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tenchu77491
Joined: 16 Mar 2009
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Posted: Mon Mar 16, 2009 12:43 pm Post subject: [Question] Applying for a new E-2 after broken old contract. |
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Ok, first, here's what happened:
I worked from July 5th to December 5th of 2008. All working problems aside (there were many but I am tolerant and I didn't complain). I had some serious family problems. I had asked for vacation 3 months prior December and I was told it may be possible. However it became more and more clear that it was never going to happen. I accepted that fate, and tried to fix my home problems by shelling out large bank transfers (with the bombing Korean economy, it was not very fun to do). Then December rolled around and the family problem because very serious on a Friday night. I had no way to contact my school or anyone, I tried to contact my old recruiter but that was fruitless. I had to do something so I left Korea to fix my problem.
I know it seems insane and it was, but at the time I was not in the right state of mind. I actually planned on contacting the school but by the time I did the director was so pissed he basically banished me (I could have went back to work in maybe a week, but they wouldn't have that). So, I accepted it. For the next 3-4 months I fixed my family problem and secured it so it will never happen again. I loved working in Korea and I want to go back, so I tried to contact the old job to make sure he reported my leaving to immigration etc. I couldn't contact the school so I had a Korean friend contact the director for me.
Basically my director told him, 'everything is over, it's done. I reported to immigration he destroyed the contract.'. Now to me that sounds like I am not tied to that school any more (Q: not a letter of release issue?). I planned on talking to the school and paying any fees for the old airfare and what not, but seems like the school wanted nothing to do with me.
I contacted a Korean embassy and they told me, 'if there is no legal claim or something, then there is no problem, just apply for a new job.'. I expressed my concern for any problems resulting from the old broken contract and they simply said, 'just try an apply for a new visa and see.'. Is there a way to find out more concrete information about this?
My old director said it will be hard for me to get a job again, but I don't exactly see why. I mean if the matter of the old contract and visa is settled, then what concern is that to any new employer? I have an employer ready and willing to submit my documents and apply for the visa confirmation number (they are doing this as we speak). I have not told them about my previous employer for obvious reason. I never claimed to benefit from my old working experience, so why should I offer up a negative history? I am even taking a salary punch, 2.1 instead of 2.2 or 2.3 because of my experience. So I don't believe I have to tell them about it (specially if the matter is in fact 'over and done').
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Now the questions:
Is there a way to learn the exact condition of my visa/old contract? Learn if I am bound by anything currently?
Do I need a letter of release? Since I left the country and was reported to immigration I assume no...
My visa is still in my passport and it is labeled as good until July 09... but that is in my passport. My visa should be canceled in the 'system' correct? So there should be no problems when applying for a new one?
Is there a number or email I can contact to ask questions about my specific standing as far as the old contract/visa is concerned?
I hope to learn as much as I can, please feel free to post here or send a PM if you prefer.
Thanks in advance
PS
My previous school was an Avalon private school.
My new prospective employer is a public school.
When leaving Korea, I handed over my ARC and the woman wrote the old ARC number on my old visa. |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Mon Mar 16, 2009 3:44 pm Post subject: |
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It's iffy - you may be all right, or you may have to wait until July (after that you should completely clear, though). It might help to apply in a region that uses a different immigration office from your previous employer. |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Mon Mar 16, 2009 4:23 pm Post subject: |
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Yu_Bum_suk wrote: |
It's iffy - you may be all right, or you may have to wait until July (after that you should completely clear, though). It might help to apply in a region that uses a different immigration office from your previous employer. |
My previous one was in Incheon, my new one is in Seoul, Gyeongi-do? I assume it may be a new office, or a different branch. (I just did some quick googling and it appears there is an office located in Incheon and another office in Seoul.. so it may be a different office unless they traveled to Seoul to do it)
Is there any way to check and make sure I am in the clear or check if I have to wait? Could I call immigration (02-2650-6225 is their number I assume)?
== EDIT
I got an email from my old recruiter. I asked him to to help me get in contact with the old school and help sort this out and smooth out any problems. The old recruiter basically said to me:
The old director wants to be my new recruiter. My old visa is terminated and I can get a new visa (as long as I am not reported as a contract breaker). I can get a new job as long as it is not with them (not sure if this means the old recruiter or the old Avalon). The old Avalon has to give the 'ok' for any new job I get.
