Korean Job Discussion Forums

[mai]

Hello everyone,

I will be forever indebted to whoever helps me here.

Situation: I'm trying to quit my hagwon job gracefully for a job with gepik/smoe. After searching this forum for days I haven't found a clear-cut answer, so I'm seeking your advice. I've been told to switch to gepik/smoe, all I need is a letter of release from my current employer, my passport, arc card, a contract from my next employer, and some paperwork. Can someone verify this?

I'd really like a step-by-step instruction on how to do this gracefully. Two months notice is what my contract says, so I'm thinking I should present a letter of release prior to signing a new contract, but I don't know if that's the right thing to do.

For what it's worth, contractual details:

"Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances:
A. The health of the Employee is such that it is deemed impossible for the employee to continue carrying out the responsibilities of the position.
B. Misconduct by the employee either professionally or otherwise.
C. Blatant misconduct by Employee or Dependants violation of Korean Law.
D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

10. Notification Requirement : Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but are not limited to: blatant or gross misconduct, conducting classes under the influence of intoxicants such as alcohol or illegal drugs, continual tardiness and/or absence from assigned classes. If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract."

Once again, I'd greatly appreciate your help on this matter. I've been hearing mixed answers for a long time now and I need advice from those who know the current laws.

P.S. - I called 02-135 (I was told that's the number for immigration) and they mentioned nothing about a 9 month rule (I've been here 2 months), and assured me I don't have to resubmit my diploma/transcript/criminal background check. And yet I see some of you insisting this is a requirement.

Thanks in advance!

[tired of LA]

All you need to transfer your visa is a new contract, LOR, application and new schools business registration number, assuming you already submitted a medical check and CRC with your first visa. However, immigration requires you complete 9 months of a contract before they let you transfer the visa, this is the 9 month rule they talked about. If you meet this requirement, then you only need the documents above. However, if you don't, then you technically have to get a new visa, which means a new visa with new paperwork, CRC, transcripts etc. However, some immigration officers might overlook the 9 month rule, but it depends on who you get.

Also, just because you comply with the contractual terms, doesn't mean your employer is required to give you an LOR.

[SSA]

I know a guy who was working in a hagwon and applied to EPIK. After receiving his application EPIK called him and asked when his contract was up with the hagwon. He had also been in the current job for about 2 months. They told him that they could not proceed with his application because EPIK doesn't agree with the circumstances he would have to go through. i.e quitting and transferring visa or getting new visa. They said that he would be 'voluntarily withdrawing his application' so that he would be free to apply again once his contract with the hagwon was over.

Have to applied to EPIK/SMOE already? I am not saying this will happen to you, as with everything in Korea it different every time its done but just another thing to be aware of.

[Manuel_the_Bandito]

There is no "graceful" way to quit a hagwon mid contract and get another teaching job in Korea. Your employer will dispise you and quite likely try to make things as difficult as possible for you.

[mai]

Thanks for the responses everyone!

However, I'm really taken back by the amount of conflicting information on this subject!

I have been here for 2 (two) months and this is my first E-2 Visa. Can I not give my two months notice and be able to transfer my Visa to the new employer (public school system)? I explained this to immigration over the phone and they said it was possible WITHOUT having to cancel my Visa.

And if I have to cancel my E-2 and restart the process, are you absolutely certain that I need to resubmit a Criminal Background Check? Again, immigration said I would not be required to resubmit that because I've only been here 2 months.

Clarifications, please -- and sincere thanks in advance.

[cruisemonkey]

The thing is - no one on 'Dave's' can clarify what Immi can't clarify.

Coming from 'western' countries, we're all used to government regulations that apply uniformly. Such is not the case in K-land: two different Immi offices will apply the same reg. differently; two different Immi officers within the same office will apply the same reg. differently; and, the same officer within the same office will apply the the same reg. differently at different times.

[Draz]