Korean Job Discussion Forums

[Cpt.Awesome]

I was recently fired (not looking for sympathy; I will tell my story after Labour Board is finished) and while trawling the internet for anything helpful I noticed a lot of the advice regarding this issue on these forums is from years & years ago.

So here are some helpful tips & links that I have come across.

1. You can file for the Labour Board online.

This is by far the best thing South Korea has done for foreign workers. Not only can you file online, but you can file online in your own language.

http://www.moel.go.kr/english/main.jsp

On the left there are a bunch of links. Under the heading 'Don't Miss' is 'E-Application' (http://www.moel.go.kr/english/dont_miss/e_application_a.jsp)

It takes you to an external website called 'epeople' where you file your claim.

2. Relevant Legislation

On the right hand side of the MOEL website is a box under the box of stats called 'Korean Laws in English'.

Always double check with a Korean that the English version and the Korean version are saying the same thing.

Labour Standards Act: http://www.moleg.go.kr/english/korLawEng?pstSeq=57978&rctPstCnt=3&searchCondition=AllButCsfCd&searchKeyword=labor

Immigration Control Act:
http://www.immigration.go.kr/HP/COM/bbs_03/ListShowData.do?strOrgGbnCd=104080&strFilePath=imm80/&strRtnURL=IMM80_3010&strNbodCd=noti0090&strNbodCd=noti0090&strWrtNo=2654&strAnsNo=A&strThisPage=1
It's under 'Information' -> 'Useful Information'.


3. Release Letters

There is absolutely nothing in the Immigration Control Act about needing your employers permission to change employers before your contract ends.

There is no reason to stay stuck in a shitty hagwon because of a piece of paper that isn't a legal visa requirement. Just give Immigration a heads up, come armed with a copy of the act & the (legitimate) reasons why you are going to resign and wish to transfer your visa sponsorship. Make sure you give your hagwon the correct notice & everything should be dandy. Try and at least last 6 months.


4. Helpful Info

If you get fired with less than 30 days notice, you are entitled to 30 days pay in lieu of notice. Don't let your hagwon tell you otherwise.

If you get fired and wish to stay...

1.You need to file a petition with the Labour Board.

2.You need to download and fill out attachment B from the MOEL e-application page. See above.
b. Application format for petition(provided by the Ministry of Employment and Labor).
Get a Korean friend to help you fill it out in Korean. Immigration needs this paper. If you can get a Korean friend to get the Korean version of the form that's even better.

3. You need to fill out the form at Immigration. You need your Korean Address. Your reason at the top is 'Change of Status of Stay'.


4. You need 50k for 5 stamps and another 20k for a new card. They will take your E2 card & issue you with a D-10. This enables you to stay in the country, fight at labour board & look for a new job.

5. You need to do all of this within 15 days of your last day of work. Otherwise you must leave the country.

If you got fired for a legitimate reason and aren't going to file with labour board then you have 15 days to leave the country. You can re-enter on a tourist visa and look for work but then you must do a visa run. A D-10 takes out this hassle.

Unless your contract specifies a time frame in which you must leave the apartment upon the termination of your contract, you cannot be evicted. The apartment is a contractual matter and you can stay there as long as the matter is before the Labour Board.

Immigration told me that while my case is before the Labour Board I am able to look for work but I cannot work until the matter is finished. I am going to double check the reasoning for this as I cannot find any D-10 restrictions regarding this.

Phone Numbers:
Immigration: 1345
Labour: 1350


Hope this helps someone. Don't be afraid to stay & fight!

[Julius]

[Trevor]

[NYC_Gal 2.0]

The law never changed. Immigration was just way more lenient with their policy. They've since switched back to their stricter policy.

[Mw182006]

Thanks for the info OP, hope I'll never have to use it!

[Airborne9]

[Kepler]

[ttompatz]

Departmental/ministerial policy or presidential decree...

Both have the same effect as legislation.
You're not in Kansas any more there Toto.

The need for a LOR is policy as are the other requirements for specific documentation when applying for a visa or change of status.

.

[I'm With You]

The letter of release is ridiculous. Why can't the Korean government just take a tip from Japan and start issuing 3 or 5 year work permits that are not tied to the TEFL teacher's employer? I'm sure it'd save everyone involved a lot of time, money and grief.

[ttompatz]