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idonojacs
Joined: 07 Jun 2007
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Posted: Mon Dec 31, 2007 3:48 pm Post subject: What's wrong with Lee Dong-wook's op-ed article? |
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Find the factual errors, if any, in this opinion piece by Lee Dong-wook, who was admitted to the New York Bar in 2007.
Please be specific, and cite sources where possible that refute any of Mr. Lee's statements.
Better yet, imagine you are a lawyer countering Mr. Lee's statements in a court of law, trying to pursuade a jury you are right and Mr. Lee is wrong.
Since he is a member of the New York Bar, and we do not know whether he is accredited to practice law in Korea, we will say this court is in New York State.
Who would win?
For convenience and clarity, I have numbered the paragraphs.
(Please do not debate whether he is actually a real lawyer. His name, English style, does appear on the N.Y. Bar Association website.)
Quote: |
Misunderstanding of New E-2 Visa
By Lee Dong-wook
1. 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.
2. Let me take some examples one by one.
3. Firstly, Mr. David Louis Quick, an American English teacher, made incorrect claims in his Dec. 5 article, which can be summarized as follows:
4. (1). The Ministry of Justice seemingly made no attempt to understand the situation of native English teachers and the bureaucracy of their home countries.
5. (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.
6. (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
7. 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.
8. 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.
9. 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.
10. 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.
11, There are several ways he can get his criminal record from Korea. Other than using the FBI service, he can use the following options:
12. (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.
13. (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.
14. He needs to have the documents notarized in his embassy. However, in the process of notarization, he can be charged if he commits perjury.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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 … "
20. 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.
21. 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.
22. 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.
23. 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."
24. 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.
25. We would not accept the declaratory affidavit notarized by the embassy as a temporary measure till the true and accurate criminal background record arrives.
26. 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.
27. 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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Hanson

Joined: 20 Oct 2004
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Posted: Mon Dec 31, 2007 4:28 pm Post subject: |
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Well, numbers 8 and 9, for starters...
Lee Dong-wook wrote: |
8. 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.
9. 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.
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US Embassy wrote: |
Regrettably, the Korea Immigration Service (KIS) has placed incorrect information on its website concerning services U.S. embassies can and cannot perform. As of this writing the "New Release: Mandatory Requirements of Criminal Background Check and Health Certificate" on the KIS website contains incorrect information about the length of time it can take to get a criminal records check in the U.S. and also states erroneously that the U.S. Embassy can notarize or certify background checks. We have asked that the incorrect information be removed from the KIS website and we regret any inconvenience or misunderstanding that has resulted from their explanation of our services.
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The_Conservative
Joined: 15 Mar 2007
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Posted: Mon Dec 31, 2007 4:35 pm Post subject: |
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And numbers 12 and 14 are also wrong. American and Canadian embassies do not provide notarization services for CBC's. |
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PGF
Joined: 27 Nov 2006
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Posted: Mon Dec 31, 2007 4:44 pm Post subject: |
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He is a real attorney admitted to the New York Bar and a member of the American Bar Association, FWIW. |
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icnelly
Joined: 25 Jan 2006 Location: Bucheon
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Posted: Mon Dec 31, 2007 5:29 pm Post subject: |
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Number 14: why do they need the reinforcement of a perjury charge? This seems poorly planned "Hey, why don't we make them notarize it, so if it turns out to be fake, and if the notary catches it, they can be charged with perjury!"
Also, it could be seen as passing the buck of verification to the notary.
That he has thought about the perjury charge shows he isn't as interested in the teachers as he says. Has there ever been any problem with convicting the teachers found to have used fake diplomas? No. There hasn't been any trouble with convictions, but what has come to light is Korea's lack of ability in detecting their own citizens with fake degrees, and those foreign workers with fake degrees.
