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Discussions about legal issues regarding visas
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rollo



Joined: 10 May 2006
Location: China

PostPosted: Wed May 27, 2009 8:11 pm    Post subject: Reply with quote

Slugger, this debate is sort of derailing the topic. but i will write this. F visa who are teaching , most or all of them at one time were e-2 visa holders. They have a paper trail in Korea. they h ave a background that is much easier to check. they are a known quanity. They still have to submitt to much of the testing that e-2's have to. Also they have other rquirements to meet. Also they are vouched for by a Korean, their spose and spouse's family.

The topic is what is A.t.e.K. going to do next. Will they hold elections ever. Will they clean up the ethical problems within the group. Almost every poster on this board's problem with A.T.E.K is they want to be an advocacy group without a mandate. They also seem to not understand how it appears when they start wanting to "teach" Koreans how to protect their children and goven their country. Also Wagner who is not a teacher and has been in korea a very short while and who obviously was not objective in his report. he has an agenda . A reprinting and retitling of the guide book. Get out of the advocacy busines untill an election, is held. Rethink attitudes toward korea and koreans. People who a rmarried to koreans have children with Korean blood are offended by the title of the book. They are offended at the constant pointing out of rascism by koreans. they ae ofended at the belittling language used about koreans and the Korean government. Much of what i use to see as exenophobia and rascism i now see as cultural clumsiness and my own closemindedness . have no doubt i think there is a strong strain of exonophobia in korea. I alos see a lot of kindness and often a lot of tolerance. A.T.E.K seems to be looking for a fight, well Koreans never surrender. The will win any battle you choose! Sorry for the rant. A.T.E.K. needs to hold an election, get" away from WAgners report! Choose your fights carefully. No more Announcements to the media!!!! The guide book is a good idea no doubt just clean up the problems!!!
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broken76



Joined: 27 Jan 2008

PostPosted: Wed May 27, 2009 10:34 pm    Post subject: Reply with quote

Now here's an interesting thought on the medical checks done in Korea. All E2s need to fill and sign a medical checklist before coming to Korea as part of the Visa paperwork.
So if a teacher lies or misinforms immigration on this would it not be legal for immigration without discrimination or any human rights abuses to expel someone from the country?
Then doesn't that make the medical check simply verifying what the E2 applicant has already stated was true.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Thu May 28, 2009 2:17 am    Post subject: Reply with quote

pocariboy73 wrote:
The Edited version of the Wagner Report has been posted at:

http://populargusts.blogspot.com/2009/05/nhrck-report.html

There is an "interesting" discussion going on between some posters and Wagner. The discussions tell a lot about the Human Rights Lawyer who we are dealing with and his attitude towards the expats who had the most to lose during their ECFA campaign.

Wagner seems more than willing to ambiguously answer questions in a round-about fashion regarding the �Edited� version of the Report. He might even meet you in person if you so desire and discuss the �Edited� version too.

As for obtaining a copy of the Original Report or even having a look at it, don't count on it. It's top secret and classified Rolling Eyes



UPDATE: As another poster noticed, Wagner has deleted his offensive and controversial posts from the website. I assume he had second thoughts about who might view them. Clever move on his part.


Well some of it still is on there including where he question whether you are or aren't a 13 year old girl from Topeka Kansas. It's right up there with Tony's troll comments.
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pocariboy73



Joined: 23 Jan 2003

PostPosted: Thu May 28, 2009 2:30 am    Post subject: Reply with quote

Milwaukiedave wrote:
pocariboy73 wrote:
The Edited version of the Wagner Report has been posted at:

http://populargusts.blogspot.com/2009/05/nhrck-report.html

There is an "interesting" discussion going on between some posters and Wagner. The discussions tell a lot about the Human Rights Lawyer who we are dealing with and his attitude towards the expats who had the most to lose during their ECFA campaign.

Wagner seems more than willing to ambiguously answer questions in a round-about fashion regarding the �Edited� version of the Report. He might even meet you in person if you so desire and discuss the �Edited� version too.

As for obtaining a copy of the Original Report or even having a look at it, don't count on it. It's top secret and classified Rolling Eyes



UPDATE: As another poster noticed, Wagner has deleted his offensive and controversial posts from the website. I assume he had second thoughts about who might view them. Clever move on his part.


