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murmanjake

Joined: 21 Oct 2008
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Posted: Tue Dec 13, 2011 5:14 am Post subject: Friend got arrested in Korea, might be fired, wants new job |
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My buddy's in a tough spot. He drunkenly hopped on an idling scooter and rolled it a few feet and got arrested. His boss paid the other party off, but is now being told by the police that he must fire my friend.
Not sure about the "having to fire" part, but never was a great job to begin with. First thing I told my friend was to not sign anything saying he quit. I seem to remember hearing that advice here, that it's better to be fired(he's been here over 6 months).
For some reason the whole arrest thing isn't finished, either. I thought paying off the other party made it all disappear, but there could be a criminal proceeding in the works. My friend's info is hazy and his boss is a bit of a scumbag so he could be lying to him about any number of things as well.
My friend was thinking he should leave Korea, get new documents and come back when they get processed(he really likes it here). I think he should apply for new documents here, and stick it out to see what happens.
I guess my big question is, if he gets fired, and having been here for over 6 months, and with a criminal investigation pending(grand larceny they said, kinda extreme eh?), can he still get a new job without needing all new documents, so long as someone is willing to hire him? |
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PatrickGHBusan
Joined: 24 Jun 2008 Location: Busan (1997-2008) Canada 2008 -
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Posted: Tue Dec 13, 2011 5:30 am Post subject: |
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One question...if your friend's boss is a scumbag then why would he pay off the other side to avoid legal trouble for your friend?
I mean, a true scumbag would do nothing for your friend, especially not pay money out of his pocket..oh well.
Good luck to your friend but if he is convicted of a criminal offense (even a minor one) I think he can kiss his visa goodbye.
Ttom will be clearer than me on that issue I am sure.  |
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koreatimes
Joined: 07 Jun 2011
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Posted: Tue Dec 13, 2011 5:31 am Post subject: |
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If I were him, I would write up a huge apology letter. Then, I would agree to work a free week or two hoping to mend things. There is no way getting out of this one.
It doesn't make sense for the police to want him fired because then they couldn't take legal action. One of them doesn't fit. |
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minos
Joined: 01 Dec 2010 Location: kOREA
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Posted: Tue Dec 13, 2011 5:47 am Post subject: |
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I hope your friends gets screwed. I had something very similar happen with my pro-camera equipment...except after the drunk left it somewhere, a thief picked it up 5 minutes after.
I hate criminal drunks.
I'm also charging the guy with Grand larceny. I'm literally in the reverse of your situation.
The case can be dropped....the cops seem to be going slow after the guy I charged denied it during an interview. I suppose if I did noting, nothing would actually happen(I'm bringing a witness though).
However, if money is exchanged, there is still a criminal charge in the books which might make your visa null and void.
Legally, the police register payments and encourage it. They don't want you making deals for cash to drop a case. Probably lowers their clearance rate(bad for them). If your boss already paid, your friend is screwed. The payment if done correctly(I recieved some after a car accident) legally finishes the case. |
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murmanjake

Joined: 21 Oct 2008
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Posted: Tue Dec 13, 2011 6:00 am Post subject: |
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It's actually unclear as to whether his boss will fire him or not.
Thing is the guys been paying him in bits and pieces since he started working, and even having paid the 2,000,000 to get him off, still owes him money. Which is why I called him a bit of a scumbag.
I guess my friend needs more info on the whole payment thing, but there's the language barrier and all.
Does a conviction automatically nullify your visa, or is it circumstantial as many things here seem to be? |
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Julius

Joined: 27 Jul 2006
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Posted: Tue Dec 13, 2011 6:15 am Post subject: |
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| minos wrote: |
| I hate criminal drunks. |
Yeah I don't have much sympathy either...
What I don't like however, is that a korean person probably would have gotten away with the same incident...with the excuse that..wait for it..."he was drunk". |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Dec 13, 2011 4:05 pm Post subject: |
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| murmanjake wrote: |
It's actually unclear as to whether his boss will fire him or not.
Thing is the guys been paying him in bits and pieces since he started working, and even having paid the 2,000,000 to get him off, still owes him money. Which is why I called him a bit of a scumbag.
I guess my friend needs more info on the whole payment thing, but there's the language barrier and all.
Does a conviction automatically nullify your visa, or is it circumstantial as many things here seem to be? |
It depends. Most P.S schools and many hakwons have a clause in the contract which states that if you are convicted of a crime then you will be fired and your visa cancelled. However there have been a few cases where the aggrieved party was paid off and the offender kept his job.
Article 21 of the Labor Law allows an employer to fire an employee at will regardless of how long he has been there for "justifiable reasons" and Article 26 says he doesn't have to pay the 30 days wage or give advance notice in the case of the worker causing "considerable difficulties to business"
Unfortunately for your friend grand larceny falls under both definitions. If the police push the matter (insist that your friend be fired) then he's gone.
Keep in mind though that the boss could be lying that the police want your friend fired...in order to 'control' your friend. If so expect the boss to soon come up with a story of how he talked to the chief of police (who just so happens to be a personal friend of his) who agreed to drop the whole matter as a favor. "So you better be grateful you barbarian foreigner you!"
My advice would be to stick it out and see what happens. Also with a criminal investigation pending (assuming your boss is telling the truth)...his passport may get flagged at Immigration either when he tries to leave or when he tries to get back in. |
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Weigookin74
Joined: 26 Oct 2009
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Posted: Tue Dec 13, 2011 4:33 pm Post subject: |
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| In this case, get some legal representation. Think he needs to find some local office. Many places have legal advice available for those who need it. Might have to bring a translator though. Only way to know for sure. In the future, don't be stupid when drunk. If the police can't charge you, maybe they want to get you fired out of pettiness. Heard of that happening before. Usually, you can buy your way out of crimes here. But, none of us really have enough details of what really happened. Get your own legal council. It's really the only way. |
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Stan Rogers
Joined: 20 Aug 2010
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Posted: Tue Dec 13, 2011 4:47 pm Post subject: |
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OP your "friend" is getting off easy. He could have been charged with drunk driving too. Riding a motor bike while intoxicated a "few feet" or a few miles makes no difference in the eyes of the law. Being drunk and stupid has it's consequences.
As a motor bike owner, I've had drunk idiots jump on my bike before trying to kick it over thinking they are all funny an stuff, and even knocking the bike over on the side walk. I have no sympathy for your friend.
Last edited by Stan Rogers on Tue Dec 13, 2011 4:55 pm; edited 1 time in total |
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minos
Joined: 01 Dec 2010 Location: kOREA
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Posted: Tue Dec 13, 2011 4:50 pm Post subject: |
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| Julius wrote: |
| minos wrote: |
| I hate criminal drunks. |
Yeah I don't have much sympathy either...
What I don't like however, is that a korean person probably would have gotten away with the same incident...with the excuse that..wait for it..."he was drunk". |
It was a korean, they're pressing charges. We have a confession but no hard evidence which is slowing things down.
The scooter guy probaly just wants the pay off unless your friend drove it far away.
He's not gonna drop the case becuase it's worth a couple of thousands.
| Quote: |
| OP your "friend" is getting off easy. He could have been charged with drunk driving too. Riding a motor bike while intoxicated a "few feet" or a few miles makes no difference in the eyes of the law. Being drunk and stupid has it's consequences. |
The korean guy could push even harder for more money in that case. I know I would. |
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murmanjake

