Korean Job Discussion Forums

[plato's republic]

How many of you have followed in Andrea Vandom's footsteps and refused to undergo the mandatory health check in order to obtain an E2 visa? If so, did you receive your visa or were you shown the door?

It would be interesting to dig up some numbers on this particular issue. I wonder what would happen if a large number of foreigners refused to undergo the health check. How would immigration respond? Food for thought.

Foreign Teacher Renews Visa With No Health Checks

By Kang Shin-who
Staff Reporter

The Korea Immigration Service (KIS) allegedly extended an E-2 visa to an American teacher who refused to submit mandatory health checks.

Andrea Vandom, an English instructor at Chung-Ang University, visited the Suwon Immigration Office, Wednesday, to renew her status under the terms of the English-teaching visa rules.

But Vandom told The Korea Times that she had her visa extended ― even though she refused to submit papers on health checks, which are demanded under the regulations that govern the E2 visa. She only handed over criminal record documents to the authorities, she said.

This case appears to suggest that the immigration rules are being bent ― not applicable to those who complain strongly, she said.

Instead of producing documents showing HIV/AIDS and drug test results, she gave an immigration officer a letter.

It reads: ``Unfortunately, I will not be submitting the HIV/ AIDS test results or the tuberculosis drug test results that you have requested. These tests unreasonably discriminate against me as a foreigner living in Korea and are a violation of my human rights.''

In the letter, she also said that she has lived and worked in Korea for more than three years and does not understand why she is suddenly suspected of being a danger to Korean society.

``I have done nothing wrong, and yet the Korea Immigration Service wants to search my body. This is an invasion of my most private and personal rights and an affront to my human dignity,'' she said.

According to Vandom, after reading the letter, the immigration official showed the letter to one of his colleagues, and then his colleague came back and said, ``Last year, the law changed and you need HIV and drug tests.''

Vandom, 30, said she then replied, ``I understand what you are saying,'' and again directed his attention to the letter. At this point, she said, the immigration officer completed the sojourn application form and handed over her alien registration card saying ``visa extension, one year.''

``I feel relieved that my human rights were respected. However, I feel concerned about thousands of other E-2 visa holders living and working in Korea that have not been similarly treated,'' Vandom said.

The case is expected to ignite further dispute among a group of foreign English teachers who are campaigning against the controversial immigration regulations.

The alleged presence of selective enforcement is likely to provide a spur for the group's lobbying activities.

``If they had rejected Vandom, we planned to take legal action against the regulations, which have no legal grounds. But they just gave her a visa. We will continually support foreign teachers challenging the discriminative immigration rules,'' said Chang Suh-yeon, an attorney working for the Korean Public Interest Lawyers' Group, Gong-Gam.

But the KIS refuted the allegations. Kim Young-keun, a KIS spokesperson, said the immigration office in Suwon had received all of the necessary documents to allow the organization to grant a renewal. ``It is impossible for us to grant a visa in violation of the regulations,'' he said.

But Vandom claimed the KIS denial is a fabrication. ``It is shocking that the immigration office is lying about this. Why would I give them that letter if I were submitting the HIV/AIDS and drug tests?'' she said.

A group of foreign teachers, including the Association for Teachers of English in Korea (ATEK), have criticized AIDS and drug check-up rules, which have been imposed since December 2007.
According to KIS, some 21,000 foreigners held an E-2 visa as of February.

[plato's republic]

Forgot to mention that the article from the KT is a year old.

Also came across Vandom's blog which makes for some really interesting reading. I've heard a few things about the AES group, though nothing to the extent of what has been written on Vandom's blog. The sheer lies and false accusations labeled against all native English-speakers teaching in Korea is enough to make your blood boil. How this group ever became so influential is beyond me. Perhaps others can explain?

[plato's republic]

The link to Andrea Vandom's blog for those who are interested:

http://2009hunma358.blogspot.com/

[CamButler]

Yes, it's crazy that a country try to stop the spread of HIV and other diseases, what discrimination

[conrad2]

The policy may be discriminatory because not every one has to submit the tests, but how is it a violation of her "human rights."

[DorkothyParker]

Personally I see nothing wrong with the drug/health check for E-2 visas. Everyone knows in advance that they need it. It's a choice/privilege to come here and work, not a right.

[Steelrails]

I wonder what people from Sudan, Burma, and the DPRK think about her 'human rights' violations.

Seriously, does academia have no shame when it comes to the victim/oppression culture?

I used to believe that I had rights, I still kinda do, but nothing in this world so far has indicated that such things exist beyond that of being constructs for political and economic purposes.

The illusion of rights was lost on me when I went to an court hearing for one of my buddies and watched the judge make a mockery out of the Constitution and the whole concept of impartial arbitrator. It was just a puppet show for generating revenue and subcontracting to various local agencies and equipment suppliers and to get people to think that they MUST have a high priced lawyer. And this was in the States.

Andrea Vandom needs to go down to Michigan 14-A District Court and get a hearing there and a lesson in 'the law' and 'rights'.

In fact by the standards of 14-A, Korean Immi is pretty up front and respectful of your rights as a human. You're told upfront what to expect, and its a simple up or down tests, you're not ambushed by a supposedly neutral party who makes decision based on their mood and whether or not you've 'hired the right people'.

[goesslry]

exactly. you know the law, now for most everyone, even prior to coming to korea. you don't like it, teach english in south america or the middle east (or Japan).

Not a big deal, unless you have something to hide. You should have a health check-up every year anyway.

[plato's republic]

If you read through Vandom's blog (warning: It's a long post) you'll find the real reason that mandatory health checks are now required of E2 and E7 visa holders. Discriminatory? Absolutely. An infringement on E2/E7 visa holders human rights? Very debatable.

However, in response to CamButler: Trying to prevent the spread of HIV/Aids is common sense. Yet, for this to be effective you need to test everyone, Koreans included, not just foreigners or E2/E7 visa holders. The AES began its lobbying process for all E2 visa holders to be forced to go through mandatory health checks way back in 2005/06. The focus of their attention has always been those dirty, evil, disease spreading foreigners. Case in point: Their fellow 'brethren', Gyopos, should be exempt from the health checks since they share common blood

[mayorgc]

I'm pretty sure vandom was in Korea before the new regulations kicked in. That's why she's upset. She was in Korea under the old regulations for 2 or 3 years. Then, the new regulations kicked in and she's being asked to get stuck with a needle to be tested. The only reason she's being asked to submit the Aids test is because she's foreign.

[tfunk]

[plato's republic]

tfunk: The US has an estimated 1% of its population (aged 15-49) living with HIV/Aids compared to Korea's 0%. Even if true, it shouldn't be forgotten that the US has a much larger population than Korea. And how many people are tested on a yearly basis in the US, compared to those tested in Korea? What are the percentages of those living in the US and Korea who are HIV+ but are unaware of being so?

Anyway, the main issue here should be a focus on prevention, and not singling out a particular group, foreigners, and a sub-group within that category, E2/E7 visa holders. If these tests truly were about prevention then EVERYONE would be tested, but that is clearly NOT the case. And prevention must go hand-in-hand with education. Again, if you can point me to where it clearly shows that the Korean authorities are also placing a strong emphasis on prevention through education then please do.

In the meantime, perhaps we should all just go back to believing in the truly magnificent healing powers of kimchi

[tfunk]

[Steelrails]

[MarketFresh]