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Breaking Contract
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Sep 07, 2011 5:58 am    Post subject: Reply with quote

McKennaHenna wrote:
So what defines pulling a runner?
Transferring before the contract is up?

Technically I would be breaking the contract AND transferring. So does this mean I would need all those new documents?

I just want to make sure that I'm not stuck in another suburban location....

Thanks for any info. anyone can provide!


A runner is when you quit, leave the country to cancel your visa, return as a tourist and begin the job search and visa process again from scratch.

A transfer prior to the end of your contract REQUIRES permission from your current employer (LOR) and they are NOT obligated to give it.

Chances are that if you quit you WON'T get a LOR and WON'T be able to transfer.

.
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McKennaHenna



Joined: 09 Aug 2011

PostPosted: Mon Sep 12, 2011 9:16 pm    Post subject: Reply with quote

So If I transfer, that isn't considered quitting, right?

I'm trying to figure out how I likely I would be in receiving a LOR.
Do you know under certain circumstances that they allow it/don't allow it?

What if I stay in my location for 6 months first?

Thanks for your info.
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McKennaHenna



Joined: 09 Aug 2011

PostPosted: Mon Sep 12, 2011 9:26 pm    Post subject: Reply with quote

One more thing----Should I attempt to contact other branches directly when looking into a transfer?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Sep 12, 2011 10:29 pm    Post subject: Reply with quote

McKennaHenna wrote:
So If I transfer, that isn't considered quitting, right?

I'm trying to figure out how I likely I would be in receiving a LOR.
Do you know under certain circumstances that they allow it/don't allow it?

What if I stay in my location for 6 months first?

Thanks for your info.

One more thing----Should I attempt to contact other branches directly when looking into a transfer?


A transfer is quitting at one location and moving to a different one (most hagwans are independent of each other, even within the same "chain").

An employer is under NO OBLIGATION to give you a LOR at any time during your contract.

A transfer refers to moving your visa sponsorship from one employer to another without the need to leave the country and obtain a new visa. It is NOT like an intra-company transfer at home.

.
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McKennaHenna



Joined: 09 Aug 2011

PostPosted: Mon Sep 12, 2011 10:44 pm    Post subject: Reply with quote

So in what situations would the owner give me a LOR? By owner, do you mean the boss?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Sep 13, 2011 12:48 am    Post subject: Reply with quote

McKennaHenna wrote:
So in what situations would the owner give me a LOR? By owner, do you mean the boss?


USUALLY they don't and it must be from the owner/director who signed your sponsorship at immigration.

Do NOT plan on being able to easily change jobs.

If you are at a hagwan you will probably have to leave the country to cancel your visa and start again with a new visa application.

EVEN IF you are fired they do not have to give you a LOR. You will still need to leave Korea then return as a tourist and begin again.

.
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wombatsincombat



Joined: 08 Aug 2011
Location: United States

PostPosted: Sun Sep 25, 2011 12:20 am    Post subject: Reply with quote

So what happens if I cash out my bank account the friday they give it to me . . . and then just leave the next day? I know I should pay back my airfare . . .but a large part of me just wants to break the contract and bail ship. If I never come back to Kroea will this haunt me?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 25, 2011 4:35 am    Post subject: Reply with quote

wombatsincombat wrote:
So what happens if I cash out my bank account the friday they give it to me . . . and then just leave the next day? I know I should pay back my airfare . . .but a large part of me just wants to break the contract and bail ship. If I never come back to Kroea will this haunt me?


If you leave OWING more than 50 million won it will come back to haunt you.

Otherwise, no repercussions other than not getting a reference from your employer after you pull a runner on them.

.
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tomstar86



Joined: 09 May 2009
Location: Daegu, South Korea

PostPosted: Thu Dec 01, 2011 8:08 am    Post subject: Reply with quote

Hello ladies and gentlemen!

I need your help with E2/ARC issues...

I've accepted a job in Daejeon that starts on March 1st, 2012. I'm currently under contract until December 31st, 2011. My ARC expires January 31st 2012. I leave Korea on December 18th - no funny business at all. My boss had the date on the contract as Dec 31st just so that it's a nice rounded end-of-month date for immigration, as I only extended my contract by four months. I've been here since June 2009.

