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Teachers Fight Over 'Unfair' Visa Rule

The Constitutional Court will review whether visa regulations requiring foreign English teachers to undergo HIV or drug test is discriminatory or not.

By Kang Shin-who
Staff Reporter

A group of lawyers filed a petition Thursday with the Constitutional Court against newly implemented visa regulations requiring foreign English teachers to undergo HIV and drug tests.

The Korean Public Interest Lawyers Group Gong-Gam said it started the legal fight at the request of Andrea Vandom, an English instructor at Chung-Ang University.

But the lawyers said the action is on behalf of all foreigners here who might face discriminative treatment due to the regulations.

``The visa rules are against the Constitution, which guarantees the rights of freedom, equal treatment and privacy,'' Chang Suh-yeon, a Gong-Gam attorney, told The Korea Times.

The petition came after the Korea Immigration Service (KIS) extended an E-2 English teaching visa to Vandom last March even though she refused to submit mandatory HIV and drug test results. The American teacher and Gong-Gam initially planned to take legal action if the immigration office refused to issue a visa.

After the development, the KIS denied that it had issued a visa to Vandom without receiving the necessary medical documents, but the claim was later revealed to be false.

Admitting that an official renewed her visa by mistake, the immigration office said that it would demand the tests and deport her if she failed to heed the request.

The immigration office has tried to summon Vandom to no avail.

``It's a very sensitive issue. There are calls from parents for stricter screening of foreign English teachers, while foreigners are crying foul against the visa rules,'' said an official who declined to be named. ``We are still discussing how to deal with the case.''

Critics say the Vandom case appears to suggest the immigration authorities are inconsistent in applying visa regulations. Some claimed there has been ``selective and arbitrary enforcement.''

The KIS started asking E-2 visa applicants to submit criminal record and health check documents in December 2007 without backing up the appliance of the new regulations with data or statistics on AIDS and drug use among visa holders. It is on this basis that those opposing the regulations believe the authorities imposed them based on prejudicial and biased views that Westerners are promiscuous and use drugs.

``The regulations have been imposed with no reasonable grounds,'' Chang said.

The lawyer is confident that the court will side with the foreign teachers in the dispute.

Last December, a court ruled that the immigration office should cancel the deportation order against a foreigner who tested positive for HIV, and said it was in the interest of Koreans to detect and treat HIV/AIDS rather than to deport people.

More than 20,000 foreigners with E-2 visas were teaching English here as of June, according to the KIS.

The Hammer · Posted: Fri Jul 03, 2009 7:02 am Post subject:

Unposter · Joined: 04 Jun 2006

I love the unnamed Immigration official's comment. Nothing about the legality of the rules just, "what they have to deal with."

It is a little bit like the police saying, well, a bunch of people were complaining about this guy. Unfortunately, the guy did not break any laws so we had to create a new law to charge him with.

Law Professor: But, isn't that unconstitutional?

Police: Yes, but you have to understand what we were dealing with. People were complaining; we can't understand why the guy would call foul.

Trevor · Joined: 16 Nov 2005

I read somewhere that prostitution accounted for 4-5% of Korea's national economy. Does anyone have a link to that?

Straphanger · Joined: 09 Oct 2008 Location: Chilgok, Korea

"Teachers" fight...

I'm not fighting. Why is this here? HIV testing is not unfair in any way.

ChinaBoy · Joined: 17 Feb 2007

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

cruisemonkey · Posted: Fri Jul 03, 2009 5:20 pm Post subject:

This whole Andrea and ATEK constitutional 'challenge' is moronic. The outcome is a foregone conclusion. The judge will rule -

There was no discrimination. Immigration officers can use individual discretion i.e. require less (than specified by law) of an applicant. An officer can never require more (than specified by law) of an applicant; and the exercise of discretion does not constitute discrimination against others.

The Ks aren't stupid. They (Immi.) simply did an 'end run' around the 'challenge'. Lawers love this sort of stuff... but only if people are dumb enough to pay them. How much is an ATEK membership fee? Rolling Eyes

ducati · Joined: 02 Jun 2009

Everyone here understands that a "foreign visitor" is requesting to be treated like a normal citizen? Huh? Does any country allow their illegals to demand full equal treatment?

Just deport her.

ducati · Joined: 02 Jun 2009

blackjack · Joined: 04 Jan 2006 Location: anyang

I think it is more of a principal thing, I haven't heard of anyone actually caring what they test for, sure it's an extra hassle but who really cares?

there are people that will fight anything them deem as not right.

personally i think a much bigger is is the whole resubmitting documents, I have submitted my degree and sealed transcripts three times, they accepted them the first time, the second time and the third time, they must keep files on all of us, why the hell do they need new ones each bloody time. If ATEK had fought for that I would have supported them.

Going to the hospital is a minor annoyance for me (plus who doesn't feel good knowing that they don't have HIV or syphilis and your liver is still functioning fine)

cruisemonkey · Posted: Fri Jul 03, 2009 9:19 pm Post subject:

Apparently, I haven't had sex (or otherwise exchanged body fluids with an HIV-infected person since last year) and I'm not a junkie. My liver function is still within normal parameters according to SGOT & SGTP (despite the evil, crap ethanol they use to make K booze). Wink

Now... there's a lawsuit! Does anyone want to start a 'class action'?

All kidding aside, the real issue is (should be) sponsorship of visas.

ekul · Joined: 04 Mar 2009 Location: [Mod Edit]

I didn't mind having the HIV test. Personally I was relieved to find out I didn't have HIV, syphilis or hepatitis. I was sad however to find I didn't have any drugs in my system either. Crying or Very sad

cruisemonkey · Posted: Fri Jul 03, 2009 9:32 pm Post subject:

seonsengnimble · Posted: Sat Jul 04, 2009 1:09 am Post subject:

I personally don't care about these visa regulations. It would be nice if there were a bit more organization in handling it, or if immigration actually kept transcripts so that they wouldn't need to be submitted every time you want a new visa, but crcs, hiv and drug tests are pretty reasonable requirements. Granted, Korean teachers should also undergo drug tests and criminal background checks, but that's another issue.

I don't understand why being screened for communicable diseases if you are entering a country is seen as discriminatory. Most people don't want diseases being brought into their country. I doubt it's any different elsewhere.