Objectivism Korea
Nature, to be commanded, must be obeyed.On Government (Landes)
The Concept of Government
Landes defines government as “the institutional organization of political power within a given territory” (Landes 8). It holds the monopoly on the legitimate use of force in its territory. Government controls and regulates societal conflict that arises between individuals and groups. According to Dahl and Landes, such conflict is primarily the result of a scarcity of resources, and secondarily social diversity, language, race, and gender differences.
‘Government’ includes physical elements such as government buildings (e.g. the White House), personnel (e.g. cabinet officers, civil servants), as well as governmental processes (e.g. an election). An example of a government is the American Government, which includes the entire government institution in America (federal, state, municipal), its buildings, personnel, and processes.
Implicit to Landes’ definition of government, unfortunately, is the understanding that the scarcity and desireability of resources somehow necessitates their distribution. The first such resource he lists is wealth. By failing to define the value of, and entitlement to resources as directly related to the extent to which, and by whom they are developed, I’m certain Landes will go on to list the usual gamut of government interferences as legitimate functions.
The Features of Government
Landes describes government as ubiquitous, multiple, necessary, varied, democratized, and globalized.
1. Government is ubiquitous. Geographically, most of the earth is divided into governmental units (nation-states). Practically, most areas of our lives also fall under government domain. “The taxes we pay, the conditions of our workplaces, the nature of the products we buy, our medical treatment, the procedures of birth, marriage, and death are all regulated by government” (Landes, 7).
2. Government is multiple. Contrary to the popular view of government as a cohesive organization, it is actually a plural phenomenon. This refers to the various levels of government (federal, provincial / state, municipal) and further, the multiple units at each level. In this respect, it is more accurate to state that a Canadian citizen is under the domain of governments, not a government. This becomes significant when we observe that “different governmental levels and units with varying goals rarely act with unanimity in the making of public policy” (9).
3. Government is necessary, as the institutional means of controlling and regulating conflict within society. Here Landes again states that the scarcity of resources leads to conflict, and that “given the scarcity of resources and the ensuing conflict over their distribution, government becomes the means for resolving …conflicts…[and decides] which groups, regions, or individuals receive the benefit of government, and which sectors of society bear the costs of these allocative decisions” (10). He goes on to describe what he calls the “creative mechanisms” of government: the promotion of educational opportunity (financial aid, training programs), etc. Government is utilized as a regulator of conflict and a ‘creator of values.’
“The ubiquitous and multiple nature of government stems, in part, from its attempt to regulate an ever-increasing number of policy areas in an ever-expanding political sphere” (11).
I contend that government is necessary solely because the individual rights of citizens need to be protected. When the government begins making ‘allocative decisions’ (especially with regard to wealth), it is clearly violating its citizens’ rights.
4. Government is varied. Numerous types of governmental structures have been devised to carry out its regulative and ‘creative’ functions. There are numerous ways (typologies) of classifying these governmental types. Here are a few that are particularly relevant to comparisons between the Canadian, American, and British governments:
- Governmental Types (i.e. autocratic, republican, and totalitarian)
- Federal vs. Unitary Systems (i.e. how power is divided within the government itself)
- Presidential vs. Parliamentary Systems
5. Government is democratized. Increasingly, governments the world over are, or are in the process of becoming, democratized. Liberal democracy is now recognized globally as the most ‘legimate’ political system, demonstrated by the fact that even “non-democratic states…which have no intention of becoming liberal-democracies, adopt democratic reforms, such as elections, to increase their legitimacy” (19).
6. Government is globalized. Landes defines globalization as “the interdependence of political units, such as nation-states, in terms of their economies, their societies, and their political practices” (19). As countries become increasingly democratized and industrialized, international bodies such as the United Nations, World Trade Organization (WTO, and the International Monetary Fund (IMF) are being endowed with greater political authority. In some respects, governments are losing power (or delegating decision-making functions, depending on how you look at it) to these organizations.
Landes’ Two Functions of Government
Landes suggests that a government has two main functions: to control and regulate societal conflict (attributable to a scarcity of resources), and solving important social problems by means of particular policies; that is, programs of action.
Conflict in Society
As mentioned earlier, Landes attributes societal conflict primarily to what he calls “a fundamental fact of life: scarcity” (9). He paints the picture of a community in which there are is a limited amount of wealth, natural resources, and status. Groups in society, divided by race, language, income levels, region, and religious differences all vie for these ’scarce’ resources.
