Time to Get Your Politic On...Almost

In March last year I wrote about ATEK, the Association for Teachers of English in Korea. 10 months later there is still no formal association, not for the hard work of some dedicated individuals, but because of where such an association might sit under Korean Law.

We all know that we foreigners on E2 and E1 visas are subject to conditions that prevent us from undertaking any activity other than that stated in our visa (i.e. teaching English at a specific school / hakwon). Thus being an ATEK organiser might fall outside said regulations and thus be illegal.

In addition E1 and E2 visa holders are specifically prohibited from engaging in Political activity, although that would constitute a "political" activity is not clearly spelled out in Immigration regulations.

So the upshot is that because no one can give the people at ATEK a straight answer the thing hasn' started as such. Tony Hellmann, Comms Director for ATEK describes the situation thus:

This is a common theme with Korean law: statutes are written ambiguously allowing for broad interpretation, which allows the ministries and agencies charged with applying the statute wide discretionary powers. For example, there is currently no statute (Act of the Korean National Assembly) regarding the E-2 visa regulations. The Korean Immigration Service, as a department of the Ministry of Justice, is charged by the government with regulating foreign immigration and that power gives them the authority to create their own regulations.

I might describe it as typically Korean...but that's another post. (Or Podcast).

Interestingly something has been cleared up by Mr Hellmann's correspondence with Immigration Authorities. It seems that volunteering at orphanages etc. is OK under the E1/2 regulations. In response to questions about what activities (apart from your indentured servitude to your employer) are allowed under an E1/2 Lim Yong Sung from The Residence Policy Team, Korean Immigration Service, Ministry of Justice states:

As you might know, if you want engage in activities beyond the current status of stay, you shall obtain the permission from the Minister of Justice. Those activities cover from economic to non-economic

It means that even you engage in unpaid volunteer work, you should get the permission from the Minister of Justice

However, you can do unpaid volunteer work at the places without getting the permission from the Minister of Justice, such as public institutions, orphanages, homes for the aged

[emphasis mine]

So that clears that up. Go volunteer at an orphanage. The rest of Mr Lim's answers to ATEKs questions are predictably vague and have precipitated further questions to be asked by ATEK.

Interestingly the regulation prohibiting "Political" activity might well fly in the face of a number of weighty documents, including the Korean constitution and the International Covenant on Civil and Political Rights, of which Korea is a signatory.

But I dear say that is a fight a little further down the road for the people at ATEK.

At any rate, for more information you can check the ATEK website and Hellmann's blog chronicling the set up of the organisation here.

Comments

[vino veritas]

thanks for the update

[sunny kurti]

Yeah--I felt really pumped by ATEK and was on the original board of directors until I realized that the problems it was having was self-inflicted.

We could have incorporated but chose to keep control"-a wrong move.

I was offered the opportunity for a position which was about as clear or transparent as the rest of the organization. To me it is ridiculous. First we are told we are members--then told we cant be members because the Korean government will beat us up--then we are told we are members again--but when a "member" asks to become involved they are given the Hellman runaround--

The bottom line is the media director couldn't direct his way out of a paper bag, let alone an important organization that could unite a group of professionals, sometimes desperate in their situation.

Too bad.