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Is South Korea a participant in the Apostille process?

 
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robrodjr



Joined: 01 Mar 2008
Location: Gyeongsangnam-do Korea

PostPosted: Wed Apr 02, 2008 4:47 pm    Post subject: Is South Korea a participant in the Apostille process? Reply with quote

I am applying for an esl position in South Korea. I just completed a criminal background check and like dave's esl and many other web sites and ESL job agencies and South Korea schools stated I needed an Apostille placed on the check. So I went to the Rhode Island Secretary of State's office which handles Apostilles to have an Apostille placed on my check. And low and behold the notary claimed that South Korea did not recognize the Apostille process. After much hand wringing she gave me the Apostille. What's going on? Does the South Korean government require the Apostille or not? Any recent hires in South Korea help me out.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Wed Apr 02, 2008 5:00 pm    Post subject: Reply with quote

They did for about 3 months, then last week made an announcement that you only need a consular's approval on your criminal background check, not an apostile. Look at the current threads about the E-2 changes for the info.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Wed Apr 02, 2008 5:27 pm    Post subject: Reply with quote

Bibbitybop wrote:
They did for about 3 months, then last week made an announcement that you only need a consular's approval on your criminal background check, not an apostile. Look at the current threads about the E-2 changes for the info.

This is not accurate.

South Korea became a signatory to the Hague Convention (apostille treaty) in July of 2007. Since that time, foreign documents for use in South Korea are to be authenticated through the apostille process. Since Korea's entry into the apostille convention was recent, some secretaries of state have outdated information. If they check the Hague Convention website (http://www.hcch.net), they can find the full, up-to-date list of convention signatories�including South Korea.

The change that was recently made DOES NOT ELIMINATE THE APOSTILLE REQUIREMENT. It establishes an additional method of authentication for applicants who are already in Korea. Since getting an apostille from one's home country can be difficult for a expatriate, Immigration will also accept authentication from the person's consulate in Korea.

If you are applying from within your home country, this new additional method most likely will not apply to you. South Korea does accept apostilles, and you're doing the right thing by getting one.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Wed Apr 02, 2008 6:56 pm    Post subject: Reply with quote

http://www.immigration.go.kr/HP/IMM80/imm_09/focus.jsp

Here you go, OP:

Quote:

Simplification of documents in applying for an
E-2(Foreign language instructor) Visa


Starting from Mar. 15 2008, the Ministry of Justice decided to leave out the cannabinoid check on a medical record certificate and exceptionally accept the criminal record certificate verified by his/her consular officer(s) in Korea.

The Ministry of Justice has strengthened it's policies on checking the qualifications of E-2 visa holders by requiring the criminal record certificate, the medical record certificate and the interview with Korean consular officer(s) since Dec 15 2007.

As new policies were put in practice, some complaints have broken out such as inconveniences related to the Apostille certification and the cannabinoid check required for the application for foreign registration.

In order to improve the documentation system for an E-2 visa applicants who got the criminal record certificate issued from his/her home country while staying in Korea or came to Korea imminently without proper Apostille certification, the verification of the consul in Korea on the criminal record certificate will be also regarded as valid.

Besides, the valid period of the criminal record certificate will be extended from existing three months to six months.

In addition, those with the E-2 visa issued after Dec 15 2007 no longer need to submit the criminal record certificate to reissue the same type of visa while staying in Korea.

The Ministry of Justice also decided to remove cannabinoid test from the medical record certificate, which is to test drug taking of Marijuana.

The Ministry of Justice will keep monitoring on and gathering public opinion about E-2 visa system in order to provide Korean nationals with superior foreign language education.
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DongtanTony



Joined: 22 Feb 2008
Location: Bundang

PostPosted: Wed Apr 02, 2008 7:49 pm    Post subject: Reply with quote

I echo the sentiments of UT videam.

The apostille process has not been scrapped by any means...especially for US citizens...the process is not that complicated.

1. Obtain your documents--Criminal Background Check and Diploma

2. Find a notary public--my suggestion...go to your city hall...even in smaller cities there are usually at least 10 notaries in any given city hall.

3. Apostille--this is completed through your Secretary of State's office. Call ahead of time to learn the specifics, especially if you are mailing your documents. You usually need 1) a cover letter designating your purpose for receiving the apostille and for which country, and 2) payment enclosed, and sometimes 3) self addressed return envelope with postage.

If you have the ability to travel to both locations...you can complete this process the same day. Get your docs...get in the car...go to city hall...go to your state capital. Done in one day.