Now...my passport will also expire shortly after I leave, in January. I'll have to get a new passport in the UK. My understand from immigration is that since I won't be in Korea, it's simply easier for me to prepare all my documents again, and get a new E2 as it won't be possible for me to go to the immigration office right after my passport is changed. As a Brit, I also can't get my passport renewed in Seoul before I leave.

Now - when I leave Incheon, should I hand in my ARC card? As my contract expires on the 31st, but I'll leave on the 18th. Will this flag as leaving before my contract is due in their systems?

Will I require a letter of release before I can submit documents for my new E2 on my new passport?

Or, when I apply for my new E2, will it not flag in the immigration systems as it'll be under a new passport number?

I'm a bit confused as to whether or not I should hand in my ARC when I leave, and as to whether or not I should obtain a letter of release from my employer before I go. I just don't want anything to screw up with getting the E2 for my new job.

Any information or advice would be hugely appreciated.

Thanks
Tom
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Dec 01, 2011 3:07 pm    Post subject: Reply with quote

If you are not returning to Korea after you leave and before your ARC expiry, keep it as a souvenir or turn it in; makes no difference.

IF you want to keep it, tell them you are returning.
If you don't care, turn it in.
If you tell them you are not returning they will ask for it back or fine you for not giving it to them when they ask for it.

.
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tomstar86



Joined: 09 May 2009
Location: Daegu, South Korea

PostPosted: Thu Dec 01, 2011 6:45 pm    Post subject: Reply with quote

As stated, I will be returning to Korea and I'll have to apply for a new E2 visa - hence the question. I wouldn't be asking if I wasn't returning.

So, if I hand in the ARC at immigration, that will automatically cancel my current E2?

Should I get a Letter of Release from my boss or not?

Thanks!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Dec 01, 2011 7:03 pm    Post subject: Reply with quote

tomstar86 wrote:
As stated, I will be returning to Korea and I'll have to apply for a new E2 visa - hence the question. I wouldn't be asking if I wasn't returning.

So, if I hand in the ARC at immigration, that will automatically cancel my current E2?

Should I get a Letter of Release from my boss or not?

Thanks!


Not needed if you hand in your ARC.

Yes, needed, if you do not hand in your ARC and want/need to begin the visa process before it expires.

.
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tomstar86



Joined: 09 May 2009
Location: Daegu, South Korea

PostPosted: Thu Dec 01, 2011 7:09 pm    Post subject: Reply with quote

Thank you!

Also, I have another question - chances are, I'll have some unpaid pension money before I go. Not over 1 million won - but my boss has paid NOTHING towards my pension since I've been in Korea (despite my contract stating she has to pay 50%...she's chosen to ignore this).

If I have an unpaid amount of pension, will this cause me trouble at Incheon Airport when I hand in my ARC?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Dec 01, 2011 7:21 pm    Post subject: Reply with quote

tomstar86 wrote:
Thank you!

Also, I have another question - chances are, I'll have some unpaid pension money before I go. Not over 1 million won - but my boss has paid NOTHING towards my pension since I've been in Korea (despite my contract stating she has to pay 50%...she's chosen to ignore this).

If I have an unpaid amount of pension, will this cause me trouble at Incheon Airport when I hand in my ARC?


no, no problem with immigration / passport control...

and you have up to 2 years to file a claim against her with the NPS (save proof of income and employment). They will collect your contribution then go after her for her unpaid contribution. Collect it all when you finally decide to leave permanently (assuming of course that you are a Canadian, American or Aussie).

.
.
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tomstar86



Joined: 09 May 2009
Location: Daegu, South Korea

PostPosted: Thu Dec 01, 2011 7:25 pm    Post subject: Reply with quote

I'm a Brit - hence my reluctance to have kept on top of the pension in the first place, as I'll never see this money again and will receive no benefit from it!

I didn't think immi worked too closely with the pension office (otherwise I doubt they'd have renewed my visa in August with the amount I had outstanding then).

Thanks for all your help and advice, it's really appreciated.
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