• UK
  • 16:54 23 Nov 2009
  • |    Seoul
  • 01:54 24 Nov 2009

Legal issues to be aware of

Changes to immigration rules for foreign teachers working in the Republic of Korea

On 15 December 2007 the Ministry of Justice made some changes to the immigration rules which effects those in Korea in teaching positions on E2 visas and those planning to work in Korea as teachers on

E2 visas. Information about the immigration rules can be found on the English language version of the Ministry of Justice website:   www.moj.go.kr

Anyone planning to come to Korea and work as a teacher should contact their nearest Korean Embassy to find out the latest application procedures. The website for the Korean Embassy in London can be found at http://gbr.mofat.go.kr/eng/eu/gbr/main/index.jsp.

For those already in Korea when you apply for a visa extension, renewal or when switching employers you will need to provide a criminal check completed in the UK and a health check completed in Korea.

The attached leaflet from the Korean Immigration Service explains the background to the changes and the procedures to be followed:

The British police do not issue "certificates of good conduct" or "police clearance certificates". However you can request a police reply under the subject access provisions of the Data Protection Act 1998 as a suitable equivalent. The Korean authorities find this acceptable. It is possible for British Citizens living in Korea to make this request to their local police authority from outside the UK. You do not have to have been living in the UK before making this request. The reply from the British police has no expiry date as it covers the time up to the request was made. We understand that the request and reply take around 40 days to complete. The reply will be sent to you by post only and will not be sent by either email or fax. Only you can make the request via the British police  - the British Embassy cannot facilitate this for you.

The Metropolitan Police website has further information on obtaining a police reply under the subject access provisions of the Data Protection Act 1998. Click here:

http://www.met.police.uk/information for step by step instructions on how to make this request. Similar requests can be made to other police forces in the United Kingdom.

For a list of Police Forces in the UK including contact details, click here: www.askthe.police.uk

Once you have your police check this will need to be notarised by the Consular section of the British Embassy. We can notarise the police certificate which will be acceptable by the Korean Immigration Office.  For current fees please visit our Consular Fees  

British Embassy
Taepyungro 40
4 Jeong-dong
Jung-gu
Seoul
100-120

The Consular Section of the British Embassy Seoul is open as follows :

  • Between 09:30-12:00 Monday-Friday
    For fee paying services including the acceptance of passport and notarial applications, birth registration etc. and for pre-booked appointments (marriage, notarial, citizenship ceremonies)
  • Between 14:00-16:30 Monday-Friday
    The section is open for general enquries and non fee paying services only.
  • Tel:+82 (2) 3210 5500
    Email: Consular.Seoul@fco.gov.uk

Degree certificates will also need to be verified to prove their authenticity. This applies to applicants both in Korea and applying in the UK. This can be done by your employer. They will need to contact the Korean Accreditation Agency who will carry out the necessary checks. In order for them to be able to do this you will need to provide a signed letter of consent to your employer. Failure to complete these checks may result in your visa being denied.  

A few general tips:

English language teaching is a large and lucrative commercial operation here in Korea. Unfortunately, as with all such operations, some language institutes are not as reputable as others or quickly go out of business. Some preparatory research before taking up employment therefore, may avoid problems in the future.

Wherever possible, try to check out potential employers, before committing yourself. Ask for contact details of present and past teachers and seek references from them. Ask how long the business has operated, and how many foreign teachers it employs. Ask about class sizes and expected working hours. Ask about accommodation, taxation, medical cover, who pays for air tickets, termination of contract arrangements, terminal benefits etc. Please note that medical treatment and accommodation and utilities, can be expensive if not included in the employment package.

The Foreign and Commonwealth Office advises all those travelling abroad to take out sufficient medical/travel insurance for the duration of their stay. This should cover repatriation costs in the event of illness/accident or death.

Commercial disputes between language institutes and teachers they employ are not uncommon. On occasions, the conditions of employment stated in contracts are not honoured, or are subject to change without prior consultation. Always keep copies of all correspondence with your employer and/or recruiting agency.

If you are being offered something in your contract which is ''too good to be true'', them, quite possibly it is! Be realistic in your expectations.

Ensure you enter Korea using the correct visa, i.e. one which allows you to take employment. The nearest Korean Embassy is able to give advice on the visa requirements to work in the Republic of Korea.

Click here for the contact details of the Korean Embassy in London.

Retain your passport. Your employer has no legal right to hold your passport, and is not required to do so by the Korean authorities. Your passport remains the property of the British Government at all times. Please contact the Consular Section of the British Embassy for advice, if your employer insists on keeping your passport.

Please note that the British Embassy is unable to intervene in any commercial dispute with your employer. We are unable to offer legal advice as we are not trained to do so. We can, however provide details of English speaking lawyers, and also the contact details of a local organisation which offers free legal advice to foreign worker in Korea. We cannot help to meet any legal costs. You should consider taking out insurance cover, to pay for any costs which you might incur, if you become involved in a dispute with your employer.

Consular Section
British Embassy
Seoul
23 April 2008




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