Well some of it still is on there including where he question whether you are or aren't a 13 year old girl from Topeka Kansas. It's right up there with Tony's troll comments.


Yah, but those comments are nothing compared to the out-right nonsense he was posting late last night and today.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Thu May 28, 2009 4:20 am    Post subject: Reply with quote

pocariboy73 wrote:
Milwaukiedave wrote:
pocariboy73 wrote:
The Edited version of the Wagner Report has been posted at:

http://populargusts.blogspot.com/2009/05/nhrck-report.html

There is an "interesting" discussion going on between some posters and Wagner. The discussions tell a lot about the Human Rights Lawyer who we are dealing with and his attitude towards the expats who had the most to lose during their ECFA campaign.

Wagner seems more than willing to ambiguously answer questions in a round-about fashion regarding the �Edited� version of the Report. He might even meet you in person if you so desire and discuss the �Edited� version too.

As for obtaining a copy of the Original Report or even having a look at it, don't count on it. It's top secret and classified Rolling Eyes



UPDATE: As another poster noticed, Wagner has deleted his offensive and controversial posts from the website. I assume he had second thoughts about who might view them. Clever move on his part.


Well some of it still is on there including where he question whether you are or aren't a 13 year old girl from Topeka Kansas. It's right up there with Tony's troll comments.


Yah, but those comments are nothing compared to the out-right nonsense he was posting late last night and today.


Too bad you hadn't copied the stuff. It's downright ridiculous that a law professor would say stuff like that. You'd think he'd know better.
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pocariboy73



Joined: 23 Jan 2003

PostPosted: Thu May 28, 2009 5:03 am    Post subject: Reply with quote

Milwaukiedave wrote:
pocariboy73 wrote:
Milwaukiedave wrote:
pocariboy73 wrote:
The Edited version of the Wagner Report has been posted at:

http://populargusts.blogspot.com/2009/05/nhrck-report.html

There is an "interesting" discussion going on between some posters and Wagner. The discussions tell a lot about the Human Rights Lawyer who we are dealing with and his attitude towards the expats who had the most to lose during their ECFA campaign.

Wagner seems more than willing to ambiguously answer questions in a round-about fashion regarding the �Edited� version of the Report. He might even meet you in person if you so desire and discuss the �Edited� version too.

As for obtaining a copy of the Original Report or even having a look at it, don't count on it. It's top secret and classified Rolling Eyes



UPDATE: As another poster noticed, Wagner has deleted his offensive and controversial posts from the website. I assume he had second thoughts about who might view them. Clever move on his part.


Well some of it still is on there including where he question whether you are or aren't a 13 year old girl from Topeka Kansas. It's right up there with Tony's troll comments.


Yah, but those comments are nothing compared to the out-right nonsense he was posting late last night and today.


Too bad you hadn't copied the stuff. It's downright ridiculous that a law professor would say stuff like that. You'd think he'd know better.


I didn't bother saving a screenshot as I could care less about looking at it again.


Last edited by pocariboy73 on Sat Jul 04, 2009 5:37 pm; edited 3 times in total
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Bronski



Joined: 17 Apr 2006

PostPosted: Thu May 28, 2009 5:38 am    Post subject: Reply with quote

T-J wrote:
Bronski wrote:
T-J wrote:
ATEK is speaking for you. You will be judged by what they say for you.

Think Korea isn't paying attention?


Translate please. I just got "foreigner" and I felt the tone implied by scary red letters.


ATEK provides translation services, go ask them. I'm out of this train wreck. I tried speaking to the supporters of ECFA, I'll be focusing my attention in different areas in the future.

I'm going to be busy tomorrow informing all the mothers that meet in the mornings at my son's school that the foreign teacher at XX elementary school has an organization demanding that she not be drug tested or have an HIV test. I'm sure that after that discussion we will be meeting with the principal of the school.

She as a teacher in Korea has rights, the rules were explained to her before she applied for the job and she accepted them. We as parents have rights as well.


