Korean Job Discussion Forums

adrilou · Joined: 18 May 2006 Location: Canada

ok so for the past 2 months i've been stressing over my situation. in brief, my boyfriend, although graduated, will not have his diploma until october and we need to apply like now. so, we talked to the univeristy and they can give him an official 'certificate of graduation' type document which basically says he has graduated and his diploma is coming. his transcripts will check out fine showing he has completed his courses for the degree. the university said this has worked for other students in the past in the same situation and also a couple people on dave's said they have scraped by with such documentation or heard of others who have. we are not endorsing him to work illegally, so we were planning to try to submit these documents to immigration and just see what happens. so in the next few days we hope to apply for some couple jobs. however, in the likely case that immi says his documents are unacceptable where does that leave me? mine will no doubt be fine, so after having signed the contract for the couple position and him not checking out do i still have to go by myself? this is really my last resort for some type of insight on my situation. i've talked to consulates, the university, and no one can really clarify much for me so any advice would be much appreciated so we can decide whether to apply or not. thanks for your time.

kat2 · Joined: 25 Oct 2005 Location: Busan, South Korea

I did it about 3 years ago that way, but they have really tightened the requirements since then. I would try calling immigration directly. They will have the final say on anything. Your university probably doesn't know the actual ins and outs of korean immigration. And recruiters won't tell you the truth either way. So, talk to immigration directly and explain the situation.
http://www.immigration.go.kr/indeximmeng.html

The other option is that you both come together, but he doesn't work until October.

jmbran11 · Joined: 19 Jan 2006 Location: U.S.

No matter what you sign or what documents you have, you are not under any legal obligation until you arrive in Korea and meet your employer. So, if you decided last minute not to go, you just don't get on the plane and they can't do anything to you. However, this would mess up your chances of getting another work visa within the year, and create a huge mess if you still want to come to Korea in October. Plus, if you've sent your original diploma, your prospective employer may attempt to hold it hostage until you arrive.

ontheway · Posted: Thu Jul 13, 2006 7:45 am Post subject:

Not true! As soon as you sign a contract you are legally bound by the terms of that contract. If it has escape clauses you may get out by using those, but you are bound by the contract terms. Do not sign a contract if you can't come to Korea. Most employers wouldn't pursue you for breach if you didn't come, but they could.

If you "just don't get on the plane," they could sue you for damages. Those damages could easily be more than you would have made in a year. They could possibly attach your wages in your home country. They can certainly obtain a judgement against you in Korea pending any future arrival on your part.

If you have applied for an E2 visa, then you are tied to that school until the term of your visa and contract expire. Immigration will process the documents and give your employer a Visa issuance number, meaning a visa has been issued in your name and you are legally bound to only work for that employer under that contract for its duration.

ontheway · Posted: Thu Jul 13, 2006 7:55 am Post subject:

adrilou,

In your case, you have several options. I'm guessing that you've pressed your boyfriend's university to speed up its diploma issuance and they've turned you down. Some Unis will do this for you.

You could take a job now and bring your boyfriend along (as your temporary househusband) or leave him behind, but have him sign a contract beginning after he gets his diploma in October. You would have different start dates, but you could arrange to have your contracts synchronized by having him sign for a shorter term, or agreeing to extend your contract term.

You cound push your university harder or find an employer who can convince immigration.

You could both wait until October.

Life presents tough choices sometimes.

If you sign a contract, be sure to honor it.

SeoulShakin · Joined: 05 Jan 2006 Location: Seoul

I was finished my degree in June, but my diploma wasn't issued until October. This was last year, so I was in the same situation. I called the Korean consulate and they said that under no circumstances would they accept a document from the University stating my completion, no matter how official it was. There has been a huge crackdown, and they want either your original degree, or a notarized copy of it. Nothing else will suffice.
So unfortunately I had to wait until after October.
So like the other posters said, you have three choices. You can both wait until after October, you can go now and he can come later, or you can both go now, but he'll have to wait until after October to begin working.
Tough choices.
Hope it all works out well Smile

adrilou · Joined: 18 May 2006 Location: Canada

thank you all for your advice since this has been an extremely frustrating for us since we were both really excited to do this together. however, it looks as though i should go first and he should meet me there. is it possible to secure a couple job if he is to meet me in october? or should we just apply individually and try to get schools in the same area? thanks again for your help, it's refreshing to get such quick replies.

kat2 · Joined: 25 Oct 2005 Location: Busan, South Korea

It all depends on the school. Couple jobs usually require that both teachers start at the same time. However, you might be able to find a school that has an opening for you now and then one in October for your boyfriend. Is it possible for your boyfriend to just come with you on a tourist visa. This would allow him to look at schools in the same area as yours (assuming you don't work at the same school).

If you can find a recruiter that you trust, they can help you with thiss too. I recommend KimnJoe. www.kimnjoe.com I think. Most of the jobs are in Busan.

braunshade · Joined: 19 Apr 2006 Location: Somewhere better!

ontheway gave some really stupid advice! I hope you dont take what he/she said into consideration.

jmbran11 · Joined: 19 Jan 2006 Location: U.S.

ontheway · Posted: Sat Jul 15, 2006 4:39 am Post subject:

Sorry to the experts above, but those facts are absolutely true. When you sign and return a contract you become bound by its terms. Employment under contract is not the same as employment "at will." Most of the posters here have never had a contracted professional position in their lives prior to coming to Korea and they have never studied law. Their advice (like the two above) is worse than useless, it is flawed and dangerous to those who follow it.

You can be pursued for damages if you break a contract. You can face serious penalties. The damages you cause could be much greater than your salary for a whole year.

jmbran11 · Joined: 19 Jan 2006 Location: U.S.

ontheway · Posted: Sun Jul 16, 2006 5:07 am Post subject:

Since I have personally witnessed an American being sued simultaneously in Korea and the US under one of these flawed Korean hogwan contracts I can assure you that it is possible. It does depend on numerous factors, most importantly the issues have to be subsatntial and the will of the Korean hogwan owner or director has to be strong enough to pay the high costs involved.

Best advice: make a good deal and honor it.

braunshade · Joined: 19 Apr 2006 Location: Somewhere better!

No one is going to sue you!

People are so paranoid!