CANADIANS do not need the apostille...and that is the center of most of the confusion. Canada is not a signatory state of the Hague Convention...Canadians must verify their documents at their local Korean Consulate General...the same as before.

My opinion about that article that has been referenced is that it failed to make that specific distinction...yes it has been shelved for some, not for others.

OP---you list your location as the USA...my advice, get the apostille.
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DongtanTony



Joined: 22 Feb 2008
Location: Bundang

PostPosted: Wed Apr 02, 2008 7:58 pm    Post subject: Reply with quote

And Bibbitybop...

The article...if we are to believe it for this week...clearly states that these changes are for teachers currently residing in Korea....not first time teachers that are still residing in their home country.

You can't obtain a notarization if your physical presence isn't in the same room as your notary public. Simple. If I'm not there to notarize my documents in person...I can't obtain an apostille. That's the excuse most people are using.

However...state background checks through your Dept of Justice, or Office of Public Safety...whichever it may be called in your state...should in fact provide a notarization without your presence. Since they are state gov't agencies, they can do so without your physical presence, you simply pay an additional fee.

Universities will also issue, in most cases especially state uni's...a certified copy of your diploma, with notarization...without your physical presence, for an additional fee.

There's some leg work and phone calls involved...but come on...an undue burden...hardly. In fact, I think it's valuable that people, especially teachers here in Korea, become a little less complacent and slightly more involved with the inner workings of international employment.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Wed Apr 02, 2008 8:18 pm    Post subject: Reply with quote

Yeah, I posted the immi info just for clarification out of the horse's mouth, even if that horse isn't the brightest of organizations.
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DongtanTony



Joined: 22 Feb 2008
Location: Bundang

PostPosted: Wed Apr 02, 2008 8:19 pm    Post subject: Reply with quote

Bibbitybop wrote:
Yeah, I posted the immi info just for clarification out of the horse's mouth, even if that horse isn't the brightest of organizations.
Very Happy
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Lekker



Joined: 09 Feb 2008
Location: Seoul

PostPosted: Wed Apr 02, 2008 8:22 pm    Post subject: Reply with quote

Bibbitybop wrote:
They did for about 3 months, then last week made an announcement that you only need a consular's approval on your criminal background check, not an apostile. Look at the current threads about the E-2 changes for the info.


I really hate to break it to you, but you are mistaken, please don't take it personally.

I brought a PA State Police Criminal Background check, along with a written affidavit statement verifying that my CRC was true and accurate to the best of my knowledge, and that no changes or alterations had been made. The U.S. Embassy Consular Official here in Seoul typed up a separate Affidavit and stamped it, followed by my signature.

This was done according to what a lot of people who had come to this site to seek information on.

I brought all my documentation to the Immigration officials in Mokdong and they looked at it. The man said it was legitimate. Only problem was that I didn't have the medical check report, so I went to the hospital and completed that. Three days later I went back to the same office in Mokdong and they again said that it was legitimate, and they processed my visa.

AN HOUR LATER, they contacted my new supervisor that I had signed a contract with, after they had processed my E2 Visa, and told her they had made a mistake and CHANGED THEIR MINDS, that the consular Affidavit Statement along with my Affidavit statement was not acceptable, and I would have to submit a notarized and apostilled CRC. My supervisor contacted them and told them that a lot of Americans and Canadians currently here had been granted visas to work here under this particular procedure.

So I am now awaiting a NOTARIZED and APOSTILLED CRC from a company in NYC who is handling everything. They took care of it all in a few days and it is on its way here now.

Fingers are crossed.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Wed Apr 02, 2008 8:40 pm    Post subject: Reply with quote

Lekker,

He's not mistaken, but it sounds as though you've been the victim of miscommunication within the immigration service (imagine that!).

Please see my post at http://forums.eslcafe.com/korea/viewtopic.php?p=1590259#1590259. That e-mail, from a Deputy Director (사무관) at Immigration, is a very clear explanation from a reliable source that the embassy-notarized affidavit IS acceptable. The e-mail includes the name of a contact, Namil Choi (최남일), within the immigration department. According to Mr. Lee (my correspondent), "If there is any discrepancy between Mr. Choi's opinion and other immigration officers', please rest assured to accept Mr. Choi's. His opinion prevails no matter what if it is regarding E-visa."

I would contact Mr. Choi at (02) 500-9068, and then go back to Mokdong Immi. Request that they reconsider their decision, because it is incorrect, and if necessary ask them to speak to Mr. Choi on the matter.

I'm sorry you didn't have this information before you spent so much money on an apostille service. This should have been cleared up with a few phone calls.
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