And, how does this perjury charge fit into the verification, and regulation process for E-2s in South Korea? The charge would be totally seperate, as it would originate from another country, and I doubt there would be little interaction between the two countries on such a charge. |
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Zaria32
Joined: 04 Dec 2007
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Posted: Mon Dec 31, 2007 6:21 pm Post subject: |
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17. Was CPN on false documentation? First I've heard that this was the case... |
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moosehead

Joined: 05 May 2007
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Posted: Mon Dec 31, 2007 6:25 pm Post subject: |
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21.
simple. there's been no proof whatsoever that any of the measures K is taking is going to protect children from sex offenders.
when a sex offender IS caught - how many of you honestly believe it's the first time they've offended? that is, many go unapprehended for some time - it's the very nature of how they not just injure the child but warp their mind into convincing the child (1) they won't be believed if they DO tell someone (2) that the child actually caused it to happen therefore it's THEIR fault and they'll get in trouble (3) or worse, threaten the child or their families with harm if anyone learns about what's happened.
it's really offensive that these new regs are being used as some kind of excuse that sex offenders are hiding amongst us - foreign teachers - when the truth is sex offenders are everywhere, simply everywhere. |
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Boodleheimer

Joined: 10 Mar 2006 Location: working undercover for the Man
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Posted: Mon Dec 31, 2007 6:55 pm Post subject: |
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12.
the Embassy has made an official statement that they will not notarize these things. furthermore, the US State Dept will not notarize documents that are not federal. to wit: a local or state criminal background check cannot be given an apostille from the US State Dept. instead, the apostille must be issued by the office of the secretary of state of the individual state. additionally, it should be noted that the so-called national background check issued by the FBI cannot by notarized by the same. given the experience related by Khenan, it can only be assumed that either (a) the MOJ is unaware that the individual state can issue apostilles or (b) Americans cannot get the required documents period. |
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some waygug-in
Joined: 25 Jan 2003
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Posted: Mon Dec 31, 2007 7:12 pm Post subject: |
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This has been discussed on at least 2 previous threads, so I won't go over all the same things again.
But just a few points, aside from what has already been mentioned:
17. 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.
This is an outright lie! Mr. Neil was not detected while teaching in Korea, but was caught in Thailand after someone in Germany was able to unswirl the image Mr. Neil had posted on the net. While it is true that Mr. Neil had been teaching in Korea, he was here on an E7 visa and was thus teaching illegally. So why the sudden concern about E2 visa holders? Mr. Neil could just as easily been on an F3 or a tourist visa for that matter. The whole justification for these new regs is bogus in my opinion.
Furthermore, even with the new regulations, Mr. Neil could have passed through the system undetected because prior to getting caught in Thailand, he had a clean record.
Sporadic reports of drug use and fraudulent diplomas... Ok. A few clowns in Seoul caught selling drugs, what has that got to do with the rest of us? Were any of these people here on E2 visas or were they here as tourists?
Fake degrees? How do they know the diplomas were fake? Were they proven false or were they only accused of being false. I've read in another thread where people are being asked to verify their diplomas online. While this may be possible in a few cases, for most of us it is not only impossible, but an insult in that we have already submitted our diplomas to the immigration officials along with sealed transcripts from our
respective universities. So now they are saying that even sealed transcripts can be faked?
18. 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.
I think he is working hard to try and justify this knee-jerk reactionary policy on the part of the Korean government. I see little attempt to try and understand the situation of English teachers. Has the government even consulted the foreign teacher community about these new measures? I see no evidence that they have. They simply have accused
us all of being guilty and leaving the burden on us to prove otherwise. There has been no attempt to understand the ramifications of these new regs on people who are already here. For many of us, it will mean trips back to our home countries, the cost of hotels etc, sorting through the various levels of red tape from both governments, to try and get this sorted out. It could take weeks or even months for some of us to get all this stuff in order.
19. 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 � "
Semi-threatening? He was just being realistic. If Korea wants to shoot itself in the foot yet again.....well, what more can I say?  |
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garykasparov
Joined: 27 May 2007
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Posted: Mon Dec 31, 2007 7:37 pm Post subject: |
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I think a second party paid Lee Dong-wook to write that ass-wipe material. |
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idonojacs
Joined: 07 Jun 2007
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Posted: Mon Dec 31, 2007 7:40 pm Post subject: |
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Quote: |
21. 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. |
Mr. Lee, are you saying that if a teacher leaves Korea to teach in China or Japan they must be doing so to "avoid the criminal record check"?