Okay, I decided to stop waiting on that translation because I figured you probably don't actually know what it says. I did it myself, to the best of my limited ability. I was able to find some of the key words in an online dictionary, and the gist is something like, "Fingerprint foreigners. They're a danger to security. Exile unlawful residents." I figured it was something like that, but was just curious about the specifics.
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Arthur Dent



Joined: 28 Mar 2007
Location: Kochu whirld

PostPosted: Fri May 29, 2009 2:46 am    Post subject: Reply with quote

Bronski:

You can probably get the same information at the link below. There were two articles in the Korea Herald about this. One on December 29th, 2008 (probably the one below) and the latest on April 4th 2009. I couldn't find the online source at the Herald site but I still have the paper version.


http://migrant.kr/?mid=englishnews&page=5&listStyle=webzine&document_srl=16930&cpage=

Japan and the US have already instituted similar policies, the EU is considering them, and I have heard - though I cannot confirm this - that the U.K. has already done something similar.

It may lack the editorial comment of the article TJ referred you to, but you can get the general idea.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Fri May 29, 2009 3:43 am    Post subject: Reply with quote

This fingerprinting issue has been in place in Japan for well over a year. They also take your picture on entry to the country.

I visited Japan this week for work and stopped there last year as well. I was fingerprinted and photographed each time.

Korea, if it adopts this, is only folling a trend initiated by other contries, namely the US.

This is not a Human Rights Issue..it is national immigration and entry policy. A sovereign state has the right to decided how they screen people who wish to enter their borders.
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broken76



Joined: 27 Jan 2008

PostPosted: Fri May 29, 2009 8:00 pm    Post subject: Reply with quote

Considering that Koreans have their fingerprints on file I think the whole fingerprinting thing is a non-issue.
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pagehamilton



Joined: 02 Jul 2008

PostPosted: Mon Jun 01, 2009 10:07 am    Post subject: (regardless of the issue) Why slam ATEK? Reply with quote

There�s some Tony Hellman hating going on here so........ here�s my stance on him (regardless of the actual issue) for what its worth :

As a foreigner having trouble with your boss in Korea you officially have two options :

A) The immigration hotlines that never answer / deliberately tell you things that don�t reflect the law just to make their life easier or B) The global help center

Now, when Koreans get ripped off in Yongsan they just accept it. They never think about causing a scene to get their money back (or fighting back at their mean boss at work or whatever). They just accept all these things because Koreans never want to rock the boat - EVER. And so, as nice as the global help center staff are, they don�t really tell you anything really useful when you�re in real trouble, they just set you up to roll over.

Tony however, REALLY TELLS YOU WHAT�S LEGALLY PERMISSIBLE. I once worked for a NIGHTMARE school that was making me physically ill. Tony asked to see my contract online, was prompt to respond (within an hour!) concise with his advice and above all - RIGHT ON THE MONEY. He really knows the law and is happy to tell you in a nutshell for nothing. NO COST.

When you have all these other official sources telling you that �the rules� are to the contrary of Tony�s advice, DON�T LISTEN TO THEM. Tony helped me totally screw my nightmare employer and get out of a seriously tight spot. Global help center would have had me sell myself down the river just to avoid causing offense to someone they don�t even know. Nobody in Korea wants to risk their reputation by operating outside acceptable forms of behaviour (like, you know, ACTUALLY FOLLOWING WHAT THE LAW STATES OR SOMETHING!!!). When it comes down to it, he's one of the only people out there genuinely trying to help us out on all these issues.

All you guys slamming him on this post : Where were YOU when I was going through all this? And how much have you extended yourself to making yourself available to us helping us all out at the drop of a hat?

Oh.......... I see! BIG SILENCE!

Tony Hellmann ladies and gentlemen. Call him. He may not have tons of time to talk, but then he�s NOT GETTING PAID ANYTHING to give you the long and short of it. Face it, you wouldn�t get that from any legal man back home. Be thankful. I for one SERIOUSLY SERIOUSLY am.
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T-J



Joined: 10 Oct 2008
Location: Seoul EunpyungGu Yeonsinnae

PostPosted: Mon Jun 01, 2009 4:45 pm    Post subject: Re: (regardless of the issue) Why slam ATEK? Reply with quote

Oh where to begin? I try not to cut up quotes, but sometimes you just have to.

pagehamilton wrote:

There�s some Tony Hellman hating going on here so........ here�s my stance on him (regardless of the actual issue) for what its worth :


I have problems with what Tony has done not with him as a person. I think most are in agreement with that.
pagehamilton wrote:

As a foreigner having trouble with your boss in Korea you officially have two options :

A) The immigration hotlines that never answer / deliberately tell you things that don�t reflect the law just to make their life easier or B) The global help center

This is incorrect. Disinformation is one of the problems that people have had with ATEK to this point.

pagehamilton wrote:

Now, when Koreans get ripped off in Yongsan they just accept it. They never think about causing a scene to get their money back (or fighting back at their mean boss at work or whatever). They just accept all these things because Koreans never want to rock the boat - EVER. And so, as nice as the global help center staff are, they don�t really tell you anything really useful when you�re in real trouble, they just set you up to roll over.


