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Basic Korean Law for Married Migrants Seminar

Date Posted: Sunday, April 12, 2015

 

Hwaseong City, South Korea –  The Baran Emmaus Community conducted a seminar on the Basic Korean Law for Married Migrants with guest of honor and speaker Attorney Yae Jin Kim, from the Emmaus Migrants’ Legal Counseling Center on April 12, 2015 at 10:30 to 12 noon.

The attendees were very attentive and the Question and Answer portion was very lively. However, not all questions were answered because of the sensitivity and confidentiality of the raised questions. She advised anybody ti simply visit her at here office  at 67 Dongmalro, 27 Byungil, Paldalgu, Suwon City. Make sure to make a reservation at 031-257-8577. Legal Counseling if FREE.

The Korean address below for easy Map / Navigation.

변호사 김예진 (Attorney at Law –  Yae Jin Kim)
Address: 경기도 수원시 팔달구 동말로67 번길 27

Here  the topics that Atty. Yae Jin Kim imparted to the attendees:

A. Visa for Married Migrants

(1) A migrant whose spouse is Korean is qualified to have F-6 VISA.  Stay Validity with F-6 VISA  : 90 days
(2) The period can be extended up to 1 year (Application for extension : within the 90 days of the valid F-6 Visa)

B. Simple Naturalization (Becoming A Korean Citizen)

Migrants who are qualified to apply for Simple Naturalization are:

(1) A person who lives in South Korea for at least 2 years, being married to the Korean spouse;
(2) A person who lives in South Korea for at least 1 year & who has been married to the Korean spouse for 3 years

** During the Q&A, a question was raised if it is possible to apply to becoming a Korean Citizen without the husband’s approval. The speaker said that the law states that the above are the requirements. If there are other requirements from the Ministry of Justice, it could be possible but she will verify them.

C. Working Conditions

(1) Married migrants who have F-6 VISA  are allowed to work in South Korea.

(2)  Before starting to work, the employment agreement shall be written and signed by both an employer and an employee. The terms in the “Standard Employment Agreement” are usually borrowed.

(3) The Maximum term of a Labor Contract is 1 year

(4)  The Maximum Work Hours “40 hours” a Week “8 hours” a Day

(5) Work Hours may be extended up (Overtime)  to  “12 hours” a Week (by an agreement between the parties)

(6) An employer shall, in addition to the ordinary wages, pay 50 percent or more thereof for extended work, night work, or holiday work.

(7)  A Recess of Not Less than 30 Minutes (If working for 4 hours) /  A Recess of Not Less than 1 Hour (If working for 8 hours)

(8)  At least 1 paid holiday per week

(9) Wages are wages, salary and any other kind of money or valuables, regardless of their titles, which the employer pays to the worker as remuneration for work. (Act Article 2-(1)-5.)  A claim for wages under this Act shall be extinguished by prescription, unless exercised within 3 years.

(10) Minimum wage  for 2015 is 5,580 Korean Won per Hour

** In South Korea, Labor Standard Act preempts every other term in an employment agreement which does not meet the standards as prescribed by this Act.

D. Dangers in the Family

(1) Married women migrants are in danger of violence conducted by their husbands.

(2) When the violence happens, what does the woman do?

Call 112 (The Police)

Call 1366 (Emergency Women Center)

**  Calling 112 and reporting his violent behavior is critical.  Reason: the report becomes an evidence when getting divorce or seeking damages.  The violent husband can be convicted of (1) crime of violence or (2) inflicting bodily injury.

** Calling 1366, the Emergency Women Center. What EWC offers :  counseling, shelter, medical support, legal support, etc.

E. DIVORCE

E.1 Two ways of divorce

(1) Divorce by Agreement

Factors which are agreed when divorcing
– Division of Property
– Responsibility of Fostering Children
a. Decision on the custodian
b. Child support
c. Visitation right and methods thereof.

Consideration Period
– If they have a child or children : 3 months
– If they do not have a child : 1 months

(2) Judicial Divorce

Even though there is no agreement, one spouse is able to file a suit in the Family Court for judicial divorce. You may call 1366 for assistance.

Causes for Judicial Divorce
(a) Unchastity
(b) Malicious Desertion
(c) Extreme Maltreatment by the other spouse or his or her lineal ascendants
(d) Extreme Maltreatment to one spouse’s lineal ascendant by the other spouse
(e) Unknown death or life for three years
(f) Any other serious cause for making it difficult to continue the marriage

E.2 Division of Property can be made by agreement.
If (1) no agreement is made for a division
or (2) it is impossible to reach an agreement :
The Family Court shall determine the amount and method of division upon a request of the parties.
(The amount of property acquired by cooperation of both parties and other circumstances shall be considered.)

The claim for division of property shall be extinguished within 2 years from the date of divorce.

E.3 Fostering Children

If the agreement harms children’s welfare: the Family Court shall (1) order correction or (2) decide ex officio matters related to fostering.
What is considered in the decision:
(1) children’s intention
(2) children’s age
(3) each parent’s financial status
(4) other circumstances

The agreement shall include matters as follows:
1. Decision on the custodian
2. Child support
3. Visitation right and methods thereof.

If the agreement cannot or would not be made: the Family Court shall decide upon a request of the party or ex officio.
What is considered in the decision:
(1) children’s intention
(2) children’s age
(3) each parent’s financial status
(4) other circumstances

E.3.1 VISITING RIGHTS

A parent who does not take care of children and his/her children shall have the visitation right.

If it is required for the welfare of children, the Family Court may, upon a request of the party or ex officio, restrict or exclude such visitation right.

F.  CANCELLATION of KOREAN CITIZENSHIP

Naturalization is cancelled after divorce unless:
(1) One spouse is not in fault of divorce; or
(2) One spouse has the right or duty to foster his/her child after the divorce

– END OF SEMINAR



 

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