To teach English in Korea, one requires a specific employment visa issued by the South Korean government. Prerequisites for the visa are strictly enforced, and include the possession of a bachelor’s degree or higher from a university situated in a state / province in which the first language is English (a university graduate from Quebec, for example, is NOT able to obtain a visa). The process for obtaining the visa can be arduous, and that for visa extensions even more so – requiring the frequent and costly exit and re-entry of the country.

Many foreigners choose to teach English in Korea without the required employment visa – illegally.  They may have had a visa initially and are unable or unwilling to obtain a new one, or they might simply have began teaching without a visa upon their arrival as a tourist.

Other teachers have an employment visa to teach at a specific school or academy, but also teach students privately outside of school time and according to conditions arranged between them and the students or students’ parents. Among foreign teachers here, these lessons are referred to as ‘privates,’ and are also illegal.

If a foreigner is caught teaching English in either of the above situations, the penalty is usually severe. Government fines can be thousands of dollars for both ‘offending’ parties (teacher and school), as well as deportation of the teacher at his / her expense. Teachers are imprisoned until such time that they can pay the fines. 

If you were to search the Korean immigration site, as I have, you would find very vague verbiage regarding penalties and the legal rights of accused offenders. From what I gather, and according to information posted by foreigners who have been caught, investigation procedures used by the government are far from objective and impartial. Furthermore, the penalties are determined on a case-by-case basis, so offenders truly don’t know what to expect until they are handed down an arbitrary ruling by the immigration official in charge of their case.

Here are a few typical cases (with names omitted):

Case ‘A’

‘A’ possessed the appropriate employment visa to teach at a well-established academy in a large city. In order to supplement his income, he found several students looking for a qualified English tutor and proceeded to teach them in the privacy of their homes. A security guard at one of the student’s homes noticed the foreigner’s regular visits and called the toll-free number provided by the government specifically for reports of ‘illegal’ English teaching. A financial reward is given to the reporting party. As part of their investigation, immigration officials followed the foreigner for several days, finally cornering him on the subway and searching his bag. They found two English grammar books. It was evidence enough for them – he was fined and deported.

Case ‘B’

‘B’ was reported to the immigration department for teaching illegally by his disgruntled girlfriend (rumor has it that 80% of the time, this is the case). He was held for 11 months in a detention center because he was unable to come up with the outrageous fine he was charged with. The fine had been calculated according to the estimated amount of his ‘illegal’ income over the past year in Korea.

Case ‘C’

‘C’ came to Korea with an employment visa in hand. He had been sponsored by a smaller academy to teach English there for one year. Incidentally, the work conditions at the academy were awful and the academy management broke nearly all the terms in the contract they had signed (including agreed upon working hours, overtime pay, and paydates). The teacher rightfully refused to continue work, and the academy reported him to the immigration department as having broken his contract. The government was in a current ‘crackdown’ on illegal teaching, and were only too happy to fine and deport him – no questions asked, essentially. For more information on the low regard in which many Korean employers hold the sanctity of contract, read this section on contracts in the guide to teaching in Korea, published by the government of Canada.

Case ‘D’

‘D’ came to Korea as a visitor, and was offered employment at a small academy despite his not having the appropriate employment visa. He worked there for one year, and was eventually reported by the building’s security guard. His employer received a call from the immigration official responsible for that area. They arranged a private meeting that evening, and a $5000 bribe was paid by the employer, with no guarantees against future extortion.

Although no reasons are given for its shabby methods, the Korean government cites two reasons for the crackdown on illegal English teaching: to prevent Korean students and parents from being victimized by unqualified English teachers, and to eliminate the ‘education black market.’ The ‘education black market’ refers to any teaching that occurs outside of government-licensed institutions. The Korean government contends that parents spend a huge amount of money in the ‘education black market’ to give their children a competitive edge in all subjects, come exam time (which is true). The Education Ministry describes the problem as an unhealthy competition for education, in which less wealthy parents are unable to compete and rich children become better educated – in other words, capitalism. Of course, the real problem for the government in this situation is that they can’t tax private teaching…

What is wrong with these situations?

Well, the corruption of immigration officials and the inconsistency of legal administration aside, the primary problem is the core idea that someone needs to protect the Korean people from the big, bad world.This concept permeates Korean legislation. Aren’t Korean parents adults – able and qualified, and most importantly, possessed of the right to select the right tutor for their child? Supposedly not. Without the government’s protection, apparently Korean children would be taught by alcoholic, drug-addicted, child-molesting, high school dropout foreigners whose aim it is to come thousands of miles to deprive the good, albeit naive Korean citizens of their hard-earned money. Anytime a foreign teacher (among the thousands here) fits into one of the above categories, the Korean government has a field day complete with fear-mongering and ridiculously heavy media coverage and press releases. This article in the Asian Pacific Post gives you a good idea of what we see on the news during immigration ‘crackdowns.’

The ’nanny government’ in Korea doesn’t restrict itself to the policing of English teachers. Did you know that it is illegal for Korean citizens to gamble in their own casinos? That’s right – the Korean government was alarmed at the amount of money people were gambling away, so Korean casinos now check passports at the door – only foreign nationals get through. Another good example is the recent trade embargoes on American beef. During all of this micro-management that the Korean government engages in, the country continues to be rampant with gang-related crime, human trafficking (many of the prostitutes in the red-light districts are held against their will by heavy security), and corruption – legitimate government concerns.

How does this relate to you, if you’re teaching in Korea? Well, whether you engage in the occasional private lesson or are teaching in a way that is otherwise unlawful in this country – breathe a little easier. Because unless you’re misrepresenting yourself in some way, there is absolutely nothing morally wrong about teaching whomever you please, at whatever rate you choose to set.

A government’s proper function is to protect us from force and fraud, not interfere with our right to enter into a contract with other free individuals. Although there is still a need for discretion if you choose to teach illegally, and you should remain aware of the risks, being free of the emotion of guilt will alleviate your stress immensely. Teach to the best of your ability, and who knows? The Korean mindset may begin to change – the day may come when they realize that they don’t need to be babysat by their government. And if you are caught, don’t claim ignorance or pander to immigration officials – you can be proud of your work (the penalty will likely be the same).

If this makes you feel a little more free, pick up a copy of The Fountainhead – it will most certainly set you free in a meaningful way. And don’t be overly discouraged with Korea – in other ways, citizens and businesses have greater freedom than we do in our home countries…