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Whistleblower

Joined: 03 Feb 2007
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Posted: Wed Dec 26, 2007 8:15 am Post subject: Misunderstanding of New E-2 Visa |
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What are your opinions of the article below? Nice to see some Koreans coming out of the woodwork hey?
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Misunderstanding of New E-2 Visa
By Lee Dong-wook
Some recent articles in The Korea Times by E-2 visa holding English teachers were shocking to my colleagues and myself who work in the Korea Immigration Service, the Ministry of Justice.
Let me take some examples one by one.
Firstly, Mr. David Louis Quick, an American English teacher, made incorrect claims in his Dec. 5 article, which can be summarized as follows:
(1). The Ministry of Justice seemingly made no attempt to understand the situation of native English teachers and the bureaucracy of their home countries.
(2). A criminal records check in the U.S. is only effective if it is conducted at a national level and the only way to be truly sure that the criminal check is conducted nationally is to have it done by the FBI.
(3). Prospective and current teachers will simply choose to teach in Japan, China or other countries, which do not require such an extraordinary burden to be borne by the employee alone
When one makes arguments, it is very easy for people to fall into the trap of emotional feelings and become very illogical, unless he is well trained in logical reasoning. He was too farfetched in many ways.
The Ministry of Justice, nay more specifically my colleagues and I have made every possible attempt to understand the situation of native English teachers and that of their home country's legalities.
To take a few examples, we are maintaining very close contact with seven embassies _ the United States, Canada, the United Kingdom, Ireland, Australia, New Zealand and South Africa ― from countries whose citizens qualify for the E2 visa.
He also argues that it may take up to seven months to get his criminal record if he uses the FBI services. Thanks to my personal experience as a member of the New York bar and with experience working at an American court and the Korean Ministry of Justice, I can say he was wrong or at least very misguided.
There are several ways he can get his criminal record from Korea. Other than using the FBI service, he can use the following options:
(1). If he contacts a local police station by fax or by mail, he can get the documents sooner and notarized at the U.S. Embassy in Korea.
(2). If he is uncomfortable with the local police station, he can use a privately-run criminal check system, for example an online site (http://www.criminalbackgroundrecords.com), although he may be charged up to $59.95.
He needs to have the documents notarized in his embassy. However, in the process of notarization, he can be charged if he commits perjury.
For citizens of other countries where such Web sites do not exist, we are also in close contact with other embassies and can find reliable alternatives. For example, if there are other regulations that make it difficult to get a criminal record in a short period of time, we are willing to provide a grace period with a sufficiently reliable explanatory note from the relevant embassies here in Korea.
I have good reason to believe that the majority of E-2 teaching visa holders have no problems with these regulatory changes. Despite this personal belief, there is a strong outcry among the Korean people against the potential risks posed by some problematic English teachers.
To name a few, Mr. Christopher Paul Neil, the serial child sex offender was detected while teaching in Korea with the false documentation. There were sporadic news reports about the holders of fraudulent diplomas and drug use this year.
Of course, I do not believe that every English teacher is like Mr. Neil. For that reason, my colleagues and I are working hard to understand the situation of the native speakers more.
Mr. Quick also mentioned in a semi-threatening way that ``prospective and current teachers will simply choose to teach in Japan, China, or other countries, which do not require such an extraordinary burden � "
Between the two difficult tasks of not burdening too much on the E-2 visa holders and helping Korean students learn in safe environments, my colleagues and I myself will take a very cautious and balanced approach. But the bottom line is very clear: We cannot tolerate sex offenders in classrooms.
If Japan, China, and any other countries do not require such an extraordinary burden from English teachers and leave their children at the risk of being exposed to sex offenders and if many English teachers here opt for China or Japan to avoid the criminal record check, I do not have many choices but to lament about the safety of the children in China and Japan.
Because everyone in any country and regardless of whether they are children or not, need to be protected from sex offenders, drug addicts and fraudulent diploma holders.
Secondly, I would like to mention Mr. Brian Deutsch's Dec. 8 article titled ``About Foreign Teachers.'' At the end of his article he abruptly mentions: ``And lately, I have the impression that Korean officials are actually trying to repel all its [native English] teachers."
To this argument, I would like to say that he was wrong, very wrong. If we really wanted to force all teachers away from this country, we would not have had the meetings with consular officers. We would not consider having grace periods for the E-2 teaching visa holders.
We would not accept the declaratory affidavit notarized by the embassy as a temporary measure till the true and accurate criminal background record arrives.
If Mr. Deutschland is still skeptical simply because of his ``impression,'' please feel free to contact my colleagues or myself and we are willing to provide more detailed information and explanation.
Lee Dong-wook is a member of the New York Bar and the American Immigration Lawyers Association and currently working with the Korean Ministry of Justice. He can be reached at [email protected]."
(http://www.koreatimes.co.kr/www/news/opinon/2007/12/160_16182.html) |
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Draz