“Given the scarcity of resources and the ensuing conflict over their distribution, government becomes the means for resolving these conflicts by certain agreed-upon rules of political process” (10).
He goes on to describe how all governments mediate over scarce resources and foster social harmony. Certain agreed-upon and binding rules are established for conflict mediation, and for determining the ‘proper’ distribution of resources among groups. Further, in its ‘purposive’ role, the government institutes programs to promote health and welfare, “alleviate the negative economic results of a capitalistic system” (10), equalize educational opportunity, and create a sense of national unity.
Government: Less vs. More
Landes’ treatment of politics is largely empirical, which keeps him from revealing his own opinion regarding a proper function of government. However, I remain skeptical given his description of societal conflict and how it gives rise to the necessity for resource distribution.
Regarding the ‘creative’ side of government, Landes words carefully. For example:
- government can be creative, or at least attempt to be;
- [government] wants to achieve certain goals;
- governments seek to be creative mechanisms;
- and governments attempt to “alleviate the negative economic results of a capitalistic system.”
He also notes that the creative side of government especially leads to political conflict, due to value differences between groups.
However, again, Landes treatment of conflict, as well as his apparent agreement that a capitalistic system has negative economic results, leads me to believe that on the limited vs. intrusive government spectrum, he would fall much closer to the latter.
Personally, of course, I believe wholeheartedly that a government limited to protecting the rights of its citizens, from domestic and international force, is the only legitimate form of government possible. As Landes himself suggests, the distribution of resources and ‘active’ social programs necessitates the confiscation of resources from a sector of society. To do this, government uses force, or the threat of it, against its own citizens. I disagree completely with any sort of ‘creative’ function of government as Landes defines it.
Landes and Dahl on Politics
Landes’ Definition of Politics
Ronald Landes defines politics as the “exercise of power and influence on matters that affect the community.” He makes the point that politics is not society itself, but a social process that certainly pervades nearly every facet of our lives.
Landes’ definition excludes the ‘internal’ politics of human associations in general (i.e. families, unions, etc.), and confines itself to politics on a community level.
Landes also maintains that “the political system can be distinguished from other social systems.” This is in contrast, for example, to political economists who blur the line between political and economic systems.
On the Importance of Politics
Since politics is so pervasive in our lives, it should be important to us. Taking an interest in the institutions and processes that affect our lives has obvious benefits. Robert Dahl makes the point that while most people are interested in little outside ‘primary activities’ (food, sex, love, family, etc.), this is largely because they don’t realize the extent to which politics affects their daily activities, including these primary ones.
“As with birth itself, initial membership in a political system gives one little freedom of choice – it is a nonvoluntary option. We are automatically members of a political system at birth and are subject to the consequences of such membership throughout our lives. If government is ubiquitous, then politics is more so, for government constitutes only a portion of the broader process of politics.” (Landes, TCP, p20)
Society or the Social System
As mentioned, both Dahl and Landes differentiate between ’society’ and ‘politics.’ Society, necessarily the more encompassing of the two, is described generally as activity between indivduals or groups, and more specifically as “a system of human interaction involving two or more persons, in which each person takes into account how others will likely act.” I’m not entirely sure how the italicized portion is integral to this definition, however.
The Relation of Politics to Society
Having stated that politics is only one part of society, Landes goes on to define precisely which part. Consider the following definition,
“Politics is the exercise of power and influence concerning the establishment, maintenance, and breakdown of order in the community.” (Landes, 22)
The bolded terms are not arbitrary – they have very specific definitions that Landes lays out further on. An important element of this definition is its restrictive nature – according to Landes, politics occurs on the community level (i.e. he isn’t concerned with the inner ‘politics’ of companies or unions, etc.).
Dahl’s definition proper isn’t as limited, but from what I gather he also restricts his application of politics in a manner similar to Landes.
