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Joe_Cool
Joined: 05 Jan 2006
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Posted: Fri Jan 20, 2006 7:03 pm Post subject: Your Passport: Is the Employer legally entitled to hold it? |
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Dear Posters,
I'm strongly considering the possibility of going to South Korea to teach. However, I've heard from other people, that in Korea the employer might hang on to your passport for the duration of your teaching contract.
a. Is this legal and a standard practice from all employers?
b. Can they keep your passport like some damage deposit/lean for that long a period?
c. Or is this just something only some employers do?
d. If they hang on to your passport can you get it back within a reasonable amout of time?
e. Or do you have to wait until you finish your contract?
f. Can you specifically request in your contract that the employer not be able to hang on to your passport?
g. Are there are good lawyers in South Korea who can help you in the event that the employer is dishonest? That is, do their laws amount to more than just a hill of beans?
The reason I'm asking is that I wouldn't want any employer to retain my passport for any purposes whatsoever, because I'm concerned that if it is a bad employer, they could use this practice to detain teachers and take advantage of them.
Anyway, just asking. Perhaps someone in this forum could comment on this.
Last edited by Joe_Cool on Fri Jan 20, 2006 7:09 pm; edited 1 time in total |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Fri Jan 20, 2006 7:06 pm Post subject: |
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No, that is illegal. You keep your passport and if they hold it, you call the police. |
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Big Mac
Joined: 17 Sep 2005
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Posted: Fri Jan 20, 2006 7:14 pm Post subject: |
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Absolutely not. Your employer has no right to hold on to your passport.
When you apply for your Alien Registration Card, immigration will hold your passport for a few days. I don't like it, but for some reason they do. However, you will get it back when they give you your card. Beyond that, there is no reason to give anyone your passport in Korea. |
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canuckistan Mod Team


Joined: 17 Jun 2003 Location: Training future GS competitors.....
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Posted: Fri Jan 20, 2006 7:20 pm Post subject: |
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If any director does manage to get your passport and won't give it back when you ask, you can also call your embassy. They'll inform the director that it's gov't property and he/she has, say, 10 seconds to return it or else the Korean police will be showing up very, very shortly. |
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Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
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Posted: Fri Jan 20, 2006 7:22 pm Post subject: |
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When you apply for your Alien Registration Card, immigration will hold your passport for a few days. I don't like it, but for some reason they do. However, you will get it back when they give you your card. |
When you apply for your Alien Registration Card, (US) immigration will hold your passport for a few [months or more]. I don't like it, but for some reason they do. However, you will get it back (if and) when they give you your card. |
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joe_doufu

Joined: 09 May 2005 Location: Elsewhere
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Posted: Fri Jan 20, 2006 7:25 pm Post subject: |
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They will also try to claim your university degree. They want it for two reasons: first to prevent you from finding another job, second to display in a frame for the parents of students to see. (They display a photocopy of mine next to photocopies of two former teachers', behind our front desk.) Bring some color copies. |
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pdxsteve
Joined: 29 Sep 2004 Location: Bundang
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Posted: Fri Jan 20, 2006 7:29 pm Post subject: Re: Your Passport: Is the Employer legally entitled to hold |
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Joe_Cool wrote: |
Dear Posters,
I'm strongly considering the possibility of going to South Korea to teach. However, I've heard from other people, that in Korea the employer might hang on to your passport for the duration of your teaching contract.
a. Is this legal and a standard practice from all employers?
b. Can they keep your passport like some damage deposit/lean for that long a period?
c. Or is this just something only some employers do?
d. If they hang on to your passport can you get it back within a reasonable amout of time?
e. Or do you have to wait until you finish your contract?
f. Can you specifically request in your contract that the employer not be able to hang on to your passport?
g. Are there are good lawyers in South Korea who can help you in the event that the employer is dishonest? That is, do their laws amount to more than just a hill of beans?
The reason I'm asking is that I wouldn't want any employer to retain my passport for any purposes whatsoever, because I'm concerned that if it is a bad employer, they could use this practice to detain teachers and take advantage of them.
Anyway, just asking. Perhaps someone in this forum could comment on this. |
It's illegal under Korean law for a Korean citizen to hold the passport of a citizen of a different country. Your passport is the property of the government that issued it, and anyone attempting to hold it for you will be considered to have stolen it. |
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BigBlackEquus
Joined: 05 Jul 2005 Location: Lotte controls Asia with bad chocolate!
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Posted: Fri Jan 20, 2006 7:38 pm Post subject: |
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This very thing happens to many filipinas in the Songtan area. I know firsthand that when some were taken to their embassy by US soldiers last summer, the Korean police became involved, and the girls got their passports back and were allowed to go back home.
The stupid thing is that all of Songtan is like this, and that area is the closest thing to human trafficking (sp?) of non-Koreans you will easily stumble upon. Those girls are told they will be paid singers or actresses, have to pay a large sum of cash upfront to get here, and then are told to dance in bikinis to earn drinks for patrons. Their passports are taken, and all IDs are kept. Many engage in prostitution under the control of their Korean boss because they can't make nearly the amount of promised money to send home, The boss keeps much of the money. Nearly all (if not all) are allowed out only 3 to 4 hours per day between the hours of 10am and 4pm. The rest of the time, they are literally locked in a house with all of the other girls working at the same bar. Most girls working in that area will go most of the year without ever taking a 40 minute trip to Seoul.
Every time I see and hear the USK forces commercials against human trafficking, and see the MPs walking in Itaewon, I wince. I make it a point to ask the MPs why they aren't stopping it in Songtan, where the true human-trafficking is, and where the soldiers there actively participate in it. I was told by one individual who worked for a newspaper, "Because General LaPorte is only concerned about what happens in his own back yard." |
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VanIslander