Joined: 27 Jun 2007 Location: Land of Morning Clam
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Posted: Wed Dec 26, 2007 9:11 am Post subject: Re: Misunderstanding of New E-2 Visa |
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Whistleblower wrote: |
(3). Prospective and current teachers will simply choose to teach in Japan, China or other countries, which do not require such an extraordinary burden to be borne by the employee alone |
I redid all my research on other countries and found that even in the worst case (apostille everything, consulate interview, criminal and medical checks every year) Korea still offers a much better deal. |
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Unposter
Joined: 04 Jun 2006
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Posted: Wed Dec 26, 2007 9:14 am Post subject: |
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I would seriously like to know what are the statistics of E-2 visa holders who are sex offenders, drug abusers and degree frauders. I trully hope immigration actually based their policies on real studies and statistics and not emotional responses to tv programs.
I think there would be a much better understanding of the visa regulations if we understood the extent of the problem, if there is one. |
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Netz

Joined: 11 Oct 2004 Location: a parallel universe where people and places seem to be the exact opposite of "normal"
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blurgalurgalurga
Joined: 18 Oct 2007
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Posted: Wed Dec 26, 2007 12:09 pm Post subject: |
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"To name a few, Mr. Christopher Paul Neil, the serial child sex offender was detected while teaching in Korea with the false documentation. There were sporadic news reports about the holders of fraudulent diplomas and drug use this year. "
Huh? The evil paedo faked his degree, too? |
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idonojacs
Joined: 07 Jun 2007
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Posted: Wed Dec 26, 2007 12:47 pm Post subject: |
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By Lee Dong-wook:
Quote: |
When one makes arguments, it is very easy for people to fall into the trap of emotional feelings and become very illogical, unless he is well trained in logical reasoning. |
Yes, some ESL teachers are reacting emotionally and illogically, Mr. Lee. But I am afraid you and most of the Koreans involved in writing and implementing these rules are not providing the superior role model you imply.
And you do not have the expertise in American procedures that you claim. Did you falsify your credentials? If you go to a local police station in the U.S., they may be able to provide a state criminal background check, but more likely will refer you to the state police, as happened to me. Either way, you are not going to get a national records check, which was the whole idea behind these new rules. So you have wasted our time and Korea's.
And the Canadian pedophile never submitted any criminal records check. If Korea had done their job of checking credentials before letting teachers in using the rules that already existed, he would never have been allowed to teach. The fault was 99 percent Korea's.
So the whole response to this isolated incident, combined with the response to the Koreans who lied about credentials (no one ever made any attempt to check the art curator's credentials, either, this time with the collusion of corrupt Korean officials) is highly illogical, to quote Mr. Spock, the emminent expert in Vulcan reasoning. |
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lastat06513
Joined: 18 Mar 2003 Location: Sensus amo Caesar , etiamnunc victus amo uni plebian
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Posted: Wed Dec 26, 2007 2:29 pm Post subject: |
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For s&ges, I called the New Haven Police Department on Union Ave. about the requirements for a local background check....they said a written request with contact info and the reason why a request was needed plus $2.00 for the research and $15.00 for each page the check involved.
I asked if it would have detailed info into my background and they said that it was only local and that if an extensive is needed, I would have to contact the state police department in Middletown and it takes alot longer and cost alot more.
Plus, he mentioned about using a private company that would do the CRC for the individual. What he DID mention was that it costs about $59.00 (or more) for the check. What he DIDN'T mention was that the checks are usually done by the companies, not the individual.
Many old-timers might want to see this through and go through the hoops, but a 20-something university graduate with student loans and other debts having to go through all this red tape for a possible chance to work at a school that will possibly fire them or let them go without giving them a return ticket or paying them severance or being able to process for their pension.........thats simply insane.....
A person might see themselves in the red even when they leave Korea, not in the black as many people suspect.
One thing I will say, in Vietnam, a person ALSO has to submit a CRC to work there, but the person only has to do it ONCE!!!!!!!!!!!!!!!!!!!
Where as a person applying for a job in Korea, if they have a xenophobic immigration officer who didn't have their coffee that day, might be told to submit a new CRC everytime they change their job and/or renew their visa.
Where's the logic in that? |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Wed Dec 26, 2007 2:54 pm Post subject: |
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Question of the day:
Was Mr. Neil working in Korea on an E2 visa?
I believe the answer is no, but feel free to prove me wrong. |
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Fishead soup
Joined: 24 Jun 2007 Location: Korea
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Posted: Wed Dec 26, 2007 2:57 pm Post subject: |
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We cannot tolerate murderers in our schools.
Example Virginia tech. |
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Boodleheimer