Hardly even dignifies a response. I'm sure you yourself regret writing it after rereading it and seeing the sweeping generalizations you use to perpetuate stereotypes. You have done nothing with this but to display your ignorance about Korea. We'll move on.

pagehamilton wrote:

Tony however, REALLY TELLS YOU WHAT�S LEGALLY PERMISSIBLE. I once worked for a NIGHTMARE school that was making me physically ill. Tony asked to see my contract online, was prompt to respond (within an hour!) concise with his advice and above all - RIGHT ON THE MONEY. He really knows the law and is happy to tell you in a nutshell for nothing. NO COST.

When you have all these other official sources telling you that �the rules� are to the contrary of Tony�s advice, DON�T LISTEN TO THEM. Tony helped me totally screw my nightmare employer and get out of a seriously tight spot. Global help center would have had me sell myself down the river just to avoid causing offense to someone they don�t even know. Nobody in Korea wants to risk their reputation by operating outside acceptable forms of behaviour (like, you know, ACTUALLY FOLLOWING WHAT THE LAW STATES OR SOMETHING!!!). When it comes down to it, he's one of the only people out there genuinely trying to help us out on all these issues.

Glad he was able to help you. However to make the leap of logic that he is the best choice to help foreigners based on your experience again displays your inexperience.

pagehamilton wrote:

All you guys slamming him on this post : Where were YOU when I was going through all this? And how much have you extended yourself to making yourself available to us helping us all out at the drop of a hat?

Oh.......... I see! BIG SILENCE!

Sorry, I didn't get the memo that we were expected to be on beck and call to help you. One of the things that so many people bound for Korea overlook is that there are great opportunities here. There are also great risks. More often than not the two go hand in hand. If you didn't realize that you didn't do your homework. Learn from your mistake and go home.
pagehamilton wrote:

Tony Hellmann ladies and gentlemen. Call him. He may not have tons of time to talk, but then he�s NOT GETTING PAID ANYTHING to give you the long and short of it. Face it, you wouldn�t get that from any legal man back home. Be thankful. I for one SERIOUSLY SERIOUSLY am.

Tony Hellman is not a "legal" anything. He has done a lot of work trying to help organize ATEK, I give him credit for making that effort. However his inexperience in dealing with Korea and expats in Korea have unfortunately led to serious mistakes that ATEK and its leadership have yet to fully come to grips with.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Jun 01, 2009 6:50 pm    Post subject: Re: (regardless of the issue) Why slam ATEK? Reply with quote

pagehamilton wrote:
There�s some Tony Hellman hating going on here so........ here�s my stance on him (regardless of the actual issue) for what its worth :

As a foreigner having trouble with your boss in Korea you officially have two options :

This is completely untrue. You have far more options. Having Korean friends is one of them. Growing a pair and dealing with the owner yourself is another...need I go on?

A) The immigration hotlines that never answer / deliberately tell you things that don�t reflect the law just to make their life easier or B) The global help center

Now, when Koreans get ripped off in Yongsan they just accept it. They never think about causing a scene to get their money back (or fighting back at their mean boss at work or whatever). They just accept all these things because Koreans never want to rock the boat - EVER.

Again this is not true. I have had Korean friends help me against a bad boss when I was a newbie.

And so, as nice as the global help center staff are, they don�t really tell you anything really useful when you�re in real trouble, they just set you up to roll over.

Tony however, REALLY TELLS YOU WHAT�S LEGALLY PERMISSIBLE. I once worked for a NIGHTMARE school that was making me physically ill. Tony asked to see my contract online, was prompt to respond (within an hour!) concise with his advice and above all - RIGHT ON THE MONEY. He really knows the law and is happy to tell you in a nutshell for nothing. NO COST.

Which I do (used to do anyway) on the contract thread.

