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chungbukdo
Joined: 22 Aug 2010
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 Posted: Mon Aug 08, 2011 2:58 pm Post subject: Is it illegal to tutor a korean student from outside Korea? |
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I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
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sojusucks
Joined: 31 May 2008
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| Posted: Mon Aug 08, 2011 4:56 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
From within Korea is a big no-no. From outside, it is difficult to say, but there is wiggle room as you were not in Korea (which is what the law applies to). There is a free legal service in Seoul that you can ask. There are posts describing the location here on Dave's. |
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Gorf
Joined: 25 Jun 2011
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| Posted: Mon Aug 08, 2011 7:14 pm Post subject: |
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| No one will find out, no one cares about internet stuff. The only way waegooks get caught is if someone follows them around and stakes them out. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Aug 08, 2011 7:32 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
If you are in Korea, working for a Korean employer, getting paid for it and you are without the proper visa you would be in violation of your status of sojourn.
Will anyone be likely to catch you doing internet tutoring = no.
If they did, would they prosecute you = highly unlikely.
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young_clinton
Joined: 09 Sep 2009
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| Posted: Tue Aug 09, 2011 10:00 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
No Korean immigration laws do not extend outside of Korea. |
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Wed Aug 10, 2011 2:38 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| ttompatz wrote: |
| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
If you are in Korea, working for a Korean employer, getting paid for it and you are without the proper visa you would be in violation of your status of sojourn.
Will anyone be likely to catch you doing internet tutoring = no.
If they did, would they prosecute you = highly unlikely.
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The next time I come to Korea, I'll probably try to come on a working tourist visa for a year. I won't have a specific employer (although I don't know all the rules of the visa, I was hoping to be self employed and do personal training). |
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Wed Aug 10, 2011 9:01 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| young_clinton wrote: |
| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
No Korean immigration laws do not extend outside of Korea. |
Okay, but how about this. What if I get them to deposit into a Korean bank account for me instead of my Paypal, since that would save me a few % in fees? I'm guessing they could freeze my account and say I'm illegally tutoring right? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Aug 10, 2011 9:16 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| chungbukdo wrote: |
| young_clinton wrote: |
| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
No Korean immigration laws do not extend outside of Korea. |
Okay, but how about this. What if I get them to deposit into a Korean bank account for me instead of my Paypal, since that would save me a few % in fees? I'm guessing they could freeze my account and say I'm illegally tutoring right? |
Simply, IF you are in Korea and partake in an activity that is NOT permitted under your status of sojourn then you ARE in violation of immigration law and IF caught would be subject to punitive action. (basically, they don't have to ban your activity (internet work while residing in Korea as a tourist), but it must be approved before you can (legally) do it.
Also be aware that the burden of proof is NOT as stringent as it is in the states. You're not going to be in Kansas any more.
Basically, if you are outside of Korea you are on your own and Kimmi has no say (even if your clients and employer are in Korea).
If you are IN Korea you ARE under the jurisdiction of Kimmi and THEIR interpretation of the law (and your activities as permitted by them) pending a final determination in a tribunal.
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Wed Aug 10, 2011 9:19 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| ttompatz wrote: |
| chungbukdo wrote: |
| young_clinton wrote: |
| chungbukdo wrote: |
I educate Koreans via the internet.
If I land in Korea to visit my girlfriend could I be in legal trouble?
Or would it only be illegal if when I visited my girlfriend, I logged in to the internet and taught my students again from within Korea? |
No Korean immigration laws do not extend outside of Korea. |
Okay, but how about this. What if I get them to deposit into a Korean bank account for me instead of my Paypal, since that would save me a few % in fees? I'm guessing they could freeze my account and say I'm illegally tutoring right? |
Simply, IF you are in Korea and partake in an activity that is NOT permitted under your status of sojourn then you ARE in violation of immigration law and IF caught would be subject to punitive action. (basically, they don't have to ban your activity (internet work while residing in Korea as a tourist), but it must be approved before you can (legally) do it.
Also be aware that the burden of proof is NOT as stringent as it is in the states. You're not going to be in Kansas any more.
Basically, if you are outside of Korea you are on your own and Kimmi has no say (even if your clients and employer are in Korea).
If you are IN Korea you ARE under the jurisdiction of Kimmi and THEIR interpretation of the law (and your activities as permitted by them) pending a final determination in a tribunal.
. |
Yes, but if I'm outside of Korea and I have a bank account in Korea that is receiving money, that must be the jurisdiction of the Korean government. It's not the jurisdiction of the Canadian government until I transfer it to Canada right? I'm talking about the money getting seized, which is frequently done in the cases of people educating Koreans who the government gatekeepers have not approved of. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Aug 10, 2011 9:36 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| chungbukdo wrote: |
| Yes, but if I'm outside of Korea and I have a bank account in Korea that is receiving money, that must be the jurisdiction of the Korean government. It's not the jurisdiction of the Canadian government until I transfer it to Canada right? I'm talking about the money getting seized, which is frequently done in the cases of people educating Koreans who the government gatekeepers have not approved of. |
IF you are on an H1 visa and in Korea you would be fine.
