While reading a post written by Brendon Carr on Marmot’s Hole, my blood pressure began to rise steadily. The post dealt with whinging English teachers who voluntarily put themselves into situations and then scream and yell and cry when some powerful government agency, lawyer, or avenging angel doesn’t ride in on a white horse and save them.
Brendon wrote:
The writer feels doubly betrayed because his Embassy refuses … to come down like the Hammer of Zeus™ bringing the full weight of U.S. power onto the heads of the hagwon owners. …
What irks me about this clown’s article is he has the gall to compare himself to the third-world women and factory workers who are trafficked to Korea to work as slaves. He wants the National Human Rights Commission to set up a special, “fully-staffed” bureau to avenge the English teachers … Get over yerself, buddy. You got cheated on a contract — that’s not a “human-rights violation” … So what?
Ok. First off, let me say that I KNOW English teachers get screwed over a lot here. It is NOT OK that it happens. Of course it shouldn’t happen. Yes it would be wonderful if all teachers everywhere were treated with respect and dignity and were given their full rights and protections under the Labor Standards Act.
That having been said, I must make two statements based upon Bayesian probability that to me appear to be universal truths. Although these statements are, of course, subject to Popperian falsifiability, until empirically proven wrong, I remain convinced of their truth:
- Regardless of how bad any foreign teacher has is treated at any given language institute, the Korean teachers at that same institute have are treated worse.
- The majority of foreign English teachers bring the majority of their problems on themselves.
To test the validity of my first statement, I challenge any foreigner at any institute who thinks he or she is being treated worse than the Korean teachers to ask those teachers how their respective work situations compare. Some things to look into. Ask how many of the Korean teachers (English, math, history, or any other subject) make more than KRW 2,000,000 per month. Ask how many of them are given free housing. Ask how many of them receive round trip plane tickets anywhere. Ask how many of them even get bus fare. Ask how many of the Korean teachers get their full vacation time granted under the Labor Standards Act. Ask how many of them work fewer hours than you. In my experience, the universal answer to all of those questions is NONE!
I don’t say this to suggest that because foreign teachers are treated better, it is ok for the institutes to get away with the things they do. I mention this to say that when foreigners complain to the Korean teachers about their situation and working conditions, the Korean teachers can, in no way, sympathize with the foreigners. The Koreans wish they had it as bad as the foreigners, and they resent the Foreigners for complaining when they have it so good comparatively.
Another, although seemingly less common, phenomenon is the plight of the institute director who truly is trying to do his best for the foreign teacher, and simply can’t figure out what this foreigner is complaining about. An example of this is a conversation that I overheard while sitting and chatting with one of the top-ranking US diplomats in Korea at that time in his office. I have no idea how that woman got connected through to his phone. Perhaps it was her yelling, hysterical wailing, and incomprehensible blubbering. However, she got through, I am grateful that I was able to be privy to the conversation. As best I remember, the conversation went something like this:
Him: This is X.
Her (sobbing and crying uncontrollably throughout the conversation): YOU HAVE TO HELP ME!!!!
Him: What’s the problem?
Her: My institute director!!! You have to help me! You have to make him stop treating me like this!!!
Him: What’s wrong? What’s he doing? Are you OK?
Her: I can’t believe he keeps making me do it!!! It’s not right!!! I can’t live like this!!! I just can’t do it every day!!!!
Him: I’m sorry. I don’t understand. You have to calm down and stop crying so I can understand what you are saying. Take a deep breath and tell me what the problem is.
Her: It’s terrible!!! You have to make it stop!!! The embassy has to help me!!!
Him (getting a little irritated): I don’t know what to do, if you don’t tell me what happened.
Her (gaining a little composure): My institute director! He is making me live in this appartment that is so far away from my school. It takes me 30 minutes one way to get to and from work! (sobbing again) You have to make him move me closer to the school!!!!
Him (nearly roaring with mixed anger and incredulity): WHAT?????
Her: You have to make him…..
Him (cutting her off): Look! Just a minute.
Him (shouting across the office): Miss A, how long does it take you to get to work?
Miss A: one hour.
Him: Mr. B, how long does it take you to get to the office?
Mr. B: 45 minutes.
Him: Miss C, how long does it take you to get to the office?
Miss C: about an hour.