Does that make sense? His English is not very clear, but that's what I made of it. |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Wed Mar 18, 2009 6:18 pm Post subject: |
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Bump. I could use some help or insight! I don't know how this site handles bumps, but I waited 2 days and this site is very active, so this was pushed quite a few pages back.
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gregoriomills
Joined: 02 Mar 2009 Location: Busan, Korea
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Posted: Wed Mar 18, 2009 10:11 pm Post subject: |
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Yeah, there's no way to know for sure, I guess. Like previously said, after your one year is up (from initial employment) everything is good for sure. It's true, the old employer has to give the ok, because until 1 year, I believe it's seen as a transfer of employment, even if the contract/visa are terminated.
So I guess the question is: How much faith do you have in your old boss? I'd say that a phone call/email to him/her would be a reasonable route... even if he/she is mad at you. |
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gregoriomills
Joined: 02 Mar 2009 Location: Busan, Korea
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Posted: Wed Mar 18, 2009 10:12 pm Post subject: |
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Yeah, there's no way to know for sure, I guess. Like previously said, after your one year is up (from initial employment) everything is good for sure. It's true, the old employer has to give the ok, because until 1 year, I believe it's seen as a transfer of employment, even if the contract/visa are terminated.
So I guess the question is: How much faith do you have in your old boss? I'd say that a phone call/email to him/her would be a reasonable route... even if he/she is mad at you. |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Wed Mar 18, 2009 10:38 pm Post subject: |
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tenchu77491 wrote: |
Yu_Bum_suk wrote: |
It's iffy - you may be all right, or you may have to wait until July (after that you should completely clear, though). It might help to apply in a region that uses a different immigration office from your previous employer. |
My previous one was in Incheon, my new one is in Seoul, Gyeongi-do? I assume it may be a new office, or a different branch. (I just did some quick googling and it appears there is an office located in Incheon and another office in Seoul.. so it may be a different office unless they traveled to Seoul to do it)
Is there any way to check and make sure I am in the clear or check if I have to wait? Could I call immigration (02-2650-6225 is their number I assume)?
== EDIT
I got an email from my old recruiter. I asked him to to help me get in contact with the old school and help sort this out and smooth out any problems. The old recruiter basically said to me:
The old director wants to be my new recruiter. My old visa is terminated and I can get a new visa (as long as I am not reported as a contract breaker). I can get a new job as long as it is not with them (not sure if this means the old recruiter or the old Avalon). The old Avalon has to give the 'ok' for any new job I get.
Does that make sense? His English is not very clear, but that's what I made of it. |
Seoul uses a different immigration office, yes, so that should help. I personally would not have done anything to let your old employer know. Hagwon owners can be very vindictive little bastards and they *hate* to see employees go work for someone else. It's best that he think you've left the country for good. |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Wed Mar 18, 2009 10:52 pm Post subject: |
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I have heard other employees are leaving now, and the school is in a bit of a chaotic mess. I don't think it's because of me. I think it's just been slowly building up for a long time. So, I don't think he is worrying too much about me. At this time of the year, almost all of the old (6) foreigners have contracts that run out... I highly doubt the school can replace 6 people in 1-2 months. It took them more than 6 months to come up with 2 people. Maybe if that keeps up they will shut down before July anyway.
I did not tell them about my new employer or anything. I simply approached the old director in a way to say, "I want to make things better". I wanted to get a feel for what he did and how everything currently stands... not sure if it was a wise idea or not. I was just freaking out about what will happen with immigration.
If I do need his 'ok' for a new job. How do I do it? I ask him and he submits a document to immigration?
I doubt he has done anything since I left. I don't think I pushed him to do anything more about it. I am still treading carefully. My 'new' job is submitting my documents to immigration now... so I guess in 4-10 days I will see what happens. I am just worried what will I do if immigration says no... I am trying to find out as much as I can.
So if I need to 'transfer' the employer I will need a letter or something from my old director?