Landes Differentiation Between Politics and Government
While politics is the exercise of power and influence with regard to order in the community, government is the “instutional organization of political power within a given territory” (Landes, 8). Here are some more points concerning the concept of government:
- gov’t is the final arbiter (for making rules in a society)
- “Successfully upholds a claim to the exclusive regulation of the legitimate use of physical force…within a given territorial area” (Dahl, 10)
- gov’t is a subset of politics
Conservatism’s Perpective on the Role of Government
Landes cites the late Michael Oakeshott’s writings (London School of Economics) as a classic example of the conservative view of politics. Oakeshott defined conservatism as,
“A propensity to use and enjoy what is available rather than to wish for or to look for something else; to delight in what is present rather than what was or what may be”.
Oakeshott believed that principles of governance should be based on a people’s “tradition and accumulated experience,” and viewed anything less or more as mere ‘rationalist thought’, grounded in preconceived notions.
Conservatism is based on the implicit notion that people are imperfect, and further, imperfectible. This idea becomes extended to society in general, and necessarily to government and politics. Oakeshott offers us this metaphor as a description of how a conservative approaches the role of government and social change:
In political activity…men sail a boundless and bottomless sea; there is neither harbour for shelter nor floor for anchorage, neither starting place nor appointed destination. The enterprise is to keep afloat on an even keel; the sea is both friend and enemy; and the seamanship consists in using the resources of a traditional manner of behaviour in order to make a friend of every hostile occasion” (Oakeshott, 1962: 127).
I think this is a ridiculous approach to politics. If Oakeshott had become disillusioned with existing political ideologies (understandable), you would expect him to call on reason for a solution. By touting ‘tradition’ as man’s only guide to governance, he implies that the only ‘right’ way to govern is the way we’ve always done it. This isn’t a theory, but a negation – a negation of our ability to think and formulate a method of governing that is consistent with reality.
Liberalism’s Perspective on the Role of Government
Classically, liberalism concerns itself with the individual’s basic human rights. Therefore, it argues for limited government, and a means of protection (i.e. a constitution) for fundamental political and civil liberties. Landes writes (in the context of a liberal perspective), “the state exists to serve and protect the individual” (Landes, 24). He introduces Bernard Crick as typifying liberal thought. Crick defines politics very simply as “the public actions of free men.”
Unfortunately, Crick, like most contemporary ‘liberals,’ concerns himself less with the individual’s rights and more with…..well, just being ‘liberal.’ He begins by stating that politics has no role in ‘basic arenas of social interaction’, but goes on to say that “the diversity of political ideologies helps to sustain political rule, while the dominance of a single political ideology results in the demise of politics.” Is he speaking of the tolerance of differing political ideologies (a given under limited government)? Or, more likely, is he suggesting that government should equally welcome and adopt consevative, liberal, and socialist principles? If so, he’s already sacrificed the rights of the individual.
He does offer a good metaphor for politics, which contrasts greatly with Oakeshott’s malevolent one.
“[Politics] rescues mankind from the morbid dilemmas in which the state is always seen as a ship threated by a hostile environment of cruel seas, and enables us, instead, to see the state as a city settled on the firm and fertile ground of mother earth. It can offer us no guarantees against storms encroaching from the sea, but it can offer us something worth defending in times of emergency and amid threats of disaster” (Crick, 1964: 140).
Socialism’s Perspective on the Role of Government
In order to understand socialism’s perspective, we look first to how it views traditional politics. Landes notes that Marx, an early proponent of socialism, saw politics up until his time as “a mechanism for the exploitation of people by people, the means by which the dominant class ruled over other classes” (Landes, 25). Socialism seeks to eliminate ‘class conflict’ by equalizing the ownership of productive forces in a community. This necessarily gives rise to a very active role for government – the equal distribution (or more precisely, redistribution) of resources.
3 Ideologies on the Desirability of Social Change
With regard to social change, conservatism defends the existing order and is generally opposed. Liberalism favours incremental change when it’s necessary. A socialist’s position on social change will depend on where he falls in the continuum between ‘pure’ and ‘democratic’ socialism. An advocate to the former seeks social change (i.e. class abolishment) by any means necessary, including violence, while a ‘democratic’ socialist desires change according to that same ideal, but through the democratic process.
An Indigenous Perpective on Major Political Ideologies
Some key elements of liberalism, conservatism, and socialism would likely be agreeable to an indigenous perspective, others disagreeable….others irrelevant altogether.
As per their traditions, aboriginal peoples generally favour decision-making on the local, even group level. In the case of large groups, decisions are come to by consensus and go from the bottom up. To them, the ‘European’ notion of government, top-down decision-making on a national level, is foreign.
