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Legal To Teach Private Lessons On E-2 Visa?
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Suwon23



Joined: 24 Jan 2008

PostPosted: Thu Feb 23, 2012 4:40 am    Post subject: Legal To Teach Private Lessons On E-2 Visa? Reply with quote

I work at a large hagwon in Seoul that shall remain nameless. Everyone there, even high ranking teaching staff, teach private lessons and state it openly. They have repeatedly told me that it's legal with an E-2 visa according to some recent change in the law. Please tell me they are full of it.
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Thu Feb 23, 2012 6:15 am    Post subject: Reply with quote

If they do it in conjunction with your school, so therefore their students pay the school and the school pay them its OK.

If they (your co-teachers) are paid in cash and the school is unaware of it, it is illegal mainly because of tax reasons. And if they are caught there could be at best fined and at worst fined, fired and deported.

Simply put private lessons for E2's are possible but most of the time done illegally. I don't have a link to back this up but if you decide to do anything outside of your school your taking a gamble and your co-teacher are probably doing so.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Thu Feb 23, 2012 7:05 am    Post subject: Re: Legal To Teach Private Lessons On E-2 Visa? Reply with quote

Suwon23 wrote:
I work at a large hagwon in Seoul that shall remain nameless. Everyone there, even high ranking teaching staff, teach private lessons and state it openly. They have repeatedly told me that it's legal with an E-2 visa according to some recent change in the law. Please tell me they are full of it.


I think everyone and his brother here would have heard such news. What would they say if you told them that you'd check with immigration since they say it's legal? They'd probably freak out.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Thu Feb 23, 2012 7:53 am    Post subject: Re: Legal To Teach Private Lessons On E-2 Visa? Reply with quote

Suwon23 wrote:
I work at a large hagwon in Seoul that shall remain nameless. Everyone there, even high ranking teaching staff, teach private lessons and state it openly. They have repeatedly told me that it's legal with an E-2 visa according to some recent change in the law. Please tell me they are full of it.


It is not legal nor can you get permission to teach private lessons legally on the E2.

The only way these lessons work are if your employer hosts the lessons in the school and then the income is declared as OT and taxed.

The only other legal option on an E2 is to get permission to work a second location (another school). This cannot be to teach private lessons.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Feb 23, 2012 8:00 am    Post subject: Reply with quote

The only really way to teach privately is if your school is out sourcing you. That means getting permission from immigration, adding work places to your record and checking with proper taxes. To clarify this mean TEACHING AT ANOTHER SCHOOL/BUSINESS. One on one private lesson NOT AT a school or legitimate business is ILLEGAL.

What is likely happening is the school is turning a blind eye to what teachers are doing. Or affectively participating as it can get them money and networking.

Permission from school does not mean it is legal.

This can so blow up. School says it is fine, teacher does it, gets caught and school will go "really he was teaching a private, I did not know". They fire you and avoid a fine. So in the end you will be the one fined and possibly deported.

If the school is truly evil, they would keep said info in back pocket and keep it for that rainy day on day 15 month 10 of contract. "Sorry Mr. Smith, you broke the contract that says you would not teach without permission - strike one, and strike two you broke a law of Korea, and number three you "something made up", you are being let go. Here is your notice" Oh please go to the labour board, we will go to immigration.
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Suwon23



Joined: 24 Jan 2008

PostPosted: Thu Feb 23, 2012 4:58 pm    Post subject: Reply with quote

I would very much like to convince my coworkers that this is the case, since they are all 100% convinced that the law recently changed to allow private lessons. Is there a statute in English I can show them to prove that private lessons are illegal?
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Kwangjuchicken



Joined: 01 Sep 2003
Location: I was abducted by aliens on my way to Korea and forced to be an EFL teacher on this crazy planet.

PostPosted: Thu Feb 23, 2012 5:55 pm    Post subject: Reply with quote

Suwon23 wrote:
I would very much like to convince my coworkers that this is the case, since they are all 100% convinced that the law recently changed to allow private lessons. Is there a statute in English I can show them to prove that private lessons are illegal?


If it is not ok for chicken orkers, then it should not be ok for cow orkers
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ThingsComeAround



Joined: 07 Nov 2008

PostPosted: Thu Feb 23, 2012 6:12 pm    Post subject: Reply with quote

Suwon23 wrote:
I would very much like to convince my coworkers that this is the case, since they are all 100% convinced that the law recently changed to allow private lessons. Is there a statute in English I can show them to prove that private lessons are illegal?


