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can a school report a midnight run after contract completed?

 
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hiddenflask



Joined: 03 Dec 2009

PostPosted: Mon Jan 18, 2010 7:33 pm    Post subject: can a school report a midnight run after contract completed? Reply with quote

hey. i came to korea without a visa and worked at my school for a month before a visa run. so immigration says i've been working since last april, but really it's been since last march. my contract is almost up and i was wondering if it was possible for them to cancel my visa after my contract was completed and say that i did a midnight run (thus making me unable to work in the country for 5 years).

i'm going to basically demand certain money that they've taken from me illegally and i'm going to threaten them in order to do this. it's not the nicest thing in the world, but we're talking almost 1,500$. i have the numbers of all the parents and plenty of korean friends. i'm just worried that even if i got my money from them, could they accuse me of running even after my contract was up since my visa is still good? i have a copy of my contract that would validate my story, but korean government doesn't seem to give a s*** about foreigners (or is it just me?).
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Jan 18, 2010 7:42 pm    Post subject: Re: can a school report a midnight run after contract comple Reply with quote

hiddenflask wrote:
hey. i came to korea without a visa and worked at my school for a month before a visa run. so immigration says i've been working since last april, but really it's been since last march. my contract is almost up and i was wondering if it was possible for them to cancel my visa after my contract was completed and say that i did a midnight run (thus making me unable to work in the country for 5 years).

i'm going to basically demand certain money that they've taken from me illegally and i'm going to threaten them in order to do this. it's not the nicest thing in the world, but we're talking almost 1,500$. i have the numbers of all the parents and plenty of korean friends. i'm just worried that even if i got my money from them, could they accuse me of running even after my contract was up since my visa is still good? i have a copy of my contract that would validate my story, but korean government doesn't seem to give a s*** about foreigners (or is it just me?).


So let me get this straight. You have a copy of the contract which proves you worked illegally, and you want to show this to the Korean government of proof of validation that you finished the contract?

Immigration doesn't care if you finished a contract or not. That is the concern of the labor board. All they care about is if you are in the country illegally or are you working illegally or issues like that.

To answer your question, yes your school could.
And if you show your contract, Immigration is could nab you for working illegally for however long it was before you got your visa.
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Nierlisse



Joined: 11 Oct 2008
Location: South Korea

PostPosted: Mon Jan 18, 2010 7:46 pm    Post subject: Reply with quote

Since you worked illegally (at least that's what it looks like from your story) I think you are pretty much screwed. Yeah you can leave early; I've never heard anything about being banned from Korea for 5 years if you run so I don't know where you got that.

As far as threatening them, I doubt it will work. You were working illegally; if they don't give you what you want, how can you take your case anywhere? And threatening to tell parents is the quickest way to danger since libel/slander laws exist in full force here and they will turn around and sue you for damages to their business. If threatening them is the only thing you came up with then you must obviously think that nothing else will work. Honestly I'd forget about your money if that is your only option.
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lost at sea



Joined: 27 Nov 2009

PostPosted: Mon Jan 18, 2010 7:49 pm    Post subject: Reply with quote

Why does a midnight run disable you from working for 5 years? You can run and come back any time you want.
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Ramen



Joined: 15 Apr 2008

PostPosted: Mon Jan 18, 2010 8:00 pm    Post subject: Reply with quote

You can be fined, deported, left with a red mark in your immigration file for working illegally.

Your employer can also be fined for employing illegal space alien. Razz
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Jan 18, 2010 8:11 pm    Post subject: Reply with quote

lost at sea wrote:
Why does a midnight run disable you from working for 5 years? You can run and come back any time you want.


It doesn't. Only if the school reports it to Immigration. But many schools (hakwons) are sketchy and want as little to do with Immigration as possible. It looks bad if they have too many runners. So they say nothing.

However if a school DOES report it and goes through the appropriate paperwork you can be banned for up to five years (or less).

Like so much else here...it all depends.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Jan 18, 2010 9:22 pm    Post subject: Reply with quote

I would just finish it out and get another school. Why do a midnight run, pay $1,000 and up for a flight because you got screwed out of 1,500? You will then be out $2.500 at least.

I don't see the logic in doing a midnight run so you can get paid. People do this to escape.
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skim234



Joined: 02 Sep 2009

PostPosted: Mon Jan 18, 2010 9:32 pm    Post subject: Re: can a school report a midnight run after contract comple Reply with quote

hiddenflask wrote:
hey. i came to korea without a visa and worked at my school for a month before a visa run. so immigration says i've been working since last april, but really it's been since last march. my contract is almost up and i was wondering if it was possible for them to cancel my visa after my contract was completed and say that i did a midnight run (thus making me unable to work in the country for 5 years).

i'm going to basically demand certain money that they've taken from me illegally and i'm going to threaten them in order to do this. it's not the nicest thing in the world, but we're talking almost 1,500$. i have the numbers of all the parents and plenty of korean friends. i'm just worried that even if i got my money from them, could they accuse me of running even after my contract was up since my visa is still good? i have a copy of my contract that would validate my story, but korean government doesn't seem to give a s*** about foreigners (or is it just me?).


Not giving a s*** about foreigners isn't the issue here. The foreigner (you) working illegally is the issue. It would behoove you to say nothing at all to immigration about your illegal status, even after the fact.

This is like a thief going to a police station to ask them if they were able to find the PS3 that they dropped while running away from the cops.