After the old visa runs out (July), I will not have to worry about this at all? I can simply apply the same way I did when I got the first job and not sweat any problems like this one now? |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Wed Mar 18, 2009 11:03 pm Post subject: |
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tenchu77491 wrote: |
I have heard other employees are leaving now, and the school is in a bit of a chaotic mess. I don't think it's because of me. I think it's just been slowly building up for a long time. So, I don't think he is worrying too much about me. At this time of the year, almost all of the old (6) foreigners have contracts that run out... I highly doubt the school can replace 6 people in 1-2 months. It took them more than 6 months to come up with 2 people. Maybe if that keeps up they will shut down before July anyway.
I did not tell them about my new employer or anything. I simply approached the old director in a way to say, "I want to make things better". I wanted to get a feel for what he did and how everything currently stands... not sure if it was a wise idea or not. I was just freaking out about what will happen with immigration.
If I do need his 'ok' for a new job. How do I do it? I ask him and he submits a document to immigration? |
You try to find someone who's actually not lying when he says 'I have a friend at immigration'. If your boss makes the right reports you could be screwed until your contract expires. I got my ex-boss to give me the OK but that was only after I made good on my threat to start calling parents with bilingual Korean friend. |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Wed Mar 18, 2009 11:07 pm Post subject: |
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Maybe I should cool off from him and the school until the documents go in and out of immigration?
If I get the visa number then I am completely in the clear? or should I worry about the consulate? |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Wed Mar 18, 2009 11:57 pm Post subject: |
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tenchu77491 wrote: |
Maybe I should cool off from him and the school until the documents go in and out of immigration?
If I get the visa number then I am completely in the clear? or should I worry about the consulate? |
Yeah, if you get the visa number you're pretty much in the clear. The consulate might interview you, during which they may ask about your previous employment. Just say whatever you think they want to hear and sound very positive about Korea. |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Thu Mar 19, 2009 12:03 am Post subject: |
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Yu_Bum_suk wrote: |
tenchu77491 wrote: |
Maybe I should cool off from him and the school until the documents go in and out of immigration?
If I get the visa number then I am completely in the clear? or should I worry about the consulate? |
Yeah, if you get the visa number you're pretty much in the clear. The consulate might interview you, during which they may ask about your previous employment. Just say whatever you think they want to hear and sound very positive about Korea. |
Thanks~ I will hang out 10 days or what ever and see how the visa number goes.
If there is any other information or insight it would be helpful!
Thanks a lot  |
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Kryten

Joined: 10 Nov 2008
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Posted: Thu Mar 19, 2009 3:38 am Post subject: |
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tenchu77491 wrote: |
The old director wants to be my new recruiter. My old visa is terminated and I can get a new visa (as long as I am not reported as a contract breaker). I can get a new job as long as it is not with them (not sure if this means the old recruiter or the old Avalon). The old Avalon has to give the 'ok' for any new job I get. |
Sounds like BS to me. He canceled your visa but now he's insisting on being your new recruiter? He has to give the 'ok'? If he canceled the visa, there's no need for him to do anything. I'd agree with YuBUmSuk in that you shouldn't have told him anything. He's probably going to try to screw you over in some way or take advantage of the situation so steer clear.
Who you talking with at Avalon, John? |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Thu Mar 19, 2009 7:33 am Post subject: |
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Well, I tried to talk to the director but seems he won't speak to me. I think I will just totally back off from them. I don't think he cares much since he didn't say much of anything.
I talked to him via a proxy, my friend and also my old recruiter. So, if he won't even speak to me or anything, not sure what is going on.
Hope if I back off everything will be ok~ |
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tenchu77491
Joined: 16 Mar 2009
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Posted: Thu Mar 19, 2009 4:33 pm Post subject: |
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I got this email from my old recruiter:
Yes, If (Your old director) let you go. you can get a new visa at any school.
But if you got a new position. the school or HakWon will call to (your old school, you left) school. casue Immigration will make a phone call to your new employer and to (your old school) school too before they release your visa confirmation number.
If both parties are on agreement. immigration will work without any problem.
That's Why you or i have to talk with (Your old director).
Other than that everything is fine to get a new visa.
Is he messing with me? If I was released then I should keep my mouth shut about this and let my new employer apply for the visa confirmation number, or should I tell this guy to talk to my old employer? I would rather keep my new employer in the dark about all of this if it's possible. I would also like to keep the old school out of this if possible.
What should I do? Tell him to help and talk to the old director, or tell him to back off and everything is ok? |
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