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 Tuesday November 20 2007

E2 notice from Immigration - a good translation

What do you think about the new immigration rules in Korea?

update
Added a poll related to this issue. A new thread on Dave’s claims to have the official rules starting January 1st - quoted below. The problem is that the poster does not provide a link, just writes up a notice that he claims to have recieved. It’s probably true, but nothing is official until we see it at the Immigration web site. Also see Katies post on this issue here and here. As usual The Marmot get’s more comments than I do, so be sure to check out this post.

Teachers coming after January 1st, 2008 will be required to:
1. Get a criminal check
2. Get a medical done at home and in Korea.

There will be no interview at any Korean consulate unless suspicious applications are submitted…

...The Korean government has decided to omit the personal interview with the Korean consulate unless unusual circumstances exist. The only time this will be required is if the Korean government has any suspicions about the teacher. The teacher will be notified of the need to interview at that point.

This entry temporarily sticky



This is an update on my entry about Criminal Record Checks Required in Korea. I found a link, via Dave’s Cafe, to a translation on the Korea Bridge forums of the government degree. It’s long and I have only as of yet scanned it, but will read in detail later. I’ve copied the entire thing into the extended entry. There are more replies on the original thread so check that out if interested.

    Title: No More Illegal Native English Teacher
    - Korean Government will prevent illegal activities by verifying requirements of native English teacher and tighten their non-immigrant status -

    ○ The Ministry of Justice in South Korea decided to implement strict measure from December 2007 to eradicate illegal activities of native English teachers who are causing social problems such as ineligible lectures, taking drugs and sex crimes.

    ○ In order to prevent ineligible native English teachers from coming into South Korea, the verification of eligibility of English teachers will be greatly strengthened. For example, when they apply for a visa they will be obliged to submit a certificate of crimal or non-crimal history and medical examination report, and basically they have to apply interview with Korean consul at the Korean consulate in their country.

    ○ Also, English teachers, who disturb social order during their staying in Korea such as illegal teaching, taking drugs and sex crimes, will be banned from entering South Korea. Also illegal employers will be receive heavier punishment. In the meantime, related authorities will share information about English teachers who breach their orders, and originally block their entering South Korea by inspecting them from the visa application stage with focused management.

    □ Strengthening verification of eligibility of English teachers
    ○ Foreigners who intend to receive a visa (E-2) for English teachers from the South Korean Government should submit a certificate of criminal or non-criminal history issued by the Government of the applicant, and self-physical examination report for taking drugs and infectious diseases. After entering South Korea, they should receive physical examination report from a designated hospital and submit it to Korea Immigration Service.

    ○-In order to prevent forgery and alteration of application documents such as the certificate of criminal history, the Korean Government will require ‘Apostille’ which verifies whether the official document is really issued in the relevant country by a competent Government authority.

    ○ Since native speakers who received certificates of issuance of visas at immigration services received E-2 from consulates in China and Japan until now, it has been difficult to verify whether they really have the diploma specified in the document.

    However, from now on, the applicants should apply for the visa at Korean consulates located in their home countries. Since the first time applicant shall have to apply for an interview with consul, the investigation for the issuance of visa will be more strict.

    ○ In order to prevent submission of forged documents such as certificates of diploma at the time of applying for certificate of visa issuance, the Seoul Immigration Office will organize and operate document a identification team to originally block the issuance of visas using forged documents.

    □ Supplying native English teachers flexibly

    ○ The Korean Government will implement measures to utilize English teachers and professional personnel who are staying in South Korea to solve the shortage problems of native English teachers which may occur due to the tightening verification of eligibility of native English teachers.

    - Flexibly applying the regulations with regards to activities other than eligibility of stay in South Korea (Article 20) and changes and additions of workplaces specified in the Korean Immigration Law.

    □ Strengthen non-immigrant status of English teachers and management on employer

    ○ In order to prevent illegal English teaching activities and taking drugs and sexual harassment of English teachers, the South Korea Government will continuously and systematically implement joint crackdown on illegal English teaching, and will take action to deport offenders and block the entry of them simultaneously.

    ○ The punishment on the illegal employers will be heavier and the violators will be reported to the Ministry of Education and Human Resources Development to implement administrative sanctions on the illegal academies and block the employment of illegal English teachers.

