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Foreign Prof. Seeks to Sue Ministry of Justice
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Tue Jan 27, 2009 1:14 am    Post subject: Foreign Prof. Seeks to Sue Ministry of Justice Reply with quote

Foreign Prof. Seeks to Sue Ministry of Justice
By Kang Shin-who, Korea Times (January 27, 2009)
http://www.koreatimes.co.kr/www/news/nation/2009/01/117_38476.html
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Tue Jan 27, 2009 1:17 am    Post subject: Reply with quote

Foreign Prof. Seeks to Sue Ministry of Justice

By Kang Shin-who
Staff Reporter

An American professor, who was forced to leave South Korea due to a past child molestation conviction in the United States, plans to file a lawsuit against the Korean immigration authorities.

``I will fight against the Immigration Office for my right to return to Korea and take my job back. My university still wants to work with me,'' Mark McDowell, an English professor at Hannam University in Daejeon, told The Korea Times in a telephone interview, Tuesday.

Korean authorities recently discovered that McDowell had been convicted of child molestation in 1996 when he was a middle school teacher in the United States. He was jailed for six months in 1997 for inappropriate behavior with girls under the age of 14.

McDowell has taught English in Korea as a teacher and professor for the last 10 years.

After the Daejeon Immigration Office confirmed his criminal record, he faced deportation in line with the country's Immigration Law. ``A foreigner who is viewed (by the authorities) as highly likely to disturb public order is subject to deportation,'' an immigration officer said.

The authorities put him in a detention center but he opted to leave the country rather than be detained in the center for a month, the period of review for deportation. He hired an attorney to file a ``formal objection to deportation,'' but as the lawyer failed to do so in time, he opted to leave Korea two weeks ago to avoid being detained further.

The professor said he was unfairly treated by the Immigration Office. ``My convictions have been legally expunged, meaning I no longer even have to say I was convicted of anything at all. I have had no trouble in Korea for nearly 10 years. I appeal to Korean people for their support in fighting this evil thing that the Immigration Office has done to me,'' McDowell said in an email.

``I want the people to know the truth, and the horrible way the office has treated me. The office threatened to lock me up for the duration of my `formal objection to deportation,''' he said. ``That's is completely illegal because it can only send people to its detention center if they have good reason to believe that person will flee.''

McDowell is now staying in another Asian nation. He is seeking donations to file a ``Writ of Habeas Corpus'' to challenge the original convictions by hiring an attorney in the United States, which costs over $10,000.

The immigration authorities have not demanded that E-1 (professorship) visa applicants submit proof of the lack of a criminal record, while E-2 (foreign language lecturers) visa applicants must provide this. The government has required E-2 visa applicants to submit documents on criminal record and health checks since December 2007, after the arrest of a pedophile suspect in Thailand who had taught children in Korea.

Many E-2 visa holders have complained that the government should apply the same visa screening rules to foreign English teachers holding other visas. They are calling for the government to use the same restrictions on teachers holding other types of visas such as E-1, F-2 or F-4.

[email protected]
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Tue Jan 27, 2009 1:32 am    Post subject: Reply with quote

I'm having a hard time finding any sympathy for this man. There are parts to this story that just don't add up. If anyone happens to know him or his story, maybe you could fill in some of the missing pieces.


Quote:
He hired an attorney to file a ``formal objection to deportation,'' but as the lawyer failed to do so in time, he opted to leave Korea two weeks ago to avoid being detained further.



He now wants a "day in court" even though he COULD have filed to have a hearing, but his "lawyer' failed to file his paperwork.


Quote:
``That's is completely illegal because it can only send people to its detention center if they have good reason to believe that person will flee.''


But, he did flee, so he WAS a flight risk.

Quote:
The professor said he was unfairly treated by the Immigration Office. ``My convictions have been legally expunged, meaning I no longer even have to say I was convicted of anything at all.


WHEN were the "convictions" expunged? Did he ever lie about the convictions in order to get a passport, visa, or employment? Also, how did Korean authorities discover his past criminal convictions? If HE came forward, on his own, that says more than if someone else alerted authorities about his past.
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yingwenlaoshi



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

PostPosted: Tue Jan 27, 2009 2:03 am    Post subject: Reply with quote

From what I gather, he was just being deported and there was no reason to detain him. He wasn't being charged for anything, so there was nothing to flee from.
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Xuanzang



Joined: 10 Apr 2007
Location: Sadang

PostPosted: Tue Jan 27, 2009 2:08 am    Post subject: Reply with quote

Why is he asking for donations? You`d think 10 years of being gyo su would have netted him some sort of coin by now. I`m thinking someone probably ratted him out to the authorities or he drank too much and incriminated himself to a coworker.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Tue Jan 27, 2009 2:54 am    Post subject: Reply with quote

Xuanzang wrote:
Why is he asking for donations? You`d think 10 years of being gyo su would have netted him some sort of coin by now. I`m thinking someone probably ratted him out to the authorities or he drank too much and incriminated himself to a coworker.