Him: And it takes me about 45 minutes to get to work. You see. Can you understand that your institute director has ABSOLUTELY NO CLUE what you are whining about?? I bet he would give his right arm to be able to live only 30 minutes away from the school!
Her: But what can I do?
Him: Look! If you don’t get what I am talking about, then I can only suggest one thing. GO HOME! Just go home!
This leads me to one brief side note. In his post, Brendon refers to people feeling “doubly betrayed because [their]Embassy refuses … to come down like the Hammer of Zeus™ bringing the full weight of U.S. power onto the heads of the hagwon owners.” When I get calls from institute teachers, which are mercifully becoming fewer and fewer these days, it is not uncommon for the caller to begin by complaining that the stupid, useless Embassy was totally unhelpful and wouldn’t do anything except email him/her a list of lawyers that are willing to help foreigners.
Just as a bit of information for you about the US Embassy (i don’t know about other countries’ embassies), if you don’t already know it, the US Embassy is a diplomatic entity. It’s main purpose is to provide a diplomatic link between the host country and the USA. The embassy cannot and will not get involved in personal or civil disputes between Americans and Korean companies or employers. The embassy cannot even suggest a specific lawyer to assist with a particular problem. They embassy can only give you a list of lawyers that have expressed a willingness to assist foreigners. THAT IS ALL THE EMBASSY WILL DO. The official word from the State Department is as follows:
The Embassy, by regulation, cannot enter into any case, conduct any investigation, or act as a lawyer for any personal mishap or employment dispute experienced by a U.S. citizen. We cannot investigate, certify, or vouch for employers. It is up to each individual to evaluate an employer before signing a contract, and to use common sense when traveling this far, including keeping sufficient funds available to return home should the situation become untenable.
In criminal matters, the embassy’s role is limited to providing the aforementioned lawyer list and making a visit every now and again to ensure that you are being treated no worse than the Korean inmates. They can do NOTHING to get you better treatment than Korean inmates. Again from the State department:
If you violate Korean … laws, the Embassy cannot assist you other than to provide you with a list of attorneys…
So. If you are a foreign teacher, you will get no sympathy from the Korean teachers in the institute and the embassy can’t do anything for you. So, what can you do? The first thing to do is to remember the old addage, “an ounce of prevention is worth a pound of cure.” The best way to handle problems is to avoid problems in the first place.
Brendon advises the following for would-be English teachers:
(1) Don’t come here! (2) Since you’re going to come here anyway, dummy, make sure that you have six months’ living expenses (a single young person can live in Korea on about $1000 a month) and cash for return transportation home. Odds are good that you’ll be cheated. At least if you take steps to make sure you’re not helpless, it will be a mitigated disaster instead of an unmitigated disaster.
I fully concur with this advice. However, I want to expand it. My first bit of advice is exactly as Brendon says. DON’T COME HERE!!! Just don’t come. As Brendon points out, the US Embassy virtually screams “DON’T COME HERE TO TEACH ENGLISH, LEAGALLY OR OTHERWISE!!” The US Embass says:
WORKING IN THE REPUBLIC OF KOREA: Americans going to the Republic of Korea to teach, model or work for a company (part-time or full-time, paid or unpaid) must enter the ROK using the appropriate work visa. Changes of status from any other visa status to a work visa are not granted within the country. Any foreigner who begins work without the appropriate visa is subject to arrest, costly fines, and deportation. Persons working without a valid work permit and who have a contractual dispute with their employers have little or no entitlement to legal recourse under Korean law.
TEACHING ENGLISH: The U.S. Embassy in Seoul receives many complaints from U.S. citizens who enter the Republic of Korea to teach English at private language schools (”hagwons”). The most frequent complaints are that the schools and/or employment agencies misrepresent salaries, working conditions, living arrangements and other benefits, including health insurance, even in the written contracts. There have also been some complaints of physical assault, threats of arrest/deportation, and sexual harassment. Some U.S.-based employment agencies have been known to misrepresent contract terms, employment conditions or the need for an appropriate work visa. Since Spring 2005, Korean police have investigated a number of foreign teachers for document fraud. Several Americans have been arrested and charged with possession of fraudulent university diplomas which were used to obtain employment in Korea. A comprehensive handout entitled “Teaching English in Korea: Opportunities and Pitfalls” may be obtained at the U.S. Embassy in Seoul or via the Bureau of Consular Affairs homepage at http://travel.state.gov/ under Travel Publications.