    ○ In order to prevent native English teachers who disrupt social order with taking drugs, committing sexual harassment and alcohol intoxication, the black list of problematic English teachers shall be shared between related institutions such as the Ministry of Justice, Ministry of Education and Human Resources Development, and Korea Academy Association to intensively monitor the information of such English teachers and originally block the entry.

    □ Expected Effect for the Improvement Measure on English Teacher System

    ○ It is expected the uneasiness of citizens incurred from ineligible English teachers will be mitigated by blocking illegal activities of disqualified English teachers who entered South Korea with tourist visas, visas obtained through forgery, and prohibiting entry of former convict and the person taking drugs thanks to this measure on the native English teachers by the Ministry of Justice.

    ○ The Ministry of Justice will continuously monitor the effects of these measures. If such illegal activities of English teachers are not eradicated, it will consider out stronger punishment measures.
    【 Reference 】

    □ The Status of Disclosed Illegal Foreign Language Instructor (2001 ~As of August 2007)

    Country
    Year Total USA Canada Australia New Zealand China Philippine UK South Africa Others
    Total 1,481 437 540 118 98 71 13 78 38 88
    2001 307 108 102 24 25 3 2 16 1 26
    2002 317 94 112 32 21 8 4 9 12 25
    2003 180 47 63 14 15 12 2 14 3 10
    2004 144 37 52 17 10 9 2 7 5 5
    2005 290 72 150 12 14 11 2 13 10 6
    2006 143 46 38 14 6 18 9 4 8
    2007. Aug. 100 33 23 5 7 10 1 10 3 8
    ※Others : Japan, France, etc

    □ Apostille

    ○ Apostille treaty is multilateral treaty where issuing countries verify the certification of official documents instead of omitting complicated verification procedure between treaty countries.

    ○ As the Apostille Treaty is effective on July 14, 2007, the official document with ‘Apostille’ attached can be verified in treaty countries without separate notarial acts. The convenience of handling processes of work for students, immigrants and trading business has been much improved.

    - Total 92 countries including USA, UK, France and Japan are joining this Apostille Treaty concluded in 1961

    - If citizens who wish to send official letter to foreign countries obtain ‘Apostille’ from the civil affairs office in annexed building of the Ministry of Foreign Affairs and Trade after receiving official document, such official document will be recognized as official document in the competent country.

This was translated for me by a very competant friend. I checked the English as much as could be done, and here it is. The way it reads, the new regulations will apply to new teachers and those changing jobs. (doing a visa run).

There is a presidential decree and some legislative action behind all this, I have a copy of that and am working on getting it translated. I will post it when it is done.


Sean. inscribed these words of wisdom on Tuesday Nov 20, 2007 at 05:16 PM
Public_Service_Announcement | ESL_in_the_News |
Picture of Brandon

Brandon wrote 19 words  on  Wednesday Dec 5, 2007  at  05:03 PM Korea (South)

Great translation and this will definitely be helpful since there is a dearth of information about the new changes.

Sean.

Sean. wrote 28 words  on  Wednesday Dec 5, 2007  at  05:45 PM Korea (South)

Brandon,
I didn’t do the translation, just copied it from the link above. But yeah I agree we do need some solid information rather than rumor and conjecture.

Picture of Jeff

Jeff wrote 24 words  on  Tuesday Dec 11, 2007  at  05:46 PM Korea (South)

How about when we renew our visa? Do we need all of those documents before December 15th? after the 15th? or starting next year?

Sean.

Sean. wrote 80 words  on  Tuesday Dec 11, 2007  at  05:53 PM Korea (South)

Jeff,
in my latest post there is a link to a pdf of the rules put out by immigration. Unfortunately it’s only in Korean. if you need help, hopefully you have a Korean friend who can read it and answer your questions.

But don’t be surprised if the answer changes from week to week as immigration isn’t known for having a single interpretation of the rules and they are known to change rules as the direction of the wind changes.

Picture of allen

allen wrote 105 words  on  Saturday Dec 15, 2007  at  04:32 PM Korea (South)

I’m sorry if i may seem a bit thick… but i’m still not clear on this point:

Does the new law apply only to new visas?  Or does it apply to renewals as well?  I am aware that the “law” can change at any time, according to the whim of a few anonymous bureaucrats (and i realize that even after years of teaching here, i am nothing more than a commodity and a 3rd-class citizen of the community), but as it stands now, if i am renewing in May, will i have to jump thru these new hoops, or just finally give up and leave?

