance?
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Tue Mar 27, 2007 3:55 am    Post subject: Reply with quote

I have no idea, but I'd suggest calling the Labor Board. Google it and find the number.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Tue Mar 27, 2007 5:32 am    Post subject: Reply with quote

cdninkorea wrote:
I have no idea, but I'd suggest calling the Labor Board. Google it and find the number.


Labor: 1350
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plokiju



Joined: 15 Mar 2005

PostPosted: Tue Mar 27, 2007 5:58 am    Post subject: Reply with quote

I don't think you'll be getting any severance. I don't know about your air fare. The school should pay you for any work you've already done though.

You could file a complaint with the pension office about your boss never paying pension. With the school closing though, I don't know how likely it is they'd be able to do anything about it. Worth a try.

Luckily, if you want another job in Korea it shouldn't be hard to find one. They send you on a visa run to Japan and then would pay for your ticket home (after a year's work). Sucks to be in this situation but hopefully you aren't owed anymore money than that.
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wylies99



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

PostPosted: Tue Mar 27, 2007 10:14 am    Post subject: Reply with quote

File with labor for anything the school still owes you and go to immigration to tell them what's going on with the school. Do this ASAP.

Remember, just because the owner closes this school, it doesn't mean the owner is broke. You may be able to still get money owed to you. That person may have plenty of money- just that school wasn't profitable.
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The Bobster



Joined: 15 Jan 2003

PostPosted: Tue Mar 27, 2007 11:39 am    Post subject: Reply with quote

Best wishes for you.

If you wanna go home, they need to buy you a ticket. Pretty sure Korean labor law allows for that, if only because they don't want to see western folk on the sidewalk with their hat out and a sign saying "Need Airfare Back to America" (Fill in your own country if it does not apply ...

Not a lawyer, but what I seem to know is that Korean law will take care of you. If you came here on someone else's ticket, they are obligated to send you home out of their checkbook. If I'm wrong, I'll be happy to be schooled ...

Just tryin' to help out here ...
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English_Ocean



Joined: 17 Mar 2006
Location: You don't have the right to abuse me!

PostPosted: Tue Mar 27, 2007 2:46 pm    Post subject: Reply with quote

Thanks for all the replies. I've got another question please.
What happens to my visa? Will it expire or do I need a letter of release?

Thanks again! Very Happy
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Mar 27, 2007 3:27 pm    Post subject: Reply with quote

The Bobster wrote:
Best wishes for you.

If you wanna go home, they need to buy you a ticket. Pretty sure Korean labor law allows for that, if only because they don't want to see western folk on the sidewalk with their hat out and a sign saying "Need Airfare Back to America" (Fill in your own country if it does not apply ...

Not a lawyer, but what I seem to know is that Korean law will take care of you. If you came here on someone else's ticket, they are obligated to send you home out of their checkbook. If I'm wrong, I'll be happy to be schooled ...

Just tryin' to help out here ...


This is sorta correct.

When your boss applied for your visa and confirmed your employment when you got your ARC he signed a form with immigration that he would be your guarantor. He is legally responsible for your repatriation as long as you leave within 10 days of your employment termination.

English_Ocean wrote:
Thanks for all the replies. I've got another question please.
What happens to my visa? Will it expire or do I need a letter of release?

Thanks again! Very Happy


Your boss is LEGALLY required to notify immigration of any change in your employment. If the school closes and you become unemployed he is required to report it.

IF he does then you will be released from your contract and have 14 days to leave the country.

If he does NOT then your status will be illegal here under an invalid E2. You will have to fix your status to find new employment. Informing immigration of your situation if/when it occurs is your best bet. They are not your enemy.
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English_Ocean



Joined: 17 Mar 2006
Location: You don't have the right to abuse me!

PostPosted: Tue Mar 27, 2007 4:33 pm    Post subject: Reply with quote

Thanks again for the advice. Your right Tompat, calling immigration is a bit intimidating. My director has grossly violated the contract from the start. I'm also trying to avoid getting myself into trouble as well with the tax office.
I'm hoping this choas can come to a peaceful ending.
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dam_on



Joined: 12 Dec 2006

PostPosted: Tue Mar 27, 2007 4:51 pm    Post subject: Reply with quote

not wanting to hijack, but I have a related question. What happens in the situation where the boss goes with you to immigration, signs a paper (releasing me from the contract) and I am told by the immi official that I can not cancel the visa there or I would have to leave the country immediatly, and I will not have to turn in my ARC and get an exit order then and there as exit orders are only given if you finish the contract. They said I would be legally able to stay in-country until my original visa expired...seemed kinda strange after reading up on the process on here.

It seems you could get five different answers from five different officials.

So, I have my ARC. My boss has released me from the contract. I wasn't given any specific time to leave the country (just before the original visa expires). Am I ok to stay and look for another job?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Mar 27, 2007 7:30 pm    Post subject: Reply with quote

dam_on wrote:
not wanting to hijack, but I have a related question. What happens in the situation where the boss goes with you to immigration, signs a paper (releasing me from the contract) and I am told by the immi official that I can not cancel the visa there or I would have to leave the country immediatly, and I will not have to turn in my ARC and get an exit order then and there as exit orders are only given if you finish the contract. They said I would be legally able to stay in-country until my original visa expired...seemed kinda strange after reading up on the process on here.

It seems you could get five different answers from five different officials.

So, I have my ARC. My boss has released me from the contract. I wasn't given any specific time to leave the country (just before the original visa expires). Am I ok to stay and look for another job?


I am not sure what happened at the immigration office but if your employment was canceled you are in an illegal overstay position after 14 days and it may very well come back to bite you in the axx.

Do not stay and work on your old E2 at another employer without obtaining an "addition or change of workplace" from immigration.

If you find a new job in the next 14 days, simply do the change (but use the same immigration officer that didn't give you the exit order).

If you don't take a new job in the next 14 days, take a ferry out and back. This will take care of the potential overstay position you may find yourself in. You should be free to find a new job and get a new E2.

Sorry for not answering your PM earlier but I was trying to get a proper / correct answer for you before I commented.
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English_Ocean



Joined: 17 Mar 2006
Location: You don't have the right to abuse me!

PostPosted: Wed Mar 28, 2007 6:25 pm    Post subject: Reply with quote

The Bobster wrote:
Best wishes for you.

If you wanna go home, they need to buy you a ticket. Pretty sure Korean labor law allows for that, if only because they don't want to see western folk on the sidewalk with their hat out and a sign saying "Need Airfare Back to America" (Fill in your own country if it does not apply ...

Not a lawyer, but what I seem to know is that Korean law will take care of you. If you came here on someone else's ticket, they are obligated to send you home out of their checkbook. If I'm wrong, I'll be happy to be schooled ...

Just tryin' to help out here ...


thanks! I contacted Korean Legal Aid and was informed that the director is
responsible for my ticket home. Cool When the director told me the school was closing, also became a legal notice of release. That also makes the director responsible for paying me one months salary.
I'm afraid it's going to be a battle. I hate this!
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The Bobster



Joined: 15 Jan 2003

PostPosted: Wed Apr 11, 2007 10:04 pm    Post subject: Reply with quote

Glad to hear it if any of the info I gave proved to be of some help.

Very Happy
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wylies99



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

PostPosted: Wed Apr 11, 2007 10:15 pm    Post subject: Reply with quote

The good people at this site can answer legal questions, too.
http://www.efl-law.com/forum/
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Wed Apr 11, 2007 10:36 pm    Post subject: Reply with quote

I hope things go well. It will be a battle, good luck with it.
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