Korean Job Discussion Forums

Adventurer · Joined: 28 Jan 2006

I was working at another hagwon. At the 9th month, I switch schools, and I gave immigration my alien card, my visa, and they didn't extend my stay for a year, and now they've classed me as having overstayed for a month, though I gave them a one-year contract, and now they want me to pay 100,000 won fine. They should pay me the money for wasting my time. It's not the end of the world, but it makes no logical sense not to look at the contract. All they did was change my place of work. I can't speak Korean, and my employer wasn't with me, he told me to handle it on my own. Still, a contract is for one year. It's common sense.

Juregen · Joined: 30 May 2006

Here the best solution is to point out that there was a clerical mistake on the side of Immigration, and that you cannot be held responsible for those mistakes.

I suggest bringing your phone, so you can have your boss on the phone and explain the situation in more adequate terms.

Getting them to admit it was a mistake will be the hardest part.

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

Adventurer,

PM sent

If you are no longer working with your previous hagwon, then that hagwon should have canceled your visa then. Otherwise, the visa would have been transferred to your new school. This is where the immigration could be at fault, because if your hagwon didn't cancel the visa then immigration should have listed all your working places on the back on the ARC card.

What I am getting at is, if the back of the ARC card doesn't have your hagwon address on it, then they are acknowledging (in my opinion) that you are NO longer working there. Therefore, you would need a new contract in order to be allowed to continue working. They don't have a new contract which you signed to work for only 3 months (BINGO!!!). You gave a contract for 12 months I assume. That should be enough to at least show them in the wrong. Whether or not they will admit it is another story.

Anyway 100,000 isn't that bad. At least they aren't threatening to deport you.

Big Mac · Joined: 17 Sep 2005

My understanding (and perhaps I am wrong about this) is that immigration doesn't extend your Visa according to your contract, it only transfers the Visa to your new employer. Your Visa expires at the same date it would have if you stayed at your old workplace. At that point you have to apply for a new extension.

Perhaps it wasn't immigration who made a clerical error, but you who misunderstood the Visa rules.

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

lifeinkorea · Joined: 24 Jan 2009 Location: somewhere in China

Adventurer · Joined: 28 Jan 2006

Adventurer · Joined: 28 Jan 2006

OculisOrbis · Joined: 17 Jul 2006

Did you check both boxes on the application paper? one for alteration of workplace and the other for extension of sojourn....if you only checked the workplace box, then they did exactly what you requested of them. The form is in english. I'd like to defend you on this, but I don't think I can.....

How much did you pay when you were there to change employers? It's 60 000 won to add/alter your workplace and an additional 30 000 to extend your sojourn. The price will also indicate the services provided to you.

The third indication would have been your Alien card. You would have seen a new date written written on the back that matched your new contract if they had extended your sojourn.

Adventurer · Joined: 28 Jan 2006

meangradin · Joined: 10 Mar 2006

you should make sure that this does not result in a criminal record offense, which would have dire consequences if you plan to get a new visa in the future. A friend forgot to hand over her ARC card when leaving Korea, and viola, she now has a criminal record in Korea and can't get a new visa.

OculisOrbis · Joined: 17 Jul 2006

I agree with you that it would only make sense to change the dates along with employer, but as I have said before - Korea is the place where logic goes to die.

Ultimately, and unfortunately, it was up to you make sure you status was intact for your time here. It was mentioned before that immi transfers the employer, but doesn't grant the extension unless you specifically request it on the form. I can attest to that - I have been through the process twice personally.

You have my sympathies because if you plan to continue on in Korea for another contract, all of your immigration dealings will be a pain in the ass for you in the future because of this one blackmark on your record - especially if you try to change employers again or apply for a new visa. I have four friends in the last six months that had issues with immi for similar overstays - even one day is too much.

BTW it would have cost you 90 000 if they had changed your employer and extended your sojourn in the same visit.

One other thing I thought of is that immi sends out a notice to all foreigners a month before their visa is going to expire (E-2 at least). Did immi have your current address at that time? Did they send it to your old or new school? I also recieved a text and an email to notify me when the came close to that time.....it seems like they do try to give more than fair warning.

Adventurer · Joined: 28 Jan 2006

OculisOrbis · Joined: 17 Jul 2006

Immigration will not admit to making a mistake, nor will they accept any responsiblity for any mistakes. Especially in this case since they just were plain not at fault.

You will have to pay the fine. You will have a blackmark. It will stay on your record. Sucks, but thats the way it is.

Adventurer · Joined: 28 Jan 2006