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siborg69
Joined: 06 Nov 2007
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Posted: Tue Feb 17, 2009 8:12 am Post subject: question about doing a runner |
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this guy i know is goin to do a runner shortly. but he seems to be a bit of an idiot in that he will be goin to the dmz at the weekend and then busan.....so he wont turn up for work on monday but will still be in the country!! obviously the school will go check his apartment on monday and see that he has gone. if they know that he's still in the country, can they call immigration and get his name flagged somewhere?? or would they not bother doin that. im sure the school would want to track him down though cos he's leaving before his first 6 months are up so he would owe them for the recruitment fee and airfare........so is this guy an idiot and could end up in the shit? |
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polonius

Joined: 05 Jun 2004
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Posted: Tue Feb 17, 2009 8:32 am Post subject: |
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There is nothing immigration can do to force him to stay. If the school reports him to immigration, then he will have 30 days to leave the country. The school can also claim that he owes them money for plane ticket and unpaid bills. They cannot claim anything regarding owing them for the the repayment of recruiter fees, as that is an agreement between the school and the recruitment agency.
He may have trouble getting another visa if the school claims that he owes them money. |
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siborg69
Joined: 06 Nov 2007
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Posted: Tue Feb 17, 2009 8:42 am Post subject: |
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ah i see....about the recruiters fee. i used to work for the school myself and know that it says if he leaves before the first 6 months, he has to pay them for the recruiters fee.........surely if its in the contract, he would have to pay them?? |
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polonius

Joined: 05 Jun 2004
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Posted: Tue Feb 17, 2009 8:49 am Post subject: |
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That would be an issue for the courts and the Labor board. It is an illegal clause. They are not allowed to put in penalty clauses into their contracts. Recruiters have an agreement with schools that if a teacher doesn't stay for 3 months, then the recruiting agency will replace the teacher. The school cannot double dip. Immigration won't do anything about the recruiter clause. It is the airplane ticket that they would have trouble with. |
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Chuvok

Joined: 25 Jan 2009 Location: Russia
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Posted: Tue Feb 17, 2009 1:04 pm Post subject: |
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Why is the guy running? Just curious.
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Ramen
Joined: 15 Apr 2008
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Posted: Tue Feb 17, 2009 4:35 pm Post subject: |
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polonius wrote: |
That would be an issue for the courts and the Labor board. It is an illegal clause. They are not allowed to put in penalty clauses into their contracts. Recruiters have an agreement with schools that if a teacher doesn't stay for 3 months, then the recruiting agency will replace the teacher. The school cannot double dip. Immigration won't do anything about the recruiter clause. It is the airplane ticket that they would have trouble with. |
Immi has nothing to do with the airfare issue. All they care about is foreigners going in and out of the country and whether said foreigner has commited any crime or illegal act in Korea. Doing a runner is not a crime.
With regards to unpaid airfare, it is civil matter that the runner's boss has to recover on his own, but never an immi issue. |
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Ut videam

Joined: 07 Dec 2007 Location: Pocheon-si, Gyeonggi-do
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Posted: Tue Feb 17, 2009 4:57 pm Post subject: |
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Ramen wrote: |
Immi has nothing to do with the airfare issue. All they care about is foreigners going in and out of the country and whether said foreigner has commited any crime or illegal act in Korea. Doing a runner is not a crime.
With regards to unpaid airfare, it is civil matter that the runner's boss has to recover on his own, but never an immi issue. |
This isn't 100% accurate. Depending on the size of the civil matter (i.e., how much money is at stake), a travel ban can be placed on the person. Immi will stop them at passport control and prevent them from leaving the country.
That being said, I'm not sure what's the minimum amount to invoke a travel ban, but I doubt it's as low as the cost of an airplane ticket. In other words, I doubt a small claims judge is going to impose a travel ban. |
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Ramen
Joined: 15 Apr 2008
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Posted: Tue Feb 17, 2009 5:14 pm Post subject: |
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Ut videam wrote: |
Ramen wrote: |
Immi has nothing to do with the airfare issue. All they care about is foreigners going in and out of the country and whether said foreigner has commited any crime or illegal act in Korea. Doing a runner is not a crime.
With regards to unpaid airfare, it is civil matter that the runner's boss has to recover on his own, but never an immi issue. |
This isn't 100% accurate. Depending on the size of the civil matter (i.e., how much money is at stake), a travel ban can be placed on the person. Immi will stop them at passport control and prevent them from leaving the country.
That being said, I'm not sure what's the minimum amount to invoke a travel ban, but I doubt it's as low as the cost of an airplane ticket. In other words, I doubt a small claims judge is going to impose a travel ban. |
Travel ban requires some sort of judgement from the civil court or court order and you know how long it takes to win a judgement.
I would also agree that it depends on the amount of the judegment. However, airfare of 2 million won or less which is small claims civil court would not be an issue.
If immi ever tries to stop you from doing a runner at the airport, just give your embassy a jingle. You'll be on your flight out right away.  |
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nuthatch
Joined: 21 Feb 2008
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Posted: Tue Feb 17, 2009 5:36 pm Post subject: |
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runner - leave some old clothes hanging up - other things not wanted
leave a note saying you went to a doctor somewhere and will be back in a day or two
vamos! |
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