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Ignorance as a Defence
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Wangja



Joined: 17 May 2004
Location: Seoul, Yongsan

PostPosted: Fri Jan 28, 2005 4:07 pm    Post subject: Reply with quote

mack the knife wrote:
Wrong, wrong, wrong...

You guys are so far off the mark.

First of all, in case you haven't read any of my other 6,492 posts on ESL cafe, I'm an undisputed champion of hyperbole.

Second, I already said in another post dealing with this topic (perhaps the one which was deleted?) that I had a total Jimmy Stewart attitude going into immigration. Unless you've been living under a rock at the bottom of the ocean for the past 100 years, you must know who Jimmy Stewart was.

Third, if all of your synapses were firing, you might actually comprehend the sentences I've written, instead of simply putting quotation marks around them and attacking them piecemeal. Which part of "As far as you or I know" do you not understand?

Fourth, let's stay on subject, shall we? We're talking about Korean immigration here, not U.S. or Kenyan or Foozballian immigration, which is why I wrote "I can't give you an answer". At what point does the "Duh?" factor set in? So, every post after my last post is tripe, because you missed the friggin' point. Big-time.


You were the one to raise US immigration alleging that they were more lenient than Korean immigration. You were wrong.

The facts are unchanged.

Any reasonable person would be deemed to have been aware and the defence of "I did not know" fails.

That this is so is compounded by the fact that you have a Korean wife or g/f I beleive. Does she not have to notify changes of address in the same way?

The jury's back. Gulity as charged. Be thankful they did not put you in jail or deport you, as I understand from above could be the case in the US.
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Thunndarr



Joined: 30 Sep 2003

PostPosted: Fri Jan 28, 2005 4:32 pm    Post subject: Reply with quote

Unless you happen to be a lawyer, or make daily calls to immigration to find out which laws may or may not have changed, then yes, I'd say that ignorance is definitely a valid excuse in this situation.
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Wangja



Joined: 17 May 2004
Location: Seoul, Yongsan

PostPosted: Fri Jan 28, 2005 4:34 pm    Post subject: Reply with quote

Well it wasn't, was it?
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Fri Jan 28, 2005 6:49 pm    Post subject: Reply with quote

I'd guess having to register a change of address with the govt is a brand new concept to a lot of foreigners working here, ie it wouldnt even occur to them.

Second nature to Koreans though. An inexperienced boss might assume you'd know to do so.

This thread should be a useful wakeup call to a good number out there who have changed their residence without official notification. Far better to go to city hall or your dong office now & rectify the oversight there, however late, rather than run into a rude & costly confrontation later.
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peemil



Joined: 09 Feb 2003
Location: Koowoompa

PostPosted: Fri Jan 28, 2005 7:27 pm    Post subject: Reply with quote

Ignorance is never a defence. That why the law is written down. It's not their responsibility- It is yours.
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phaedrus



Joined: 13 Nov 2003
Location: I'm comin' to get ya.

PostPosted: Fri Jan 28, 2005 11:28 pm    Post subject: Reply with quote

peemil wrote:
Ignorance is never a defence. That why the law is written down. It's not their responsibility- It is yours.


We should all go get the detailed and written in good English foreigner's manual we forgot to grab on our way into Korea at immigration.

Immigration's website is definitely lacking.
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Rather_Dashing



Joined: 07 Sep 2004

PostPosted: Sat Jan 29, 2005 5:46 pm    Post subject: Reply with quote

Like another poster already said: ignorance of the law is never a defense, and I personally don't know of any industrialized country where it is a defense.

However;

recall that there are two components to any crime: Aus Ralie and Mens Rae. Aus Ralie is the crime itself, and Mens Rae is the intent. By committing a crime that you did not know was a crime, the Mens Rae is eliminated. Therefore you are guilty of the crime, but the judge will probably give you a much smaller penalty than if you knew it was a crime.
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mack the knife



Joined: 16 Jan 2003
Location: standing right behind you...

PostPosted: Sat Jan 29, 2005 8:10 pm    Post subject: Reply with quote

Quote:
Bottom line...deal with it


Been there, done that, no fee. You see, here's how it goes down when dealing with Mack the Knife:

I go into immigration and they give me some crap about a law/penalty about which I knew nothing. I inform them, politely, that I will pay this fine at the approximate hour/minute/second that hell freezes over. Then, I do the sensible thing and call my Korean wife, who knows how the system works (knows how the system enjoys cheating unsuspecting foreigners and natives out of their hard earned money). She has a nice chat with the immigration officer and our local government office, and, as it turns out, if I go to said govt. office and get the address changed on my ARC, then bring the ARC back to immigration the following day, no penalty will be levied. So, I follow the wise words of my wife, and, lo and behold, everything goes smoothly at immigration and I still have W500,000 to spend on a celebration honoring the fact that JUSTICE DOES PREVAIL and IGNORANCE IS IN FACT A DEFENCE.

The. End.






P.S. Immigration officers can be eminently reasonable when confronted with logic if, and typically only if, you have a Korean helper. Remember, I posted this to keep your ass out of the sling. I get no personal satisfaction from the abuse/negativity on this board, unless I'm dishing it out. Word.
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dbee



Joined: 29 Dec 2004
Location: korea

PostPosted: Sun Jan 30, 2005 8:31 am    Post subject: Reply with quote

the worldwide rule with immigration is simple,

never ever mess with them, you are in their country at their leisure and anytime that they see fit, they can make life very very difficult for you....

if you think that the red tape in Korea is worse than anywhere else you are sorely mistaken. This rule is the same for every country I have ever lived in, (around eight in total).

Even in thailand, the tourist 'paradise', the hostel or hotel that you stay in has to by law register you with the local police station so that even if you are there only one night, immigration knows exactly where and how to find you.

Ignorance may be a reason, but it's never an excuse. And it doesn't matter who you know ... however, they are human, and asking nicely tends to get you alot further than putting your foot down ever would.

Thats my experience of it anyway ...
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