Sean.

Sean. wrote 17 words  on  Saturday Dec 15, 2007  at  04:45 PM Korea (South)

Allen,
I don’t anyone knows the answer. I would guess that you’ll have to jump through hoops.

Picture of allen

allen wrote 36 words  on  Saturday Dec 15, 2007  at  05:14 PM Korea (South)

Thanks - i’ll be sure to have a suitcase ready in May. 

I never really felt right around here anyhow, and maybe Japan or Taiwan are friendlier places.  Will let u know when i get there.

Picture of allen

allen wrote 250 words  on  Saturday Dec 15, 2007  at  06:05 PM Korea (South)

You know, i’m I’m not French, but i lived in Paris for 12 years before coming here (and i’ve been here for 8 years).  if i did have a criminal record it would most likely be in France or here…  20 years ago, i lived in New York, but was never arrested there either.

But Koreans, in their self-imposed blindness to the outside world, cannot really be expected to understand the utter futility of these constant immigration tactics.  Any grief caused to ‘foreigners’ is just a feather in a politician’s cap.  And any waegook is by definition, a vile and subversive character—a criminal, drug addict, or pederast.

If i look out the window of my closet-sized oficetel, from where i have diligently walked to the school where i taught bright faces to speak a few words of English and (hopefully) apply a modicum of critical thinking to their essays, i see only forest of sex motels and room salons.  And i live in a residential area.

Instead of rewarding new citizens for years of respectful and diligent service, Korea seeks, as usual, to implement a pseudo-statistical solution, designed to ward off enthusiastic new citizens, and to self-justify its own institutionalized decadence.

This place, i think, despite its recent successes in marketing semiconductors and cell phones, is doomed to racist, inbred putrification.  Call it “culture” if u like, but that doesn’t change the color of the beast.

This is a society that needs to take a good, long look at itself.

Picture of Brandon

Brandon wrote 221 words  on  Saturday Dec 15, 2007  at  07:41 PM Korea (South)

allen - just a heads up, but for renewals, you may be able to get the May renewal by the 15th of March—they just extended the date to 3/15/08 for renewals of visas the “old fashioned way” without the criminal background check & medical affidavit. 

your last longer comment was interesting to read.  I’d have to agree on some points, but your generalization doesn’t apply to all that’s been done.  The changes have been poorly implemented to say the least, but they’ve needed some sort of check on people coming into the country for a long time.  It’s just that they finally responded to events this past year to do what they should of done years ago. 

If you had kids, you wouldn’t want a criminal to teach them.  They needed some sort of check to make sure criminals are NOT teaching them.  It’s just they didn’t figure out how to do it the “right way.” 

Instead of complaining though, how about helping them?  How about looking for the people to make a difference?  I love it when people complain about what’s wrong, but don’t do what it takes to make it better…

I don’t know what you’ve done though…so this is not a critique of you, but honestly, the country needs help…why not try to help them?  Just a thought…

Picture of allen

allen wrote 487 words  on  Saturday Dec 15, 2007  at  08:49 PM Korea (South)

Hey Brandon,

I have a daughter in NY.  She’s had good teachers and bad ones, and i’ve been actively involved in her life (both economically and morally) since the 1st day. 

I’m going to be honest: i’ve broken the law of the land (various lands) on many occasions but that was when i was a much younger lad… and i’m one of those lucky people that never got caught (hey, even Clinton and Bloomberg are on record for smoking).

But this thing, this new, new, new law isn’t really about separating bad people from good people, in the teacher-hiring process.  It’s simply a reactionary tactic designed to separate “us” from “them”, and nothing better.

I’ve been teaching in Korea for 8 years.  During that time, i’ve never seen immigration authorities raise a finger to make our lives more palatable.  We have no chance of ever becoming bona-fide residents, or respected members of the community.  Even if we marry here (assuming u are under 35, and culturally permitted to marry) we still have no right to work without that inevitable E2 visa.  The one that makes you a hagwon-owner’s slave…

I’d like to help them.  In fact, i’ve wasted the last 8 years of my life trying to help them.  I love the children i teach, and will truly miss them.  In a way i’m glad i had that opportunity even if it only amounted to a drop in the bucket. 