You can ask one of them (who I presume is Korean) to call immigration on your behalf. Do this with someone you trust. If the poop hits the fan, it is your tail on the plane, not theirs Idea
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broken76



Joined: 27 Jan 2008

PostPosted: Thu Feb 23, 2012 11:37 pm    Post subject: Reply with quote

It is illegal to teach private lessons under an E2 Visa. You can be outsourced to other schools with permission from your sponsor (school) as well as immigration. Teaching private lessons outside of a school are illegal for anyone including Koreans unless they are licensed tutors and file for the appropriate paperwork with the local district office as well as the local ministry of education.
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Suwon23



Joined: 24 Jan 2008

PostPosted: Fri Feb 24, 2012 2:35 am    Post subject: Reply with quote

My co-workers are all foreigners, and they insist that the law recently changed. I need an actual law to show them. Even if it's in Korean, I can translate it well enough. But I don't know the law. Can anyone help me identify the relevant statute in the legal code? I'd be very grateful.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Fri Feb 24, 2012 3:33 am    Post subject: Reply with quote

Suwon23 wrote:
My co-workers are all foreigners, and they insist that the law recently changed. I need an actual law to show them. Even if it's in Korean, I can translate it well enough. But I don't know the law. Can anyone help me identify the relevant statute in the legal code? I'd be very grateful.

http://www.hikorea.go.kr/pt/NtcCotnDetailR_en.pt?pageSpec=&targetRow=&lafjOrderBy=&sRange=&sKeyWord=&bbsGbCd=BS10&bbsSeq=6&ntccttSeq=1&pageCode=list&langCd=EN&bbsNm=Downloads

Article 18 (Restriction on Employment of Foreigners)
(1) If a foreigner desires to be employed in the Republic of Korea, he shall obtain the status of sojourn eligible for employment under the conditions as prescribed by the Presidential Decree.
(2) No foreigner having the status of sojourn as referred to in paragraph (1) shall work at any place other than the designated working place.
(3) No person shall employ any person having no status of sojourn as referred to in paragraph (1).
(4) No person shall mediate or solicit for any employment of a person having no status of sojourn as referred to in paragraph (1).
(5) No person shall put under his control any foreigner having no status of sojourn as referred to in paragraph (1) with the intention to mediate an employment of such person.

Article 19 (Reporting Obligation of Persons Employing Foreigners)
(1) Any person who employs a foreigner shall report the following circumstances to the head of the office or branch office within fifteen days after learning of such circumstances:
(1) Any person who employs a foreigner having the sojourn qualifications capable for engaging in the employment activities under Article 18 (1) shall report the following circumstances to the head of office or branch office within fifteen days after the learning of such circumstances:

Article 21 (Change and Addition of Work Place)
(1) If a foreigner sojourning in the Republic of Korea desires to change or add his work place within the limit of his status of sojourn, he shall obtain permission in advance from the Minister of Justice.
(2) No person shall employ a foreigner who has not obtained permission on the change or addition of his work place under paragraph (1), nor mediate an employment of such foreigner, except in case where the employment is mediated under other Acts.
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hogwonguy1979



Joined: 22 Dec 2003
Location: the racoon den

PostPosted: Fri Feb 24, 2012 3:39 am    Post subject: Reply with quote

either there are a bunch of trolls around or a bunch of morons between the drug testing questions and this.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Fri Feb 24, 2012 4:00 am    Post subject: Reply with quote

There is the f-ing work for you. The rest is yours to read and figure out
Download the PDF it is not that long.

http://www.hikorea.go.kr/pt/NtcCotnDetailR_en.pt?pageSpec=&targetRow=&lafjOrderBy=&sRange=&sKeyWord=&bbsGbCd=BS10&bbsSeq=2&ntccttSeq=34&pageCode=list&langCd=EN&bbsNm=Notice

� E-2 : A copy of registration certificate of establishment and operation
of private institutions (학원설립�운영등록증) and registration certificate
of lifelong educational institutions (평생교육시설등록증)

Looking at the words I am guessing a private (paid) tutor session in a cafe or private home would not classify as a private institute or lifelong education institution.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Fri Feb 24, 2012 5:44 am    Post subject: Reply with quote

broken76 wrote:
It is illegal to teach private lessons under an E2 Visa. You can be outsourced to other schools with permission from your sponsor (school) as well as immigration. Teaching private lessons outside of a school are illegal for anyone including Koreans unless they are licensed tutors and file for the appropriate paperwork with the local district office as well as the local ministry of education.


The private tutoring liscence you speak of is only available to F-visa holders.
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bbud656



Joined: 15 Jun 2010

PostPosted: Fri Feb 24, 2012 8:06 pm    Post subject: Reply with quote

Its not legal. However, it is common for E2s to teach privately, in my opinion. I think its kind of dumb to let the school in on it even if they are seemingly cool with it. You dont ever want them to have anything on you. All the people who can teach legally on here try freak people out so no one cuts into their profits. Can't blame them for it though.
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