Korean Job Discussion Forums

[eslisez]

Hi,

I am currently ending my contract for a hagwon in Seoul. I gave 45 days notice, as was detailed as the proper notice on my contract. I also reimbursed my employer fully for his expenses. Now, my date of departure is nearing, but he says that he doesnt believe that he needs to give me a letter of release. He suggests that I stick around until it is convenient for him to let me go. Then he says he will give me a letter of release. He naturally won't give me any dates that he thinks this will happen. I have not registered for my ARC yet with him, as I knew immediately that this position would not work out.

Does he owe me a letter of release or not (legally)

Can I Let my 90 days expire from my arrival date and get a new visa if he is trying to hold on to my against my will isntead of registering my ARC

What are my options if there are any others. I really want to stay in Korea and work, but I have to get out of this position. I can't work with these kids, or this employee staff.

Thanks, you guys are life savers.

[icicle]

He doesn't need to register your ARC - That is something that you need to do - within 90 days of arriving - OR it is you that will face the consequencing of not having done it - You just need his business registration certificate and you can go to the appropriate immigration office by yourself and apply for it - Along with your passport a couple of photos, your health exam results, application form and the 10,000 won fee.

[soviet_man]

If the 45 days notice is greater than the 90 day ARC requirement, then you have no choice but to get the ARC and a letter of release. If it doesn't, then you are not obligated to do so.

In theory, if a single entry E2 expires at the 90 day point without being registered to an ARC, then yes - the whole visa is expired and the letter of release becomes obsolete.

I've been in that situation - I let the 90 days expire and it did not prevent a future E2 being issued (of course this was about 2 years back before all the new rules).

Either way you will have to leave and re-enter. Good luck.

[lfell428]

I was just in an identical situation to yours.

I was at a hagwon that I just knew was not going to work out (I won't get into details). I already had my ARC card however when I gave my notice. You HAVE to get it in writing that you will get your letter of release on a certain date. If this owner is not willing to give you a last day, threaten to walk out. These hagwons care only about money and their image, and it looks bad for them if someone quits.

Write out your own new contract stating that you will stay until a certain date (that you and the owner agree upon) and on that date, you will receive the LOR.

Once you get that, you bring it to immigration with a representative from your school (it doesnt have to be the owner...i went with a secretary). Then you can ask for a 30 day visa extension. You may have to explain why you are quitting your job. Come up with a believable excuse that you can also mention in front of your rep. From that, they will give you 30 days to get out of the country. In that 30 days, you can find a new employer, sign a new contract and your new employer will bring all of your documents to immigration.

Lucky for you, since you havent been here long, you don;t need the criminal background check again. You can use the old one if you've been here less than 3 months without leaving the country. Make sure you have ALL of your documents you used for your previous E2 and then you can wait for the visa issuance number. From then on, you can go to Japan (your new employer will pay for the trip) and come back with the visa. The Korean embassy in Japan hands you your visa.

A tip: make sure you mention in your letter of release (or in person to the immigration officer) that you paid back the money you owed to the school and you gave them over 45 days notice. They will note that you are responsible and won't have a problem handing over the visa extension. Just make sure they don't have a full-blown conversation in Korean with no translating. It might be wise to bring a friend/someone you know with you that can translate what they are saying...in my situation, my school told immigration i was a runner and was abandoning the school even though I gave a 50 day notice and paid them over $3000 in all of the costs possible for me.

Hope this helps! Good luck with the new visa!