Joined: 10 Mar 2006 Location: working undercover for the Man
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Posted: Wed Dec 26, 2007 3:02 pm Post subject: |
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anybody going to send in a response to this ********** (guy)? |
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Gwangjuboy
Joined: 08 Jul 2003 Location: England
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Posted: Wed Dec 26, 2007 3:09 pm Post subject: |
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Quote: |
To name a few, Mr. Christopher Paul Neil, the serial child sex offender was detected while teaching in Korea with the false documentation. There were sporadic news reports about the holders of fraudulent diplomas and drug use this year. |
I thought he was here on an E7 visa. What have the immigration authorities done to tighten the regulations vis-a-vis the issuance of E7 visas? Nothing. It's not unreasonable to expect a member of the New York bar to do at least a little bit of background research is it? The writer also failed to refer to the forced trips home that many will have to undertake in order to be interviewed at a Korean consulate in their home countries. This is a complete waste of time and does nothing to strengthen the vetting process. I think this aspect of the new regulations is causing the most concern amoung the ESL community. |
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Bibbitybop

Joined: 22 Feb 2006 Location: Seoul
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Posted: Wed Dec 26, 2007 3:20 pm Post subject: |
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some waygug-in wrote: |
Question of the day:
Was Mr. Neil working in Korea on an E2 visa?
I believe the answer is no, but feel free to prove me wrong. |
I have heard different accounts, I'm sure Real Reality or someone with news archives might chime in.
What is more important is that CPN did NOT falsify any of his records, at least I have never heard or read anything about that. The article's author is wrong about CPN not being allowed to teach in Korea: CPN had no criminal record. Furthermore, CPN was being searched for internationally for almost a week before anything in the Korean media surfaced, which may have made his flee to Thailand impossible.
If Korean were serious about keeping their children safe, they would also be putting procedures in place for all foreigners, including kyopos who aren't affected by the new E-2 changes.
They would also not allow a Korean SMOE male teacher who was "convicted" of touching students to keep working in the SMOE system. They would not allow judges to rule "touch of the breasts" of a step-daughter in her bed as a "sign of affection." They wouldn't let rapists, even gang rapists, serve only a few months in prison. All of these issues and more appeared recently in the news. Koreans are a bigger threat to Korean culture than foreigners. Foreigners are outraged when a fellow foreigner harms a child. Koreans don't seem to have that rage when one of their own is the criminal. They just elected Lee MyungBak (though he hasn't been a sexual criminal).
Another issue the article fails to mention is that "working closely with embassies" isn't helping people get their documents. Like the news states, they couldn't understand why embassies wouldn't help foreigners get a CBC. They asked why is there no centralized system? The Korean government needs to ask themselves that question. Like lastat said in bold print, we should only have to produce our documents ONCE. That would be a true, centralized system. |
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Colorado
Joined: 18 Jan 2006 Location: Public School with too much time on my hands.
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Posted: Wed Dec 26, 2007 3:29 pm Post subject: |
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Have US Embassy officials changed their minds and decided to start notorizing documents? When did this happen? |
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mrsquirrel
Joined: 13 Dec 2006
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Posted: Wed Dec 26, 2007 3:52 pm Post subject: |
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Quote: |
(1). If he contacts a local police station by fax or by mail, he can get the documents sooner and notarized at the U.S. Embassy in Korea. |
Interesting.
Does that mean that an embassy notarized CRC is ok then? |
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Bibbitybop

Joined: 22 Feb 2006 Location: Seoul
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Posted: Wed Dec 26, 2007 4:00 pm Post subject: |
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mrsquirrel wrote: |
Quote: |
(1). If he contacts a local police station by fax or by mail, he can get the documents sooner and notarized at the U.S. Embassy in Korea. |
Interesting.
Does that mean that an embassy notarized CRC is ok then? |
Lee Dong-wook sounds just as clueless as the rest of the Korean officials about this whole mess. |
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