Joined: 21 Oct 2008
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Posted: Tue Dec 13, 2011 4:59 pm Post subject: |
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Ok, so say he is fired and convicted of the crime. Maybe his visa is automatically cancelled, maybe it isn't? Should he miraculously find an employer willing to overlook the crime, would he be able to transfer his visa?
Thanks for the informative replies from those mature enough to differentiate between a question and a justification of actions. It truly is not me I am talking about, if it were I wouldn't see any harm in identifying myself. There isn't any reason to hide it.
Last edited by murmanjake on Tue Dec 13, 2011 4:59 pm; edited 1 time in total |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Dec 13, 2011 4:59 pm Post subject: |
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| minos wrote: |
| Julius wrote: |
| minos wrote: |
| I hate criminal drunks. |
Yeah I don't have much sympathy either...
What I don't like however, is that a korean person probably would have gotten away with the same incident...with the excuse that..wait for it..."he was drunk". |
It was a korean, they're pressing charges. . |
Isn't this the umpteenth time Julius has said something like this?
Just like its the umpteenth time he's been refuted.
Julius we get it. You hate Koreans. Try to be a bit more original now. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Dec 13, 2011 5:22 pm Post subject: |
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| murmanjake wrote: |
Ok, so say he is fired and convicted of the crime. Maybe his visa is automatically cancelled, maybe it isn't? Should he miraculously find an employer willing to overlook the crime, would he be able to transfer his visa?
Thanks for the informative replies from those mature enough to differentiate between a question and a justification of actions. It truly is not me I am talking about, if it were I wouldn't see any harm in identifying myself. There isn't any reason to hide it. |
Too many ifs to make an accurate prediction but....
If it makes it to a Korean criminal court AND he is convicted he will be punished according to law then deported.
If it makes it to a Korean criminal court AND he is NOT convicted he may still lose his job (and sponsorship if he is on an E2). Depending on the police report (immigration is an arm of the MOJ and does access the files when a change of status is requested) he may or may not be allowed to transfer, keep his E2 or get an exit order.
IF immigration deports him at their expense (they pay the plane ticket) he will be barred (persona non grata) for up to 5 years and never get another work visa in Korea.
If he gets an exit order from immigration and leaves on his own (rather than deportation) he will not get barred but will (based on a criminal conviction) be unable to get an E2.
If he is on an F2/4/5 the rules are different but his visa is still at risk.
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murmanjake

Joined: 21 Oct 2008
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Posted: Tue Dec 13, 2011 5:37 pm Post subject: |
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| ttompatz wrote: |
| murmanjake wrote: |
Ok, so say he is fired and convicted of the crime. Maybe his visa is automatically cancelled, maybe it isn't? Should he miraculously find an employer willing to overlook the crime, would he be able to transfer his visa?
Thanks for the informative replies from those mature enough to differentiate between a question and a justification of actions. It truly is not me I am talking about, if it were I wouldn't see any harm in identifying myself. There isn't any reason to hide it. |
Too many ifs to make an accurate prediction but....
If it makes it to a Korean criminal court AND he is convicted he will be punished according to law then deported.
If it makes it to a Korean criminal court AND he is NOT convicted he may still lose his job (and sponsorship if he is on an E2). Depending on the police report (immigration is an arm of the MOJ and does access the files when a change of status is requested) he may or may not be allowed to transfer, keep his E2 or get an exit order.
IF immigration deports him at their expense (they pay the plane ticket) he will be barred (persona non grata) for up to 5 years and never get another work visa in Korea.
If he gets an exit order from immigration and leaves on his own (rather than deportation) he will not get barred but will (based on a criminal conviction) be unable to get an E2.
If he is on an F2/4/5 the rules are different but his visa is still at risk.
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Ttompatz, thanks for that bolt of clarity. For the umpteenth time, you rock. |
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Dodge7
Joined: 21 Oct 2011
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Posted: Wed Dec 14, 2011 1:20 am Post subject: |
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| Hope your friend gets screwed to and never allowed to teach here again. "Teachers" still in college party mode dont do stupid things like that. But that Korea's fault for setting such low standards. |
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