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Suwon4AGT
Joined: 26 Apr 2009
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Posted: Mon Jun 22, 2009 3:18 am Post subject: Hagwon Legality Questions |
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Hi.
I am beginning to suspect that the hagwon that I work for is one of those illegal hagwons. I have a bunch of questions, but I'll try to keep it simple..
First, I have been here for almost 4 months. I have, in fact, got my E-2 visa on a visa run to Japan set up by my boss (W/ help from my recruiters) about 3.5 weeks ago. But when I asked my boss if we could go to the immigration office so I can apply for my ARC, she told me that I needed to wait for one more week, because there are some documents that she needs to "get in order". From the very beginning, my boss has never worried about me getting my paperwork done quickly. I worked for my first 3 months without a visa and during those first 3 months, there were several occasions where I tried to get my visa run taken care of, but there was always some reason why I wasn't able to go.
I feel stupid, because there have been some weird revelations along the way. I could never figure out why, for example, why this particular hagwon is way out in the sticks of SW Suwon, when my boss isn't from the area herself. None of the kindergarteners (which makes up over half of the entire business), are from the area and are bussed in every morning. My boss told me that she has only been running her own hagwon for less than 2 years and that she hasn't been able to afford a more expensive building rental. But, now I question this a little because it seems to me that a hagwon director would want a good location (i.e. where the kids are) to run a business.
OK, so now my questions:
1. How would I go about finding out more information about this particular hagwon and its director without revealing my identity?
2. Worse case scenario: I find out that the hagwon isn't legit. What kind of trouble could I get into?
3. Worse case scenario again: what does this mean concerning my 1 year contract that I signed in March? I know back in the U.S., an illegal contract means no legal protection and, in effect, no real contract. My boss could royally screw me over and I would have no legal recourse. On the other hand, I could basically get up and leave at any time. But that wouldn't explain how she was able to get me an E-2 visa.
Now, I will add that I have always gotten paid on time and I have no personal conflicts with my boss. She is occasionally forgetful (which has to do with the fact that she teaches full time at the hagwon in addition to being the director), but in terms of meeting her end of the contract, I have had no problems there. Of course, I am only 3.5 months into this thing and any potential screw jobs would likely take place later. She also asked me if I was interested in prolonging my current contract.
As you can see, this is kind of a strange set of circumstances. I just don't really trust what is going on here. Any advice would be helpful.
Thanks in advance! |
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climber159

Joined: 02 Sep 2007
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Posted: Mon Jun 22, 2009 5:44 am Post subject: |
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My advice is that if you're employer has done one illegal thing, they'll do another without batting an eye. It's entirely possible that your director will not cheat you on money or your contract. But, since she's already had you working illegally for three months I would bet that she doesn't have any hang-ups about cheating you in the future. If you plan to be in Korea for at least another year I would get another job lined up for the fall semester, then hand in your resignation at your current employer and get out of there before anything terrible happens. |
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crossmr

Joined: 22 Nov 2008 Location: Hwayangdong, Seoul
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Posted: Mon Jun 22, 2009 7:25 am Post subject: |
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you could be in some trouble. If your employer had you working illegally its a tough situation. If you tell them you want to quit, they're going to tell you that they'll tell immigration you were working illegally. You'll be deported, they'll get a small fine/pat on the back depending
You might threaten to tell immi they hired you illegally and then its a game of chicken. either situation results in you being kicked out.
You might have to finish the contract and there will be no changing jobs without their permission. They have to give you a release letter if you have an E2. If they hold on to you, they could then turn around and screw you on pay for wanting to leave.
Don't make any rash decisions. |
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Suwon4AGT
Joined: 26 Apr 2009
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Posted: Mon Jun 22, 2009 4:35 pm Post subject: |
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crossmr wrote: |
you could be in some trouble. If your employer had you working illegally its a tough situation. If you tell them you want to quit, they're going to tell you that they'll tell immigration you were working illegally. You'll be deported, they'll get a small fine/pat on the back depending
You might threaten to tell immi they hired you illegally and then its a game of chicken. either situation results in you being kicked out.
You might have to finish the contract and there will be no changing jobs without their permission. They have to give you a release letter if you have an E2. If they hold on to you, they could then turn around and screw you on pay for wanting to leave.
Don't make any rash decisions. |
Yikes! I didn't even think about that part. My gut is telling me to bail, not just this job, but Korea as well. But I have attributed this to good ol' fashioned culture shock. |
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crossmr

