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Illegal work while waiting for visa
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formulaic



Joined: 27 Jan 2005
Location: seoul

PostPosted: Tue Oct 07, 2008 6:38 am    Post subject: Illegal work while waiting for visa Reply with quote

Hi,

I started my latest job seven months ago however my visa only came through when I was three months into the job due to the trouble involved in collecting all the correct docs from here in Korea and the processing time. The police came to my hagwon today to say I had been working illegally for those three months so I've to go to the police station tomorrow evening. There are two things I can say to them.

1. I can be honest and say that while I knew I was working illegally there was nothing immoral about it as I had all the correct qualifications, had taught here before with a visa and was only being held back by the rigmarole of collecting the newly required police certs etc. to get my new visa for my new job.

2. Deny I worked illegally. My pay went into my bank accoutn so i guess they could check that.

Does anyone know which option i should choose, or of any other options, and the potential ramifications of each one.

Thanks for any (quick!) help
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Zaria32



Joined: 04 Dec 2007

PostPosted: Tue Oct 07, 2008 6:42 am    Post subject: Reply with quote

The moral argument will not help, as you WERE working illegally, even if fully qualified.

I'd take this line: I'm so sorry this situation arose. I love Korea, and I love teaching here. I guess there was some confusion with the new laws from immigration. I certainly hope we can work something out so that I can continue to teach.

This admits nothing, blames no one and is non-critical and non-threatening. If they say "Did you know you were teaching illegally?" I'd looki quizical, and say, "Gosh, I don't think I gave it any thought. I just assumed everything was being taken care of."

Don't criticize anyone, and don't admit anything (but don't deny the obvious, just play dumb, concerned etc.)
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Join Me



Joined: 14 Jan 2008

PostPosted: Tue Oct 07, 2008 6:47 am    Post subject: Reply with quote

If in fact the police showed up instead of immigration, that could be a good thing. They may just want to give you an ass chewing. I think being dishonest with them would be a quick way to piss them off and get immigration involved (if in fact you are not currently dealing with immigration). Maybe if you are cool and explain your situation (you don't need to offer more details than they ask for) they will cut you some slack. If you are not honest with them though (sounds like they must have some info on you already and yes they should be able to check your deposit history), you will probably find things going down hill quickly. I am not advising you what to do...just stating my opinion that I don't think trying to outright lie to them is going to help your case.

The biggest problem you are going to have is your boss. He or she is going to lie like crazy and then eventually roll over and toss you under the bus exposing any lies you may have told...another reason I don't think lies are in your best interest.

Update us.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue Oct 07, 2008 8:56 am    Post subject: Reply with quote

You will get a lot of advice, much of it bad, and you have to make your own decisions. This could be big trouble for you. Hopefully, it's nothing.

My advice:

1. Talk to a lawyer. Somewhere. In Korea or back home. Listen to the lawyer more than the Dave's experts.

2. Don't lie. This will bring bigger problems.

3. Don't volunteer any information not requested - unless, somehow, it exonerates you. Better to clear it through your lawyer beforehand. From the sound of your story, nothing will exonerate you.

4. First, listen. Find out all that you can.

5. Maybe you can ask questions. Maybe that will cause more trouble or questions for you.

6. Dress nicely. Act innocent. Look innocent. Stay very polite and calm.

7. Don't waste time on Dave's. Talk to a lawyer.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Tue Oct 07, 2008 10:17 am    Post subject: Reply with quote

Why are the police getting involved? I thought this was an immigration thing. I guess immi could have the police involved. Immi has to be involved with this from the get go. You'd think they would have at least sent one of their officers along with the police.

This sounds strange to me.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Tue Oct 07, 2008 1:38 pm    Post subject: Reply with quote

Play dumb, admit nothing and give them a 'gift' - a plain envelope with a couple of hundred thousand won in it.
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Juregen



Joined: 30 May 2006

PostPosted: Tue Oct 07, 2008 6:29 pm    Post subject: Reply with quote

Be as apologetic as you can get and try to pass the buck to the hagwon owner.

He misinformed you and such .....
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formulaic



Joined: 27 Jan 2005
Location: seoul

PostPosted: Mon Oct 13, 2008 10:23 pm    Post subject: Reply with quote

Hi,

Thanks for your above input.

After my manager spent the past week reassuring me that he had a friend in the police station etc. today he said that at our meeting with the police tomorrow where I must give my formal statement, I will be put "under investigation." He also said my fine is likely to be 5 million Won.

Obviously i don't want to pay this so am considering my options. As such I have two questions which i don't know the answer to:

1. As I have 15 million in the bank can i go to the bank and withdraw this in cash in one transaction?

2. After being put 'under investigation' my manager says I cannot leave the country. Is this true? Will I be stopped at immigration if I try to get a flight out of here, or is he misling me?

Thanks for any help.
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mogbert



Joined: 10 May 2004

PostPosted: Mon Oct 13, 2008 10:46 pm    Post subject: Reply with quote

Hagwon owner + police officer friend + 5 million won fine = scam!

run for your life!
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Juregen



Joined: 30 May 2006

PostPosted: Tue Oct 14, 2008 12:59 am    Post subject: Reply with quote

mogbert wrote:
Hagwon owner + police officer friend + 5 million won fine = scam!

run for your life!


I must agree with the above. Talk to a lawyer?
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Tobias



Joined: 02 Jun 2008

PostPosted: Tue Oct 14, 2008 1:12 am    Post subject: Wow Reply with quote

Wow. You gotta be shitting us. Five MILLION won fine? Forget that. I'd be flying out of here before I'd pay that.

Time to find out how this ball got rolling. Did someone rat you out? Did your boss and this police department weave a spider web to snare you?

Yes, keep us updated on this.

This is one of those "Wish we had a union" situations.

Best of luck. You may need it.
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formulaic



Joined: 27 Jan 2005
Location: seoul

PostPosted: Tue Oct 14, 2008 1:22 am    Post subject: Reply with quote

Thanks for your time but I really would like to know if anyone can answer these two questions...

1. As I have 15 million in the bank can i go to the bank and withdraw this in cash in one transaction?

2. After being put 'under investigation' my manager says I cannot leave the country. Is this true? Will I be stopped at immigration if I try to get a flight out of here, or is he misling me?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Oct 14, 2008 1:40 am    Post subject: Reply with quote

formulaic wrote:
Thanks for your time but I really would like to know if anyone can answer these two questions...

1. As I have 15 million in the bank can i go to the bank and withdraw this in cash in one transaction?

2. After being put 'under investigation' my manager says I cannot leave the country. Is this true? Will I be stopped at immigration if I try to get a flight out of here, or is he misling me?


1) yes but it will be a big stack of money. (1500 bank notes).

2) maybe....
... a) If the police notified immigration (or if immigration notified the police causing the investigation) they will confiscate your passport at passport control when you try to leave.
... b) If immigration was not notified then no-one will notice you leaving.

3) Is there any way to find out before you get to passport control - NO.

.
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formulaic



Joined: 27 Jan 2005
Location: seoul

PostPosted: Tue Oct 14, 2008 6:28 am    Post subject: Reply with quote

Thanks ttompatz.

Any idea what happens if they take your passport at passport control. Do they just shoo you back into Korea or do they shoo you into a prison cell and call immigration?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Oct 14, 2008 7:47 am    Post subject: Reply with quote

formulaic wrote:
Thanks ttompatz.

Any idea what happens if they take your passport at passport control. Do they just shoo you back into Korea or do they shoo you into a prison cell and call immigration?


They just take your passport and send you back into Korea and you are not allowed to leave until you have your legal mess straightened out and clearance to leave.

.
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