Korean Job Discussion Forums

[Wacko Quacko]

Hello...I tech for GEPIC and recently went back to Canada for a one month holiday. When I came back, airport officials at Incheon cancelled my visa and took away my alien card because of a single entry restriction that I was unaware of. Now, the Gyeonggi office of education in refusing to pay for half of my airfare, my severence pay, and on top of that, they're asking me to give them back my vacation pay. This amounts to about 6 million won in losses. They say that my contact ended prematurely when my visa was cancelled. My school didn't warn me about the single entry restriction and its not mentioned in the contract, so I was a little surprised to find out about it. Has anyone else encountered this?

[lowpo]

[oldtactics]

OP, it was your mistake. Unfortunate situation to be sure, and I feel bad that things ended for you the way that they did, but your visa does have an 'S' for single entry on it. Sorry to be condescending, but before moving to another country, it might have been worthwhile to read the immigration website, no?

Regardless, it's not GEPIK's responsibility anymore, as you are not longer employed by them. If you've completed less than 6 months of work, you are contractually obligated to pay back everything that they've asked for.

I'm not sure whether there's really anything to be done at this point, but I'd recommend calling the head of your district and the head of GEPIK to find out whether they can help.

Good luck

[tired of LA]

Americans are the only ones who get a multiple entry visa. All other nationalities typically get a single entry visa.

I've heard of this happening before and as far as I know you're SOL. It's your responsibility to make sure you have a valid re-entry permit and not the school's. This wouldn't be in your contract because its an issue between you and immigration and not the school.

Since your visa was canceled, you're unable to complete the contract. So the school does not have to pay severance or airfare. As far as you paying back your vacation pay, I think it depends on your situation. If you've worked 6 months, then I think you should get half of the allotted vacation time. However, if you've already used half of your vacation time or didn't complete 6 months, then you should pay it back.

[Wacko Quacko]

It was a single entry visa...but I'm wondering whether there is any legal action I can take to recover the 6 million won - almost 3 months pay . It seems like a lot of money to lose over a beaurocratic technicality.

[Wacko Quacko]

I completed more than 6 months...I think I had maybe seven weeks left on my contract when I left the country.

[Who's Your Daddy?]

I thought you could try to get your visa again. Try explaining to immigration, and doing a visa run to Japan? I thought if you cover this cost yourself, you'll be able to continue at your school.

[Wacko Quacko]

Yes...that's no problem. The school has offered me another contract, in which case they will pay my return airfare to Japan. But I'm still out the 6 million. Its difficult to stomach continuing to work for an employer under such bitter circumstances.

[Oliver]

[Oliver]

[jonpurdy]

For 2008 and 2009 I had to pay a bit extra for the multiple-entry VISA. I'm Canadian.

[DeMayonnaise]

They should just make all E2 visas multiple entry. Anybody who gets a single entry visa ends up applying for a multiple one later one anyways, since probably 99% of people on a E2 visa leave the country at some point during their contract for vacation.

Sorry to hear about your problem, buddy. Seems like you're just SOL. What happens if you just take all your money out of the bank and go back to Canada? Would you still have to give them the money back?

[Wacko Quacko]

Thanks for your message. I really appreciate it.

I suppose I could do that. But I think it would be illegal and could mean burning my bridges with Korea. I don't know if that's worth 2 million won. I might want to come back here in the future.

[PatrickGHBusan]

Basically (based on what you said OP) this was your mistake.

Your employer seems to be applying the contractual clauses for end of employment before 6 months.

You have little to no legal ground to stand on and the Labor Board can probably not do a lot for you because your school did nothing wrong.

It was definitively your job to be informed about your visa's restrictions.

This is a bad spot to be in but you have very few choices.

You could run like demayo said but that amounts to stealing and would bar you from a return to Korea for a while.

You could pay back the sum but try to negociate it down before and then re-sign with your school. It should not be able to work for this employer as from your account all they did was apply the contract.

You could pay the money and look for new work.

[Dodgy Al]

Did immigration confiscate your ARC before you left Korea?