Joined: 18 Aug 2003 Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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Posted: Fri Jan 20, 2006 8:09 pm Post subject: |
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"I cannot work without my passport in my hand. I need it."
My director knew from day one how important it was to me. So he rushed to have it returned from immigration when it was taken to process my Alien Registration Card.
Say either (a) you can't work a minute without it, and at most concede (b) a less-than-one-week window to process the ARC card, getting a commitment of by which date exactly it will be returned. And let it be known that you absolutely NEED it by then.
Be nice but clear and firm.
There's no way you can be a slave. They take away your freedom by holding your passport only with your complicity. |
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Grotto

Joined: 21 Mar 2004
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Posted: Fri Jan 20, 2006 10:02 pm Post subject: |
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What everyone else has said.
If for any reason they do not return your passport to you promptly contact your embassy. That is one thing they will act on PDQ! |
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kat2

Joined: 25 Oct 2005 Location: Busan, South Korea
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Posted: Sat Jan 21, 2006 2:04 am Post subject: |
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If you are really worried about it when getting your ARC card, you don't even need your boss to go with you. The school can give you some kind of paper saying you work there (it was all in korean so i don't what it said). You take the paper to immigration and they take your passport for 2 weeks, which is kind of nervewracking, but at least your boss doesn't have it. My boss had no control over my ARC card application. He never had his hands on my passport. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Sat Jan 21, 2006 3:14 am Post subject: Re: Your Passport: Is the Employer legally entitled to hold |
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rumandcoke wrote: |
Joe_Cool wrote: |
e. Or do you have to wait until you finish your contract?
Never give them your passport. If you do then you have signed your own death warrant.
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Absolute nonsense. Your embassy will go to bat for you on this. One phone to the Korean government and the police will show up on his doorstep.
I've never had a problem giving my passport to my employer to go to Immigration and get the ARC. I always make sure they know that the passport is Canadian government property and the embassy treats withholding of the passport as a criminal offense. |
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own_king

Joined: 17 Apr 2004 Location: here
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Posted: Sat Jan 21, 2006 11:41 pm Post subject: |
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Yeah, as said above, just contact your embassy. A passport is government property. Beyond that, if you do make a mistake and hand it over, then just tell your boss you need your passport because you want to send money home. And then of course don't give it back! I've never had this problem, but I've also heard of bosses going into a teacher's apartment to get the passport, so hide it when you do get it back. |
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memorabilis
Joined: 19 Jan 2006 Location: Seoul, Korea
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Posted: Sun Jan 22, 2006 12:22 am Post subject: |
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You don't even need to hand over your passport when getting your ARC. I went with the man from my school, who handed over all the form to immigration. I gave the lady my passport, she examined my visa and wrote down the number. I then got my passport back with a little form saying when to come back 2 weeks later. I went back with my form and the passport on the appropriate day, and they gave me the card and put the sticker in for a multiple entry visa. Really easy. |
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