Do you plan to use as so-called proof of the number of "criminals" teaching in Korea statistics on the number of teachers who leave and go to other countries? Must we be guilty of a crime simply because we decide not to teach in Korea anymore?
Could it not be that there are other reasons for teachers to leave, such as the new E-2 regulations, which you yourself describe as "an extraordinary burden"?
Are you saying that other Asian countries do not have laws against child abuse and do not require CRCs before a person is allowed to teach in their countries? Please explain to us why you think Korea's new E-2 regulations will be more effective at screening out convicted child abusers from teaching English here.
Even Thailand has laws against child abuse, and used them to arrest Neil.
One more thing, Mr. Lee. Would you please define the word "criminal" as it applies to Westerners applying to teach English in Korea. You are a member of the New York Bar; do you believe, as stated in the U.S. Constitution that a person is innocent until proven guilty? Or are your views different in Korea, and a foreigner is guilty if they are merely arrested and not convicted, or even if a person calls 911 for help from the police? Are those the standards you use to define whether a person is a "criminal?"
Quote: |
17. ... There were sporadic news reports about the holders of fraudulent diplomas and drug use this year. |
Mr. Lee, you are a government official with the Korean Ministry of Justice and a member of the New York Bar and the American Immigration Lawyers Association. Do you intend to base your argument for major changes in the E-2 regulations upon hearsay reports from the news media? Please tell us whether you consider the news media to be a completely and consistently reliable source for information?
If not, please provide us with statistics to back up your accusations from a reliable source. Criminal activity is a matter of responsibility of the government. Please tells us how many foreigners were convicted of being "holders of fraudulent diplomas" and drug use this year, 2007. And please tell us how many of those were here on an E-2 visa.
What proportion of the approximately 17,000 native English speakers does this number represent, Mr. Lee?
What proportion of native Koreans were accused of holding fraudulent diplomas and using illegal drugs in 2007, Mr. Lee?
Last edited by idonojacs on Mon Dec 31, 2007 8:09 pm; edited 1 time in total |
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blade
Joined: 30 Jun 2007
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Posted: Mon Dec 31, 2007 8:03 pm Post subject: |
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moosehead wrote: |
21.
simple. there's been no proof whatsoever that any of the measures K is taking is going to protect children from sex offenders.
when a sex offender IS caught - how many of you honestly believe it's the first time they've offended? |
Also to my mind having someone provide a background check from their home country does really take into account the fact that people often feel more comfortable committing a crime in a foreign country where the risk of detection is probably less and even if they do get caught Korean immigration has no way of ever knowing about any offense. |
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idonojacs
Joined: 07 Jun 2007
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Posted: Tue Jan 01, 2008 5:39 am Post subject: |
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Interesting point.
I wonder if Kimmi or MOJ has tried talking to Interpol to find out what resources are available?
Why try to reinvent the wheel if there is already some sort of international database of sex offenders. I wouldn't be surprised if there is, given the coordinated international nature of the investigations and busts that hit the news periodically.
If some such information is available, they should use it to screen all visa applicants, including tourists, and not just Western English teachers. |
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PGF
Joined: 27 Nov 2006
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Posted: Tue Jan 01, 2008 5:57 am Post subject: |
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The US is very very open in regards to sharing information re: sex offenders.
Anyone, anywhere can log into any state's sex offender registry.
Not only can you search sex offenders by address, but you can search by name, zip code, etc. And, a picture of the offender appears along side their conviction info.
In the US, anyone can obtain a CBC on any other US citizen. There are no privacy laws protecting felons in the states.
Surely the MOJ knows this? |
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Roch
Joined: 24 Apr 2003 Location: Seoul
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Posted: Tue Jan 01, 2008 7:02 am Post subject: |
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garykasparov wrote: |
I think a second party paid Lee Dong-wook to write that ass-wipe material. |
Total Word. |
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