|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
PeterDragon
Joined: 15 Feb 2007
|
 Posted: Sun Mar 13, 2016 12:36 pm Post subject: .............. |
 |
|
............
Last edited by PeterDragon on Sun Aug 14, 2016 9:14 pm; edited 1 time in total |
|
| Back to top |
|
 |
Mikethered
Joined: 29 Jan 2016
Location: Canada
|
| Posted: Sun Mar 13, 2016 3:13 pm Post subject: |
|
|
Hi Peter,
I am sorry for the trouble you are having. When I read your post I saw something that made me sort of afraid. Your wife and my fiance seem to be the same person. Last year a Chinese girl borrowed one of her text books and never returned it. She went to the POLICE and woke the girl up at 6AM after going to the police station and reporting a crime. The Chinese girl was asleep and after questioning the police learned that my fiance never even asked her for the book. The policeman called out my fiance (I was there) and while crying she said that in her culture the police handle things that could esculate into a fight. I was like WTF... but anyways reading your post made me think of my future marrying this woman.
If you don't mind me asking, did she pressure you to get married? |
|
| Back to top |
|
|
Paddycakes
Joined: 05 May 2003
Location: Seoul
|
| Posted: Sun Mar 13, 2016 8:56 pm Post subject: Re: Looking for a court expert on racism/xenophobia in Korea |
|
|
| PeterDragon wrote: |
I'd be much MUCH more screwed, due to both language barrier and the general xenophobia of the police and justice system.
If you know anyone who may be able to give testimony to this effect in an American court via speaker phone or write an affidavit, post here or PM me. |
Sure.
Just call 1-800-QUINCY-BLACK |
|
| Back to top |
|
|
Fallacy
Joined: 29 Jun 2015
Location: ex-ROK
|
| Posted: Sun Mar 13, 2016 9:52 pm Post subject: RE: Looking for a court expert on racism/xenophobia in Korea |
|
|
| From the description of the latest actions by your ex, I would venture to say that she is getting excellent tactical advice from a legal professional. Do not underestimate the Kore-Am community's willingness and ability to arshal resources and provide teamwork pro-bono for one of their own. For example, they will very easily be able to get the same, tit-for-tat, experts on racism/xenophobia in the USA. The legal basis needs to remain between you and her, and not shift to one between you and a nation. This is a 2 party dispute, not a high-level state-to-state diplomatic row. Hire a PI to do opposition research and electronic surveillance on her. There has to be something local that she is doing/saying in the next 7 days that will be far more damning to her, or at the very least create enough doubt as to her motives, than your hopeful allegations against the institutions of authority in the ROK. "Mercenary motive" is the key phrase here. Provide proof of that, and the judge will suspend belief in her spurious claims. |
|
| Back to top |
|
|
Fallacy
Joined: 29 Jun 2015
Location: ex-ROK
|
| Posted: Sun Mar 13, 2016 10:08 pm Post subject: Re: Looking for a court expert on racism/xenophobia in Korea |
|
|
| PeterDragon wrote: |
| My American lawyer and I are looking for an expert in Korean domestic law who might be willing to testify that if my ex called the cops on my in SK under similar false pretenses, I'd be much MUCH more screwed, due to both language barrier and the general xenophobia of the police and justice system. |
Both the police and MOJ here will claim that you will be provided an interpreter at the police station, and not to worry. In reality, those are sub-contracted out, meaning when you get hauled in for interrogation, they will put out a call to the local hogwan Korean guy who faked enough "Engrish" ability to his Senior friend down at the precinct over soju to get the business. That guy will not have been vetted, or passed any exams, or anything. He will be paid by the visit/hour by the government office, but he will have zero training/experience with language or law. This is what passes for providing interpretation services, which by the way, are NOT guaranteed by the law or required by the courts. Furthermore, unless you are in Seoul, or a major metro area, then if you truly want to compare apples to apples, meaning your tiny rural town USA versus one equivalent here out in the sticks of Korea, then you are looking at the local precinct having NO one to call, simply because they will have never needed to in the past, and you will be their first foreigner-domestic abuse suspect. That means they will call around randomly to other offices and ask to borrow theirs. That guy will get on a bus, or in a car, and start driving, to arrive when, nobody will know, but everyone will be optimistic as they sit around smoking cigarettes and drinking instant coffee. Or