IF you are outside of Korea you would be fine (subject to bank laws on foreign remittances).
If you are looking for a way around the E2 regulations so you can be with your G/F in Korea and work as a teacher using some loophole.... you are on your own and although probably won't have a problem you would be under the jurisdiction of Kimmi (with all that entails).
Unlike home, exploiting loopholes in Asia usually ends up with the person in detention while they work it out rather than in your home country where they let it slide till they figure it out.
Get an H1, an E2 or pick another country where you can get work and bring your G/F along with you.
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Wed Aug 10, 2011 10:02 pm Post subject: Re: Is it illegal to tutor a korean student from outside Kor |
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| ttompatz wrote: |
| chungbukdo wrote: |
| Yes, but if I'm outside of Korea and I have a bank account in Korea that is receiving money, that must be the jurisdiction of the Korean government. It's not the jurisdiction of the Canadian government until I transfer it to Canada right? I'm talking about the money getting seized, which is frequently done in the cases of people educating Koreans who the government gatekeepers have not approved of. |
IF you are on an H1 visa and in Korea you would be fine.
IF you are outside of Korea you would be fine (subject to bank laws on foreign remittances).
If you are looking for a way around the E2 regulations so you can be with your G/F in Korea and work as a teacher using some loophole.... you are on your own and although probably won't have a problem you would be under the jurisdiction of Kimmi (with all that entails).
Unlike home, exploiting loopholes in Asia usually ends up with the person in detention while they work it out rather than in your home country where they let it slide till they figure it out.
Get an H1, an E2 or pick another country where you can get work and bring your G/F along with you.
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I'm not even done my degree so I can't get an E2 yet. I just want to be with my Korean girlfriend in Korea for a year, so I'm in the process of applying for the working tourist visa.
I already teach Korean students online, from Canada. I won't be going to Korea for several months, until the winter break starts.
Thanks for the advice. |
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theloneleaf
Joined: 08 Aug 2011
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| Posted: Thu Aug 11, 2011 5:09 am Post subject: |
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| The next time I come to Korea, I'll probably try to come on a working tourist visa for a year. I won't have a specific employer (although I don't know all the rules of the visa, I was hoping to be self employed and do personal training). |
You can't get an unsponsored work visa in Korea, other than the working holiday and it's heavily restricted. The working holiday visa does not allow you to teach languages, nor does it allow you to work at the same place for more than 3 months straight, and you're not allowed employment in several professions.
The only way you can write your own ticket is to bring in $100,000 and get a D8 investor's visa, or marry a Korean and get an F-series. |
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chungbukdo
Joined: 22 Aug 2010
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| Posted: Thu Aug 11, 2011 1:56 pm Post subject: |
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| theloneleaf wrote: |
| Quote: |
| The next time I come to Korea, I'll probably try to come on a working tourist visa for a year. I won't have a specific employer (although I don't know all the rules of the visa, I was hoping to be self employed and do personal training). |
You can't get an unsponsored work visa in Korea, other than the working holiday and it's heavily restricted. The working holiday visa does not allow you to teach languages, nor does it allow you to work at the same place for more than 3 months straight, and you're not allowed employment in several professions. |
Are you allowed self-employment, ie Personal Trainer? Don't really care about teaching languages so much.
A couple friends have the working tourist visa, so I'm going to apply for it too. One of my friends teaches sports on that visa, but he works for a salary rather than getting directly paid by his customers. |
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theloneleaf
Joined: 08 Aug 2011
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| Posted: Thu Aug 11, 2011 3:28 pm Post subject: |
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| chungbukdo wrote: |
| theloneleaf wrote: |
| Quote: |
| The next time I come to Korea, I'll probably try to come on a working tourist visa for a year. I won't have a specific employer (although I don't know all the rules of the visa, I was hoping to be self employed and do personal training). |
You can't get an unsponsored work visa in Korea, other than the working holiday and it's heavily restricted. The working holiday visa does not allow you to teach languages, nor does it allow you to work at the same place for more than 3 months straight, and you're not allowed employment in several professions. |
Are you allowed self-employment, ie Personal Trainer? Don't really care about teaching languages so much.
A couple friends have the working tourist visa, so I'm going to apply for it too. One of my friends teaches sports on that visa, but he works for a salary rather than getting directly paid by his customers. |
What the visa allows vs what people do on it are not always the same thing. There is a list of professions, or types of professions that are prohibited on the immigration website. I'm not sure if personal trainer falls under one of those categories. The idea is that this visa is supposed to be used for a holiday, with the idea that you could get a part-time temporary job to help fund your trip. It's not actually meant as a work visa. |
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