If you choose to ignore this clear and obvious warning, you likely are setting yourself up for problems later. However, there is still hope for you to minimize your risks. I cannot say this emphatically enough: “KNOW WHAT YOU ARE GETTING INTO BEFORE YOU GET INTO IT!”
It never ever ceases to amaze me that the same people who will read every single word on a video rental membership application and make sure they understand every possible nuance of late fees before signing the membership application will go and sign a contract without carefully reading, considering, and understanding what it means in a Korean context. They will rely on statements made by complete and total strangers, pack up their bags, and fly 6,000 miles from home without scrip or purse, never having made any effort to check on the schools reputation, ask for references, or investigate any other aspect of the school. This is part of what I mean when I say that teachers bring most of their problems upon themselves.
Another part of foreign teachers bringing problems onto themselves is the inability/unwillingness to do what is expected and know their role in society and to conform with societal and cultural norms. One afternoon, I was waiting to have lunch with the high-ranking diplomat mentioned above. As I sat outside his office door waiting for Mr. X to finish his appointment, a man walked out of Mr. X’s office. He had long, curly, unwashed hair falling past his shoulders, full beard, an earing, knee-length denim cut-off shorts, flip-flops, and a bright-colored t-shirt. I asked Mr. X who that guy was. I was told that the meeting went something like this:
Him: How can I help you.
Guy: I don’t know what to do. I show up on time. I do my work. But, no one respects me at the institute. I’m a professional, and they should treat me with respect.
Him: Have you looked in a mirror?
Guy: Huh?
Him: Have you noticed that almost all professionals in Korea wear a dress shirt and tie. Have you noticed that bus drivers wear uniforms? Have you noticed that even garbage men wear uniforms? Look at the way you are dressed. Look at your hair. A Korean would never be seen out in public looking like this and certainly never be allowed to work in a professional environment looking like that (which was true at that time). If you want to be treated with respect you have to look, dress, and act respectfully.
I personally do not frequent places many places where English teachers hang out. One of the reasons is that I get easily frustrated watch a bunch of grubby, unkempt, long greasy-haired men and other people that look like they crawled out of the shallow end of the gene pool and into Darwin’s waiting room gripe about how they are treated badly at work. They should be lucky they are allowed to work looking like that. I think all institutes should have strict dress codes. However, suggesting a written dress code is unnecessary as every Korean knows how to dress for work. It’s just the foreigners how walk around with the attitude of “I’ve just got to be me. What does it matter how I look if I do my job well?” The short answer is that to Koreans, it matters A LOT what people look like. You as a foreigner are more noticeable and should therefore be trying extra hard to get the respect you so desparately want, but so seldom deserve. Appearance and attitude go a long way to help avoid problems and to help resolve problems that do occur. The State Department addresses this issue as follows:
SOCIAL STATUS OF TEACHERS: Teachers are usually treated with great respect in Korea. However, it is also important to exhibit the kind of personal qualities and behavior that help maintain that respect. A foreign teacher who does disrespectful things, such as dressing or behaving too casually or informally, or losing his temper with a boss he considers unreasonable, would be held in great disdain by most Koreans, and runs the risk of getting into serious trouble with both his employer and the Korean Immigration Office. In other words, one should always present a mature, discreet, dignified and respectful manner. As a foreigner in Korea you will be highly visible, and you may find living here to be like living in a fish bowl, with everyone around you watching what you do with great interest. Remember that Korean society is more conservative in many ways than American society, and abide by local norms.
THE ESL PROFESSION IS NOT CONSIDERED PROFESSIONAL BY SOME KOREANS: By and large, Koreans do not think teaching ESL is a professional occupation. In fact, many believe any native speaker will do. This of course is based partially on reality - many ESL instructors in Korea have not had any professional training.
How generous of them to state that “many” ESL instructors have not had any professional training… I would say VERY few have had any professional training.