it could be the next day. Or never, as he gets lost, gives up, or sees a squirrel cross the road and gets distracted. None of this is set up to serve your interests, so maybe you can get an expert in Korea to explain the details of this process painstakingly, then let your attornies break it all down in withering cross-examination. I guarantee you, no one will have witnessed just how bad it is in reality, all of them will be speaking in generalities and wishful beliefs, so if they are honest, that will all come out, or at the very least they will start having to answer "I do not know" to most of the detailed queries by your legal team. If that line of exposure does not sway a judge to consider the situation uncertain, then I do not know what will. Consider making a large political donation to the local political parties in support of the judicial guys running for re-appointment. That will help, too. |
|
| Back to top |
|
|
singerdude
Joined: 18 Jul 2009
|
| Posted: Sun Mar 13, 2016 10:11 pm Post subject: |
|
|
| Are you sure you can't renew your visa? Since you have a child, you should be able to apply for an F5 visa even though you are divorced. I don't know enough about that since I haven't been in your situation, but I would definitely look into it just to be sure. |
|
| Back to top |
|
|
Fallacy
Joined: 29 Jun 2015
Location: ex-ROK
|
| Posted: Sun Mar 13, 2016 10:23 pm Post subject: RE: Looking for a court expert on racism/xenophobia in Korea |
|
|
| singerdude wrote: |
| Are you sure you can't renew your visa? Since you have a child, you should be able to apply for an F5 visa even though you are divorced. I don't know enough about that since I haven't been in your situation, but I would definitely look into it just to be sure. |
The visa issue is not applicable, as the OP will not be allowing the child to travel to the ROK anyway. However, in a worst case scenario, visa type will not matter. If this ends up in ROK courts, then they will sponsor and extend a G-1 visa (miscellaneous temporary residential visa issued to foreigners, for example, involved in a lawsuit or receiving medical treatment) for the plaintiff/defendant pending outcomes. If the child was born in the ROK or the USA, then that will be a material difference, but regardless, children cannot sponsor parents, same as in the USA. That is why all those "anchor" babies are useless until they turn 21. |
|
| Back to top |
|
|
Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
|
| Posted: Mon Mar 14, 2016 8:42 pm Post subject: |
|
|
Is this actually a racism/xenophobia issue and not a custody issue? Correct me if I'm wrong, but isn't the primary concern of the court the welfare of the child and that any ruling one way or the other will favor whichever parent & their lawyer can make the best case?
As far as racism xenophobia, I think if you go into court saying "The Korean police won't believe me because the system is against me", you'll have some difficulty. On the other hand, if you make a case that the child could face significant hardships growing up in Korea AND that the mother is not taking sufficient steps to safeguard against those hardships (and if she makes a poor case downplaying those hardships) then I think you would be in a much better position.
Now remember, this is a two-way street. Your ex might begin to make the same argument regarding her daughter here. While she might not succeed in being able to take the child to Korea, she could win more custody time or some other benefits. Depending on who your judge is and how liberal they are, they might be more or less sympathetic to claims of ethnic hardship in America. Make sure you're a step ahead of her.
One other thing- be smart about how much you play up the xenophobia/racism angle. If your expert is over-the-top and starts portraying things as Jim Crow 1950, the judge may be turned off to them. Your story about getting in a drunk brawl at 4AM in Itaewon with a Korean who was racist might not be as persuasive as you think it is. Especially if this is part of the 3-4 other times you had to deal with the police and were discriminated against. Keep it focused on the kid, keep the discrimination real but not cartoonish. You never want the thought "Is that really how it is over there?" going through the judge's head. Less volume, more conviction. Low-moderate risk of problems in Korea, but a risk you as a parent aren't willing to accept for the sake of your child.
Best of luck. |
|
| Back to top |
|
|
jvalmer
Joined: 06 Jun 2003
|
| Posted: Mon Mar 14, 2016 10:05 pm Post subject: |
|
|
| If she gets the kid onto Korea soil, it's probably all over. Most nations tend to favor their own in custody disputes. Don't let that kid get on a plane. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