But after 8 years i also expected something better for myself.  Here in Korea, i am obviously just political garbage and I’m getting out of here while i still have some self-respect.  Anyhow, there is an endless stream of new teachers behind me, and the kids will only miss me for a day.—we are, in the end, just a commodity to be bought and sold, and to be statistically manipulated for political gain.

But i respect you for holding on.  Believe me, i understand and respect that.  If we didn’t think we were making some kind of difference, none of us would ever stay for more than a year.

This thing—this “new new law” it’s not about improving education in Korea.  Quite the contrary.  It’s about disdain for other human beings.  It’s about disdain for your own children.  It is the ugliest hipocrisy.

If i thought that by jumping through this new hoop, i could somehow improve Korea’s cultural/educational perspectives, i’d be happy to do it.  I actually love Koreans—they are the most warm-hearted (in the street) people i’ve ever known.  But if this government insists on treating me like shit, i must go.  I have that that responsibility to myself, and to those (in other places) who love me and depend on me to be strong, and stand up for what is right in this crazy world.

What the Korean government has been doing to us (for 8 years that i know) is simply not right.

Sean.

Sean. wrote 71 words  on  Sunday Dec 16, 2007  at  03:17 AM Korea (South)

Even if we marry here (assuming u are under 35, and culturally permitted to marry) we still have no right to work without that inevitable E2 visa.

Actually that’s wrong. Once you are married you can get an F2-1 visa which has no work restrictions and then after 2 years on that visa you can change to an F5 visa, i.e. permenant resident - that is the visa I am on.

Picture of allen

allen wrote 47 words  on  Sunday Dec 16, 2007  at  05:36 AM Korea (South)

Then i stand corrected, but remain unsatisfied. 

It’s a dead end for me, as E2 visas become harder and harder to get.  And my years on the job never added up to a hill of beans, as far as immigration was concerned.

My own fault i guess.

Sean.

Sean. wrote 47 words  on  Sunday Dec 16, 2007  at  07:07 AM Korea (South)

Allen,
I agree that the situation really bites. Immigration really does need to create a new visa class for long term residents who have never had a problem in Korea - it would make things so much better for dedicated teachers and professionals who deserve some respect.

Picture of allen

allen wrote 270 words  on  Sunday Dec 16, 2007  at  08:19 AM Korea (South)

I agree that the situation really bites. Immigration really does need to create a new visa class for long term residents who have never had a problem in Korea - it would make things so much better for dedicated teachers and professionals who deserve some respect.


Thanx ScS

My sentiments exactly.  These tactics make it clear however that the Korean government has little, if any, respect for us.  The new law is clearly engineered as an attempt to manage a social commodity.  Unfortunately it doesn’t even pass for social engineering—far too impractical.  It is likely to damage or destroy a valuable Korean industry in addition to causing unnecessary grief to individual teachers.

But here’s the real rub.  They don’t like us.  If they did, they’d have put themselves in our shoes for a couple of minutes before slapping together this shoddy new legislation.

I have another question.  Does anybody really know how ‘apostile’ works?  Say you are motivated to get yourself fingerprinted by the local Korean police and then use courier services to make this “criminal background check” come to Korea (and i have a few months to work on it) then what must you do?  Do the embassies provide “apostile certification services”. 

Or, God forbid, do they actually expect us to fly home and get all this stuff done?  I think that half the hagwon owners in Korea just got kicked out of business.

As I read the notice above one more time, i can see that they are holding back—“stricter” measures are apparently in the works!  What did i do to make these people hate me so much?

Picture of allen

allen wrote 81 words  on  Sunday Dec 16, 2007  at  09:26 AM Korea (South)

allen - just a heads up, but for renewals, you may be able to get the May renewal by the 15th of March—they just extended the date to 3/15/08 for renewals of visas the “old fashioned way” without the criminal background check & medical affidavit.

Brandon - do you know if it is possible to have a visa renewed well in advance of it’s epiration date?  If so, then you may be right and i can buy myself a little time.