As far as I can tell, aboriginal groups tend to favour socialism among the three major political ideologies, as it is closest to what they’re accustomed to. By this I mean class equality, and mob rule. I’m not sure to what degree of esteem they hold basic human rights (do aboriginal cultures traditionally recognize private property?), but I do know they take issue with any sort of governance ‘by the few.’
The aboriginal practice of group decision-making resembles direct democracy (popular government) for all intents and purposes. Therefore, social change could only come about as a result of mass consensus, as opposed to the consensus of a majority.
Feminism: A separate ideology?
Although there are liberal, conservative, and socialist variants of feminism, some feminists cite a need for a completely separate ideology. They don’t seem to know what such an ideology might be, but they claim that politics and its study, as it is now, as “a game in one simple sense for middle-aged men.” The feminist logic is as follows: existing political ideologies are concerned with those in power, the majority of those in power to date have been men, therefore they almost only pertain to men.
I offer the following humorous excerpt regarding what feminists are seeking in a new, as yet undefined ‘feminist political ideology.’
“Many feminists argue that the realm of the public should be enlarged to include more what was formerly considered private and personal. Thus, political scientists could legitimately study “sexual politics,” a “politics of the family,” and a “politics of housework.”"
I propose that from here on in, we refer to the feminist political ideology simply as ‘housework politics.’
The ‘Elite’ Perspective
Dye and Ziegler’s The Irony of Democracy opens with this quote by Harold Lasswell,
“Government is always government by the few, whether in the name of the few, the one, or the many.”
Adopting an ‘elite perspective’ means working from the assumption that societal division between elite and mass is universal. This being the case, democracy becomes ironic (hence the book title), in that “elites must govern wisely if government ‘by the people’ is to survive.”
The ‘elite perpective’ seems to negate Marx’s claim that in the last stage of history, class divisions and politics in general will cease to exist. It does, however, concur with his assessment that the primary purpose of politics is to legitimize the rule of those in power.
Regarding conservatism, I suppose the ‘elite perspective’ would contend that the idolization of ‘tradition’ is an effective method for rulers to stabilize and prolong their rule.
The ‘elite perpective’ probably clashes most with the liberal ideology, wherein the focus is supposedly the individual. While someone like Lasswell may agree that individual rights are upheld in a liberal-democratic regime, they would point out that this is only the case because the elites in power believe in the sanctity of the individual. This, as opposed to the conclusion that a government protects the rights of individuals because it is mandated to do so by its people.
Political Analysis
‘Political analysis’ differs from merely having an opinion about politics. Landes offers us a very specific definition of political analysis.
“The attempt to explain why a specific pattern of power and influence emerges, how power is gained and lost, and why certain political events occurred” (Landes, 20).
In political analysis, in other words, we try to impose a conceptual order on the political process. At the core of political analysis is the belief that all political events are explainable. Political analysis is both broader and more in-depth than a mere opinion on politics – it seeks to answer ‘why?’.
Empirical and Normative Statements of Politics
“A normative definition is concerned with what ought to be, while an empirical definition is concerned with what is. A normative statement cannot be disproved, while an empirical statement may be…A normative conception of politics develops a desired or a preferred pattern of political organization, while an empirical approach is based on existing political reality” (Landes, 22).
I believe all major political ideologies contain both normative and empirical elements. For example, socialism’s conclusions about class divisions and the use of power are statements that can either be proven or disproven by research, study, and thought, whereas the statement that all men are entitled to the same standard of living is a clear example of a normative concept (an offensive one, at that).
“South Korean presidents are elected through a democratic process” is a very simple empirical political statement, whereas “the South Korean electoral system should be reformed to allow for a broader variety of political parties” is clearly a normative statement.
The Comparative Approach
The comparative approach is useful to the study of politics. By analyzing political phenomena in several countries, we can better explain the nature of the political process. The benefits of the comparative approach are,
- it introduces us to the array of existing political systems
- we can overcome the parochialism of our own political experience
- it recognizes the increasingly complex interdependence of nations and takes into account that foreign political systems have a direct effect on a nation’s internal politics
- develops hypotheses that explain the similarities and differences among political systems
Seoul distressed by propaganda leaflets
The South Korean government appears to be struggling to halt the spreading of anti-communist leaflets for fear of worsening relations with North Korea.