Once you accepted working illegally, you put yourself at the mercy of your hagwon. In turn, the hagwon put themselves into a situation where they are liable for hiring an illegal worker. Basically, you are at a point where the contract means nothing, and you have to trust the hagwon to not rat you out (which they won't do) and the hagwon trusts that you don't rat them out (which you'd be stupid to do).

Only turn them in if they turn you in first. The only good way out of this is to do nothing.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Mon Jan 18, 2010 9:56 pm    Post subject: How did it end? Reply with quote

I'm curious. How did it turn out in the end? Did you get paid? Did you take them to court? Did you incriminate yourself at the immigration office?
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hiddenflask



Joined: 03 Dec 2009

PostPosted: Mon Jan 18, 2010 11:47 pm    Post subject: Reply with quote

obviously, i made a newbie mistake by coming here without a visa.

i know the slander laws are somewhat strange here (telling the truth is slander, etc.) i would certainly ensure that i had my plane ticket before this conversation. i'm wondering if my bosses would actually tempt fate though. i sort of think the threat of ruining their names would be enough, but i think for the most part you guys are right and i should just leave it alone...i'll just come back in a year and slash their tires or something on a day trip.
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frankly speaking



Joined: 23 Oct 2005

PostPosted: Mon Jan 18, 2010 11:56 pm    Post subject: Reply with quote

I don't understand what the issue is. If your school wants you to stay one extra month to complete the legal version of your contract, then do it.

When I first started in Korea it was common for people to come over on a tourist visa and then do a japan run. That isn't so common anymore. However, most schools honored the day that you started working as your legal starting day and let you leave after you finished your 12 months.

I really don't understand how you are out 1500 dollars.

Don't threaten anything. Threats aren't taking well in Korea. Just discuss with your boss what your last day should be. You started in March and would like to be released with full pension and severance in March. If they insist that you stay until April, then stay one extra month. You are getting paid for it, why does it hurt to work 13 months instead of 12?

Good luck, but I don't really see how this is that bad of a problem.
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Chambertin



Joined: 07 Jun 2009
Location: Gunsan

PostPosted: Tue Jan 19, 2010 7:24 am    Post subject: Reply with quote

This reminds me of "creeper1" who started a column about how messed up people are on facebook.
Its like a person named "pampers are sexy" complaing about child molestation.

Your name says it all. (low blow, but funny)

Still, if you are worried about repercussions which may arise out of this situation why on earth would you threaten them over $1500. That�s chump change to the money, face, and time lost trying to incite a PTA riot which still wont fix the fact taht you corrected your illegal work arrangement a year ago.

If this is anything to worry about just ask your employer what the plan is. If you cant do that then just deal, ASK for a letter of recommendation (have it checked by a very trustworthy Korean or western Korean speaking friend) and part ways as nothing more than an employer and employee.

If you want to stay here, or are even concerned about the possibility of not working here for 5 years thats nothing compared to a $1500 tab.
Get in get out, get over it. Or learn to deal and stay. That�s the Korea I know.

From the sounds of it you want to get into an uphill into the wind pissing match. NO winners to se seen there, avoid it, at least I would.
Just my small piece.
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hiddenflask



Joined: 03 Dec 2009

PostPosted: Tue Jan 19, 2010 4:37 pm    Post subject: Reply with quote

oh chambertin, sadly i am not an alcoholic (3 drink maximum, in fact). it's just a name from a fake country band i had back in the states.

frankly speaking, the issue isn't that they want me to stay an extra month and then give me all the stuff...they are still letting me go a year from when i started, the problem is that they never paid into pension, or my visa, and when i was forced to LIVE IN THE SCHOOL for the first 6 months, my water bill was 30,000w a month and electricity was 60,000w a month (me and the 2 other teachers were essentially paying for the entire school's bills). i didn't even get health insurance for 6 months and when i did get it, they initially refused to pay 50% (as it states in the contract) when they did agree to they said they would reimburse me for what they didn't pay (but it never happened), in the meantime, i had an injury and had to pay 260,000w out of my own pocket since i didn't have insurance...that also was going to be reimbursed...again, never happened. when they paid me back for my plane ticket, the ticket was 1,000$ and they gave me 1,000,000w which a year ago was about 700$. the 1,500$ figure is just a rough estimate, looking at it now, it seems as though it's more than that. so that is the problem.
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frankly speaking



Joined: 23 Oct 2005

PostPosted: Tue Jan 19, 2010 4:57 pm    Post subject: Reply with quote

Just finish your contract and leave. You got screwed and let yourself for a long time. You will not get black listed or any other BS because you completed your contract. Just move on and forget about the money.

Insurance is retroactive from the day you enter the country. So when you start paying, you have to pay back into it.

Just chalk it up and move on.
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Chambertin



Joined: 07 Jun 2009
Location: Gunsan

PostPosted: Wed Jan 20, 2010 7:03 am    Post subject: Reply with quote

Didn�t mean to imply Alkie, I'm probably more of one than most the people I meet online or in life. However it is and was a funny coincidence.

However, that is a much more detailed and much more understandable position. I admit I jumped to conclusions and gave the best advice available to someone who wanted to leave a month early and get paid.
(I misread thinking you got stiffed on a minor bill for something on the visa run and now wanted to convert it into a free last months pay.)

I have no advice for you in your horror story now that I know the details. I recant my last advice and simply say, good luck. If you have any good stories about how it works out it would be interesting to say the least.

If nothing else this is the perfect story to share in detail so that future teachers know what happens if you just jump into a job. Set things up with the visa properly before you land in Korea. There�s no telling just what you will deal with if you land improper.

Again, good luck.
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