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Detainment
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hotelcalifornia



Joined: 21 Dec 2010

PostPosted: Thu Dec 23, 2010 7:04 pm    Post subject: Detainment Reply with quote

This seems to come up with some regularity on this forum and I believe the best thing to do is simply refer people to legal advice for their particular situation rather than simply offer what amounts to anecdotal advice....
This is a huge matter for the runner because the airport terminal represents the last door in a nightmare trap... you need to know positively if you will be allowed out. I do not know the ins/outs of law in my own country, that's why we need lawyers... Anecdotal evidence, while appreciated, is not something you can take to the bank.....

That being said, can someone confirm positively that it is criminal, and not civil charges that can lead to being detained. I believe breaking the terms of a contract is clearly a civil matter, and could never result in detainment. I need to know because I may not be able to jet the day after they realize I've split. And just how long would it take to get a flag in the IMM computers anyway?
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Dec 23, 2010 7:21 pm    Post subject: Re: Detainment Reply with quote

I believe the best thing to do is simply refer YOU to legal advice for YOUR particular situation rather than simply offer what amounts to anecdotal advice....

http://www.moj.go.kr/
http://www.hikorea.go.kr/
http://www.k-labor.com/tiki-index.php
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hotelcalifornia



Joined: 21 Dec 2010

PostPosted: Thu Dec 23, 2010 7:27 pm    Post subject: Detainment Reply with quote

So anecdotal advice should be sufficient for everyone else except me?
That's the message I get for your reply.... I don't get what the difference is... you either have solid info or you do not. I understand that it is not a legal advice forum with lawyers, but your message seems negative and directed at me specifically simply for making the point..
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Dec 23, 2010 7:27 pm    Post subject: Reply with quote

1. If it really matters that much, then work the extra day and then split.

2. If your actions really warrant detainment, then what makes you think leaving Korea will be the end of it?

3. They won't know you split. How could immigration know your personal life. If you have a dying parent back home, it would make sense to return. You would really have to have done something serious to be worth keeping you. This brings us back to 2.

4. The hagwon won't know you split. They might call you, they might threaten you, but they can't do anything.

5. Make sure to hand in your ARC card.
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hotelcalifornia



Joined: 21 Dec 2010

PostPosted: Thu Dec 23, 2010 7:31 pm    Post subject: Detainment Reply with quote

Thank you.

I've done nothing wrong criminally. I just don't know the in's/outs of what is possible in this country as far as Immi. and if they want to cook something up, how much time it would take that to put a stop on me. I need 2 days max.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Dec 23, 2010 7:45 pm    Post subject: Reply with quote

Quote:
I need 2 days max.


Then just go the first day. On the second day, call in sick. It will be funny if they threaten to not pay you for that day Laughing

Hagwon: You sick again, no pay!!
Teacher: Thank you for understanding, I will come earlier tomorrow Mr. Scrooge hagwon owner.
Hagwon: You better, bah humbug!!

In my case, it took them 4 days to realize I went to China. That only happened because a Korean friend applied to work for them and I told her Laughing
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Sat Dec 25, 2010 10:51 pm    Post subject: Re: Detainment Reply with quote

hotelcalifornia wrote:
Thank you.

I've done nothing wrong criminally. I just don't know the in's/outs of what is possible in this country as far as Immi. and if they want to cook something up, how much time it would take that to put a stop on me. I need 2 days max.


Fair concern re the school cooking something up since they often do.

I agree with the other poster that you should call in sick.


Last edited by TheresaTheresa on Sat Dec 25, 2010 10:55 pm; edited 1 time in total
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Sat Dec 25, 2010 10:54 pm    Post subject: Reply with quote

lifeinkorea wrote:
Quote:
I need 2 days max.


Then just go the first day. On the second day, call in sick. It will be funny if they threaten to not pay you for that day Laughing

Hagwon: You sick again, no pay!!
Teacher: Thank you for understanding, I will come earlier tomorrow Mr. Scrooge hagwon owner.
Hagwon: You better, bah humbug!!

In my case, it took them 4 days to realize I went to China. That only happened because a Korean friend applied to work for them and I told her Laughing


In my case the [Mod Edit] thought they had cooked up some new plan to dominate and harass the foreigner so they showed up to my apartment Monday morning (which is Sunday evening in my part of North America and I was already home Laughing Laughing) and found my empty er ... dirty ... apartment ...
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hotelcalifornia



Joined: 21 Dec 2010

PostPosted: Sat Dec 25, 2010 11:05 pm    Post subject: Detainment Reply with quote