There are free legal aid organizations in the USA.
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Xuanzang



Joined: 10 Apr 2007
Location: Sadang

PostPosted: Tue Jan 27, 2009 3:41 am    Post subject: Reply with quote

wylies99 wrote:
Xuanzang wrote:
Why is he asking for donations? You`d think 10 years of being gyo su would have netted him some sort of coin by now. I`m thinking someone probably ratted him out to the authorities or he drank too much and incriminated himself to a coworker.


There are free legal aid organizations in the USA.


Pro bono deserves to go to someone more deserving.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Tue Jan 27, 2009 4:26 am    Post subject: Reply with quote

Xuanzang wrote:
wylies99 wrote:
Xuanzang wrote:
Why is he asking for donations? You`d think 10 years of being gyo su would have netted him some sort of coin by now. I`m thinking someone probably ratted him out to the authorities or he drank too much and incriminated himself to a coworker.


There are free legal aid organizations in the USA.


Pro bono deserves to go to someone more deserving.


If even the ACLU turns someone down for legal assistance, that's a bad sign.
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yingwenlaoshi



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

PostPosted: Tue Jan 27, 2009 4:34 am    Post subject: Reply with quote

Wasn't this in the news just a couple of weeks ago or so? I think so. I remember reading an article, and here on Dave's, actually, talking about a professor in Daegu, etc. Don't think it named him.

That's how they found out.
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Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Tue Jan 27, 2009 5:21 am    Post subject: Reply with quote

Ying,

I think you are referring to this one and I was thinking the same. It's an interesting twist to the story. The chances he'll be allowed back are nil.

In case you don't have it bookmarked here's a great tool for searching Dave's:

http://www.google.com/coop/cse?cx=006359271486458796786%3A_ooozypbm6u
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moosehead



Joined: 05 May 2007

PostPosted: Tue Jan 27, 2009 6:16 am    Post subject: Reply with quote

wylies99 wrote:


If even the ACLU turns someone down for legal assistance, that's a bad sign.


the ACLU only takes constitutional cases.

if he's a convicted child molester - probably now a registered sex offender and can't get work in the U.S. so he came overseas.

typical attitude to boot - they don't see what they've done that's so terrible - even when they start going for younger and younger victims - they are a sick twisted bunch!!

also don't think he could get that kind of record "expunged" - he's just trying to raise a ruckus because he's in total denial of his own f*cked up self. Twisted Evil
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antoniothegreat



Joined: 28 Aug 2005
Location: Yangpyeong

PostPosted: Tue Jan 27, 2009 7:32 am    Post subject: Reply with quote

let's see, he is convicted of doing something inappropriate sexually with a 14 year old girl, and he wonders why people here dont want him teaching 20 year old girls obsessed with grades and obedient to authority figures.

maybe college girls are too old for him.
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yingwenlaoshi



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

PostPosted: Tue Jan 27, 2009 7:42 am    Post subject: Reply with quote

antoniothegreat wrote:
let's see, he is convicted of doing something inappropriate sexually with a 14 year old girl, and he wonders why people here dont want him teaching 20 year old girls obsessed with grades and obedient to authority figures.

maybe college girls are too old for him.


Yeah, that's a head scratcher. The VSS with the Canadian CRC's sole purpose is to check for such crimes that have been pardonned. So...

He is SOL. Christ, if Korea convicted those guys from the Indian vessel,...

Well you get the picture.

How can that guy even begin to squawk about this?
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yingwenlaoshi



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

PostPosted: Tue Jan 27, 2009 7:43 am    Post subject: Reply with quote

Milwaukiedave wrote:
Ying,

I think you are referring to this one and I was thinking the same. It's an interesting twist to the story. The chances he'll be allowed back are nil.

In case you don't have it bookmarked here's a great tool for searching Dave's:

http://www.google.com/coop/cse?cx=006359271486458796786%3A_ooozypbm6u


Yeah, that's the one. I'm going to read it again and look into the history of it all...

Yup. See ya, buddy. When they changed the regulations to require a background check, he changed his visa to an E1 during the grace period. Nice-uh.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Jan 27, 2009 5:57 pm    Post subject: Reply with quote

I particularly "like" this phrase "my right to return to Korea..."


Hello? The only country he has a "right" to return to is his own.

He has no right (legal or moral) to return to Korea.

And since Korea doesn't want convicted child molesters teaching their children (nor does any other country) he's gone...and good riddance.

I doubt he'll garner much sympathy or donations.
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