Picture of Brandon

Brandon wrote 504 words  on  Monday Dec 17, 2007  at  03:13 PM Korea (South)

Allen—how far in advance?  I know we have some deal where we can do it about 2 months in advance…maybe 2.5 if they’re feeling good.  What city are you in?  I think it depends on your Immigration office.

I’ve just read about your situation in detail and I have to say I feel bad for you.  You might be surprised at how long these kids remember you though.  I know many of them who recall teachers 10+ years ago.  I have one girl who credits most of her learnings (she’s a 9th grader now) to her English teacher who she had when she was in 3rd grade.  She’s one of my best students I’ve ever had who hasn’t gone abroad to learn the language. 

Anyway, I’m wondering if you write about your situation more that there may be some better resolve for you.  I’d post your story to Korea Times or some other Editorial section of the Joongang Ilbo or the Korea Herald.  I do have to admit this country is somewhat ageistic as well as racist and discriminatory on many levels.  However, it’s because they have been a single race country for a long time and it was only until recently when Hines Ward became MVP of the superbowl they started to make public statements about having mixed heritage & how that’s now a good thing.

We have 2 african american teachers in our system out of 50+ and I support them 100%, but I have to admit that we don’t have 48+ African Americans and 2 white teachers for a reason—it would probably shock the parents.  Nevertheless, we’re better than we were 10 years ago when I first taught here. 

I don’t think the immigration dept is thinking “us vs. them”, but I can understand how you feel that way.  I just think they’re getting a bit of flack for not stepping up a while back in doing checks like this. 

Again, I agree it’s very messy - VERY, VERY CONFUSING, but again, I don’t disagree with the need for it.  Also, I just wish we could do a better job about making it more clear and the process better.  I’m trying my best & volunteering when I can.  Unfortunately, we all don’t have all the time in the world. 

Lastly, the one thing to note is this country operates off of yin & yang.  I mean, they learn from the bad to get to the good and sometimes get a little lazy when it’s good…and then fall back into the bad.  I sense that there’s enough pain & frustration in this issue now that something will be done, but the CLEAR FACT HERE is if no one says anything to the Immigration dept directly, they will NOT know how bad they screwed up.  It’s like when you’re disatisfied with something your boss, but you don’t speak up until it boils to a point where you blow up—it’s not your bosses’ fault, but yours for not speaking up early enough about it.

Picture of allen

allen wrote 391 words  on  Wednesday Dec 19, 2007  at  10:37 AM Korea (South)

I guess i’m in the “wait-and-see” mode Brandon.  Job security?  Well, i guess that should never be a valid concern for E2 visa holders in Korea (we are, understandably, the scum of the earth - i knew that).  Writing a letter to immigration?—that would merely flag me as a dissident “disturber of the public order”.  I think you are operating under the premise that basic individual freedoms (freedom of speech, freedom of assembly…) are operational in this scenario.

You seem to think that the Korean Gov’s panic reaction is somehow justified, and from reading the blogs, you are not alone.  I would agree that, in any industry, there is a need to separate performers from slackards… but the way to do that is thru job performance monitoring, and NOT with government sanctioned civil rights violations.

At the very least, the new rules are a violation of a social contract between the Korean government and its “foreign” community. When a teacher agrees to come to Korea, leaving behind his/her family, country, way of life etc, he does so under a specific AGREEMENT set out by his new employer in Korea AND the Korean government. Changing the rules, in mid-term, is a breech of that contract.

You wouldn’t expect GM to change the rules of your car lease before the term had expired — that would be illegal. Granted, Korea is a sovereign state as well as a business and, as a state, it makes the law. But that doesn’t change the unethicality of it. Forcing E2 visa holders to jump thru a new set of hoops is a serious contract violation. Certainly no private business could ever employ such tactics and get away with it; at least not in a civilized nation.

One of the duties of the state is to monitor business activities within its borders and to ensure that ethical biz practices are enforced. However if the state itself cannot honor its agreements, what would you expect from a hagwon owner, under pressure to turn a profit?

Putting it bluntly, the new immigration rules are a serious contract violation that should raise a flag for anyone considering employment in Korea: they can and will change the rules whenever they feel like it, and you shouldn’t play this game if ehtical behavior and job security are among your priorities in life.

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