Joined: 22 Nov 2008 Location: Hwayangdong, Seoul
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Posted: Mon Jun 22, 2009 4:51 pm Post subject: |
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The important thing is to always, always hold onto your passport. They have no reason to have it. If they say they need your visa for something, go make a photo copy.
If things get fishy, bail on a Saturday right after pay day as is often recommended.
If they pay you right along and everything seems okay, you might want to finish the contract and look for something much better. |
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Chambertin
Joined: 07 Jun 2009 Location: Gunsan
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Posted: Mon Jun 22, 2009 5:10 pm Post subject: |
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What does your visa say?
If you have a valid visa it should be no problem to get an ARC by your self.
I think you should go and try to get the ARC, if you run into trouble then you don�t look like the bad guy. �I was trying to respect the great sovereign nation of Korea.� Repeat that in the mirror 3 times a day so you are ready to say it straight laced in any situation.
Seriously though, if you are following procedure and get caught its much better than being caught with your pants down. Then any crap the school can try to feed the authorities is partially nullified. At the moment they can try to play dumb.
If that don�t work, get out. If you don�t want to get out at midnight on payday, then I highly recommend you don�t mention this job by name on your resume.
Say you work until completion and manage to get out of country un-noticed, when you start listing the job on all your forms all it takes is a couple keystrokes to find all the mistakes that were missed the first time.
Again,
Fix it now or forget it ever happened.
Also remember this is advice based on my experience with general Asian visa, immigration issues. I have not specifically dealt with Korean authorities yet. |
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Suwon4AGT
Joined: 26 Apr 2009
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Posted: Mon Jun 22, 2009 6:34 pm Post subject: |
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Chambertin wrote: |
What does your visa say?
If you have a valid visa it should be no problem to get an ARC by your self.
I think you should go and try to get the ARC, if you run into trouble then you don�t look like the bad guy. �I was trying to respect the great sovereign nation of Korea.� Repeat that in the mirror 3 times a day so you are ready to say it straight laced in any situation.
Seriously though, if you are following procedure and get caught its much better than being caught with your pants down. Then any crap the school can try to feed the authorities is partially nullified. At the moment they can try to play dumb.
If that don�t work, get out. If you don�t want to get out at midnight on payday, then I highly recommend you don�t mention this job by name on your resume.
Say you work until completion and manage to get out of country un-noticed, when you start listing the job on all your forms all it takes is a couple keystrokes to find all the mistakes that were missed the first time.
Again,
Fix it now or forget it ever happened.
Also remember this is advice based on my experience with general Asian visa, immigration issues. I have not specifically dealt with Korean authorities yet. |
What do I look for on my Visa? I got my passport stamped in Osaka a few weeks ago (if that makes any difference). The reason I agreed to come here and work without my visa was because I was assured by a recruiter and the director that it was ok to work for the first 90 days until I got my E2 visa. Now I have it.
This might sound like a total whacko conspiracy thought, but what a perfect way to trap a foreigner into a no-win situation. I do know that she has had problems keeping a native teacher around. She claims that the other teachers had problems getting their visa and couldn't stay. So, she flys me here to Korea, I work without a visa for 90 days, and now I'm forced to either stick out my contract or go home.
Here's the part that really sucks. I have no problem dumping this silly kindergarten job or bailing Korea. What sucks is that I haven't been here long enough to save up enough money to relocate back in the U.S. - not with this economy. That's really the dilemna I'm in. Financially, I'd be better off sticking out my contract, knowing I might get screwed out of some money along the way. But so sad to say, it beats the bread lines back home. |
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crossmr

Joined: 22 Nov 2008 Location: Hwayangdong, Seoul
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Posted: Mon Jun 22, 2009 7:26 pm Post subject: |
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Suwon4AGT wrote: |
What do I look for on my Visa? I got my passport stamped in Osaka a few weeks ago (if that makes any difference). The reason I agreed to come here and work without my visa was because I was assured by a recruiter and the director that it was ok to work for the first 90 days until I got my E2 visa. Now I have it.
This might sound like a total whacko conspiracy thought, but what a perfect way to trap a foreigner into a no-win situation. I do know that she has had problems keeping a native teacher around. She claims that the other teachers had problems getting their visa and couldn't stay. So, she flys me here to Korea, I work without a visa for 90 days, and now I'm forced to either stick out my contract or go home.
Here's the part that really sucks. I have no problem dumping this silly kindergarten job or bailing Korea. What sucks is that I haven't been here long enough to save up enough money to relocate back in the U.S. - not with this economy. That's really the dilemna I'm in. Financially, I'd be better off sticking out my contract, knowing I might get screwed out of some money along the way. But so sad to say, it beats the bread lines back home. |
If you aren't attached to Korea, then you should look for a job in another country. You're here now. A plane ticket to taiwan is much cheaper from Korea than the US. Start poking around other countries, as long as you're qualified and can get something, do up the paperwork and head there. Set up your move date for the saturday after payday and get out. Its absolutely not okay to work the first 90 days without a visa, and once you're out, you really should post this information somewhere, and honestly once you're out of Korea and with no intentions of coming back you should contact immigration. Dirty schools and recruiters ruin it for everyone. |
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Chambertin
Joined: 07 Jun 2009 Location: Gunsan
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Posted: Mon Jun 22, 2009 7:31 pm Post subject: |
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This is an example of a visa, yours may look different.
http://south-korea.visahq.com/information/
What�s important about any of them is found on lines 18, and 12 in the picture. If your stamp, or affixed papers have C-1 or C-2 then you are not under the proper visa status for long term employment.
Also see:
http://www.koreaembassyusa.org/
The site is flash, so click English, then scroll down to visa (near bottom of the left menu)
You will see a list of doc�s required for the E-2 visa (the one you should use and are eligible for ARC) It is possible you re-entered under a second C class visa for 90 days of general short term non contract business. (for people who regularly visit Korea to assist companies, sort out problems, or invest in business matters, not teach)
Look at date of issue and length of the visa. I also stress that you secure in writing the agreement with yoru school. There is nothing to stop them from kicking you out of your apartment if you are not in a proper contract or visa status. In other words they are saying: "Sure you can stay that extra month, but not in our apartment." just leaving off the second half so you dont get pissed.
As I said before you have two options.
Fix it now or ignore it forever.
I hope this helps. |
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Suwon4AGT
Joined: 26 Apr 2009
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Posted: Mon Jun 22, 2009 9:14 pm Post subject: |
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Thanks to both Chambertin and Crossmr for this valuable information. I will look at my visa stuff when I get home tonight. I won't make any rash decisions, and I am certainly not going to jump on an airplane tonight.
Thanks again! |
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