When you have all these other official sources telling you that �the rules� are to the contrary of Tony�s advice, DON�T LISTEN TO THEM. Tony helped me totally screw my nightmare employer and get out of a seriously tight spot. Global help center would have had me sell myself down the river just to avoid causing offense to someone they don�t even know. Nobody in Korea wants to risk their reputation by operating outside acceptable forms of behaviour (like, you know, ACTUALLY FOLLOWING WHAT THE LAW STATES OR SOMETHING!!!). When it comes down to it, he's one of the only people out there genuinely trying to help us out on all these issues.

Like I said, this is simply not accurate.

]All you guys slamming him on this post : Where were YOU when I was going through all this? And how much have you extended yourself to making yourself available to us helping us all out at the drop of a hat? ]

Where is your post about these troubles? Did you post on Dave's when you were having trouble...or were we expected to read your mind?

Oh.......... I see! BIG SILENCE!



Tony Hellmann ladies and gentlemen. Call him. He may not have tons of time to talk, but then he�s NOT GETTING PAID ANYTHING to give you the long and short of it. Face it, you wouldn�t get that from any legal man back home. Be thankful. I for one SERIOUSLY SERIOUSLY am.


In your post you rant and rave about us slamming Tony, but your post is entitled why slam ATEK.
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pagehamilton



Joined: 02 Jul 2008

PostPosted: Tue Jun 02, 2009 1:09 am    Post subject: where's " "TheUrbanMyth" and "T-J" Reply with quote

However to make the leap of logic that he is the best choice to help foreigners based on your experience again displays your inexperience.

Well, in the end thats EXACTLY WHAT HE WAS. Global help meant well, but when push came to shove......... they weren't of much help to be honest. "Korean friends" aren't always legally clued up either, so thats that one out the window - (DUH!!!!)

Just go away and just consider what I'm saying : I was having some real trouble and needed help. ATEK just fell into my lap. I'd never even heard of them before but out of all my options he was by far the most effective one in the end. He was just great.

In fact, I thought he was so good that I'm back here trying to spread the word to others about ATEK : talking with Tony is one of the best moves you can make when you're in trouble. Straight up.

Anything else is just a bunch of useless posing and mouth running.
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bassexpander



Joined: 13 Sep 2007
Location: Someplace you'd rather be.

PostPosted: Tue Jun 02, 2009 4:51 am    Post subject: Reply with quote

http://www.koreatimes.co.kr/www/news/nation/2009/06/117_46121.html

Quote:
[Exclusive] Teachers to Go to Court Over Visa Rule

By Kang Shin-who
Staff Reporter

A group of human rights lawyers plan to file a petition with the Constitutional Court against what they call discriminatory visa rules that require foreign English teachers to submit documents on health checks and criminal records.

Chang Suh-yeon, an attorney with the Korean Public Interest Lawyers Group ``Gong-Gam,'' told The Korea Times Tuesday that her group will take the issue to the court this week or next.

``The visa law violated the Constitution that guarantees a basic right to freedom, equal treatment, the pursuit of happiness and the protection of privacy,'' Chang said.

``The visa law is based on vague prejudice and bias that foreign English teachers have disordered sex lives and use drugs,'' she added.

Under the immigration law, applicants for an E-2 English teaching visa have been required to submit documents on criminal records and health checks since December 2007 after the arrest in Thailand of pedophile suspect Christopher Neil, who had once taught children in Korea.

A foreign teachers group has already filed complaints with the National Human Rights Commission of Korea (NHRCK), claiming the visa regulations were discriminatory.

The human right agency plans to hold a public hearing on the issue late this month in order to finalize an official position as early as July.

``A subcommittee consisting of three members will rule on the complaint. If there are conflicts among the panel members, the petition will be forwarded to a larger committee consisting of 11 members,'' said Lee Sung-taek, an official of the state agency.

If it backs the foreign teachers group, it is likely to push the Ministry of Justice to revise the related law and also influence future rulings by the Constitutional Court.

E-2 visa holders have contended that the government should apply the same visa screening rules to foreign English teachers holding other visas, urging the government to use the same restrictions on teachers holding E-1 (professorship), F-2 (spouse of a Korean) or F-4 (ethnic Korean) visas. They made it clear that they don't oppose background checks as a rule..............
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