Theresa,

Thank you for your input. I have some advice from someone with a lot of experience in this and the message is to not worry if you have done nothing wrong. I have to be in country for 4 days after leaving the school; I will stand and fight a [Mod Edit] charge. I've done nothing wrong. The law is on my side. I am free, and that is something others have died for. It bugs me that I even worry about this [Mod Edit], that it occupies my time.
For them to accuse me of a crime punishable with jail represents a risk to them as well. The bar for civil matters is 50million won. I don't have any parking tickets, unpaid taxes, etc..... that is what they stop you for, not some [Mod Edit] contract. Noone could go anywhere if people had that power over each other.
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Sat Dec 25, 2010 11:25 pm    Post subject: Re: Detainment Reply with quote

hotelcalifornia wrote:
Theresa,

Thank you for your input. I have some advice from someone with a lot of experience in this and the message is to not worry if you have done nothing wrong. I have to be in country for 4 days after leaving the school; I will stand and fight a [Mod Edit] charge. I've done nothing wrong. The law is on my side. I am free, and that is something others have died for. It bugs me that I even worry about this [Mod Edit], that it occupies my time.
For them to accuse me of a crime punishable with jail represents a risk to them as well. The bar for civil matters is 50million won. I don't have any parking tickets, unpaid taxes, etc..... that is what they stop you for, not some [Mod Edit] contract. Noone could go anywhere if people had that power over each other.


Dude I've pulled runners more than once - don't worry. My first runner was a heartstopping experience for me. I was sure they (btw this was back in the 90s) were gonna jump out at me at any moment from either the bushes, one of the kiosks in the airport check-in area, etc. Going through immi I was so scared that when they asked me if I was coming back I said yes just to avoid tipping anyone off. Once I got through immi I waited 2 hours for my flight during which time I worried that the school would show up at any moment and get immi to arrest me. None of this happened. The worry was needless.

The other few runners were in the 2000s and there were no issues at all. When immi asked if I was coming back I said no.

If your employer treats you badly, leave. In my experience, ineffectual Koreans like to make threats (like the slag at my last hagwon). Koreans with actual power don't need to tell you what they can or cannot do. They already know. And even then my position is: so what? you're not god.

If an employer threatens you - leave. Especially if they try to threaten you with the possibility of trumped up criminal charges.

Having said all of that it's always best to take precautions.

If it were me and I needed to be in country for an additional four days before my flight, I would work most of those days to keep things moving. I'd work 3, take a siccie on the 4th, run on the 5th. Any reason you can't do that?


Last edited by TheresaTheresa on Sun Dec 26, 2010 1:49 am; edited 2 times in total
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hotelcalifornia



Joined: 21 Dec 2010

PostPosted: Sat Dec 25, 2010 11:36 pm    Post subject: detainment Reply with quote

TheresaTheresa,



I look forward to hearing from you.

RR Smile


Last edited by hotelcalifornia on Sun Dec 26, 2010 1:11 am; edited 1 time in total
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Sat Dec 25, 2010 11:46 pm    Post subject: Re: Detainment Reply with quote

hotelcalifornia wrote:
I am free, and that is something others have died for.


Dude, we're only talking leaving a hogwon here for pity's sakes.
Its not the D-day landings!

They've really gotten to you haven't they? lol... Laughing
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Sat Dec 25, 2010 11:57 pm    Post subject: Re: Detainment Reply with quote

Junior wrote:
hotelcalifornia wrote:
I am free, and that is something others have died for.


Dude, we're only talking leaving a hogwon here for pity's sakes.
Its not the D-day landings!

They've really gotten to you haven't they? lol... Laughing


Sounds like they've harassed the poor guy and if he's a noob it can be frightening. Let's cut him some slack. Smile
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TheresaTheresa



Joined: 24 Feb 2010

PostPosted: Sun Dec 26, 2010 12:00 am    Post subject: Re: detainment Reply with quote

hotelcalifornia wrote:
TheresaTheresa,

email me at *************************.

I look forward to hearing from you.

RR Smile


Have PMd you
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Dec 26, 2010 12:25 am    Post subject: Re: Detainment Reply with quote

TheresaTheresa wrote:
Junior wrote:
hotelcalifornia wrote:
I am free, and that is something others have died for.


Dude, we're only talking leaving a hogwon here for pity's sakes.
Its not the D-day landings!

They've really gotten to you haven't they? lol... Laughing


Sounds like they've harassed the poor guy and if he's a noob it can be frightening. Let's cut him some slack. Smile



I can sympathize with people here for the first time, considering a run. It can be scary. Any of you considering a run, just do it. Don't tell anyone (not co-workers, students or anyone even remotely connected to your school). If you do, you'll likely lose your last salary. But if you don't tell them, they have no way of knowing. So take comfort from the fact that no one on this forum (or any other that I know of) has ever written about being detained at the airport for leaving early.


Last edited by Troglodyte on Sat Jan 01, 2011 5:15 am; edited 1 time in total
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