Korea is not a commune where everyone is on equal footing. Like it or not, Korea is governed by Confuscian social principles and hierarchies at all — and I mean ALL — levels of society. Everyone knows their place. Everyone in the house knows their function and place. You are not the Lord of the Mannor here. You are not even on the same level as a servant. You are a foreigner, and outsider, an other, a stereotype, a virtual non-entity. After almost 18 years dealing with and living in Korean society, most foreigners think I have gone native, but to Koreans I am still as foreign as if I walked off the boat yesterday. You can only be as involved in Korean society as the Koreans will let you be and you have to work very hard to even crack the surface. Again, the State Department addresses this issue:
FOREIGNERS ARE NOT KOREAN: Korean society in general makes a great distinction between one’s inner circle of family, friends and business colleagues, and outsiders. One should always treat one’s inner circle with complete respect and courtesy, while one treats strangers with indifference. Korea is not an egalitarian society; one is either of a higher or a lower status than other people. How do foreigners fit into this scheme? The simple answer is - they don’t. Foreigners are completely off the scope.
If you act like an arrogant, snobbish prat, yell at people who are just doing their jobs, act like you are entitled to better treatment because you are a foreigner, or act like you should be treated the same way you are treated back home, then you are going to get in trouble.
In 18 years, I have NEVER been stopped, inspected, or taxed by Korea customs when entering the country, including the time I wheeled in 209 pounds of computer equipment. Yet, I hear of people that are always stopped and searched by customs. I walk slowly and quietly through the line, hand them my customs declaration form and answer every question they as quietly and politely. On the other hand, I have seen countless foreigners react with the attitude of “Who do you think you are asking me to open my bags? See. There’s nothing in here you foreigner-hating loser.” I know one person with that attitude that has be subjected to a full search of his bags on at least five occasions that I know about.
In 18 years, I have been in exactly two fights with Koreans, and one of those was completely my fault, as I should not have stuck my nose where it didn’t belong. However, there are the types of people that have been here for three months and already have been in several fights, had stitches, been banned from bars, and spent more than one night in jail. Instead of walking away when people try to cause trouble, some foreigners can’t seem to rest getting in the Koreans’ faces and acting like a tough guy. You are a foreigner. One way or another it will eventually catch up to you and you will lose.
So. What do you do if you insist on coming to Korea and something happens while you are here? Do you refuse to come to work? Do you waive the contract in the air and threaten to sue the school for breach of contract? No. That will get you nowhere…other than probably fired and given only two weeks to leave the country.
First, as Brendan points out in his article, A contract in Korea does not have the same meaning as a contract in most western countries. What constitutes a contract there is not what constitutes a contract here. The contents and effect of a contract there are not what the contents and effect of a contract are here. You must accept that the nature of a contrac here is different that the nature of a contract where you are from. Don’t assume that what your institute is doing is necessarily a breach of contract, and don’t assume that what you are doing is necessarily in line with the contract. In a great many cases, it turns out that regardless of what the teacher thought, it was actually the teacher and NOT the institute that was the intial breacher of the contract.
Second, most disagreements are settled out of court. Outside of a big business environment, civil suits for breach of contract and other such claims are still look down upon and as a disgrace to the parties involved. Filing a lawsuit for something as relatively small and petty as a couple thousand dollars is seen as a failure to be mature and adult enough to reach a solution to the problem. Another thing is that you almost certainly cannot aford me, my firm, or other lawyer or lawfirm in town. Basically, unless your valid claims is for AT LEAST KRW 20,000,000, you are much better off trying to resolve the matter outside of the court, over dinner and/or drinks with you institute owner, and in a highly respectful manner, showing deference to his/her position as your boss.
Thus, if you ignore the warnings not to come her, and if you don’t take the proper steps to clarify the meaing of the words in the contract and investigate your future workplace and working conditions, and if you can’t act like a mature adult and work things out own your own, don’t whine about your situation, don’t complain to the Korean workers, don’t expect your Embassy to ride to your rescue, and don’t expect me or any other lawyer (foreign or Korean) to work for free. You bear a great deal of responsibilty for your situation.
You are engaging in a risky business with a large number of shady employers and knowing that you will likley have no practical means of resolving problems in your favor. Understand that.
If you happen to be one of the few people who did everything they could to avoid problems and were truly and blindsided by the institute’s evil machinations, then look to resolve the situation peacefully and maturely. If that doesn’t work and you have a way of remaining in the country legally after you are fired or quit, then try small claims court. If you can’t invest the time in a small claims court or if you cannot easily quantify and prove the amount of damages, then take Mr. X’s advice, treat it as a learning experience and go home. Just go home.