“We believe the leaflets may have a negative impact on inter-Korean relations,” Kim Sung-ho, chief of the National Intelligence Service, said in a parliamentary audit on Thursday.
But, as he and other government officials admit, there is no legal basis for putting a halt to the leaflet-spreading activities…[no moral basis, either]
Does Korea’s relationship with the communist North really outweigh the freedom of speech of its own citizens?
Find the whole article at The Korea Herald site.
Korea Objectivist Club
I’m putting together an Objectivist group here in Korea. It will be a discussion group, and I’m proposing weekly Saturday meetings in Seoul with:
1. One or more people leading a discussion on some aspect of Objectivism, using Objectivist material (text, video, etc.) as background;
2. Discussions concerning international and Korean current events, culture, and politics from an Objectivist perspective;
3. Simply deriving a rational enjoyment from meeting other Objectivists here in Korea. For this purpose we can also host the occasional social event!
Above all, I envision the club’s purpose as effecting cultural change according to the advocacy of Objectivist ideas here in Korea.
The club will be committed to understanding and applying the principles of Objectivism, the philosophy founded by Ayn Rand. The club will support but not be affiliated with the Ayn Rand Institute.
The depth of understanding of Objectivism will obviously differ among members, but a commitment to the understanding and application of the principles of Objectivism will be prerequisite to continued membership. Furthermore, the principles of Objectivism as defined by the Ayn Rand Institute will serve as background for all discussions at club meetings.
The club will seek individuals already in agreement with Objectivism who wish to study it further. In other words, it will not serve as a forum for people entirely unfamiliar with, or opposed to Objectivist principles. Members will be encouraged to promote Objectivism to non-Objectivists, but the meetings themselves will be restricted to members as such.
There will be no fees to join this group. Members will share the cost of the meeting venue and any social events.
There is much work to be done, the club still being in a formative stage, including:
- Choice of an appropriate venue. I currently have my eye on a cafe in Gangnam with private rooms. The rooms are equipped with wall-mounted LCD screens to which a notebook computer can be connected – great for multimedia presentations or showing a video. The room can only accommodate a small group, however.
- Creation of a website for the club. The site should let people know what we’re about, as well as provide a medium to publish articles written by members. I’m currently working on this, but could always use help with both design and content.
- Creating an internet presence so that people in Korea with an interest in Objectivism can find us.
- Getting word out into the Korean community. I know there are small pockets of Ayn Rand fans out there…but letting them know we’re here will be a challenge so long as we’re not showing up on Daum or Naver. My Korean simply isn’t up for this task – anyone?
If you live in Korea and would be interested in being part of such a club, please contact me. Include a paragraph or two about yourself, your familiarity with Objectivism, and what (if any) time or resources you’d be willing to commit.
Dokdo: Whose property is it?
Dokdo is a small group of islets in the East Sea, between Korea and Japan – to which both countries are laying claim. At stake are Dokdo’s rich fishing stocks, gas hydrates on the adjacent seabed, and an exclusive economic zone. The Dokdo region is populated by Korean fishing communities and host to a thriving tourism industry.
Korea has had administrative control over Dokdo prior to 1905 and after 1945. Existing Japanese and Korean government documents clearly indicate early Korean sovereignty.
Japan’s Ministry of Foreign Affairs claims that the Korean occupation of Dokdo since World War II is in violation of international law. It claims as evidence the omission of Dokdo from major peace treaties between Japan and the Allied Powers.
How do we evaluate legitimate ownership when property claims conflict? First, we should agree on a definition of ‘property.’ A socialist’s estimation of ‘property,’ for example, differs radically from a capitalist’s. Similarly, the view of ‘property’ prevalent during an age of imperialism bears little resemblance to how we define that term today.
What definition should we give to ’property,’ when we no longer recognize force as a legitimate means of gain?
Ayn Rand once wrote, “Any material element or resource which, in order to become of use or value to men, requires the application of human knowledge and effort, should be private property – by the right of those who apply the knowledge and effort.” ’Property’ is that simplest but most important of notions – a man’s entitlement to the product of his work.
What is Dokdo other than a rock in the middle of the sea? As full of fish as this sea may be, it has no value until fished. Its potential as a tourist attraction is merely that – potential, until developed. Gas hydrates are useless, unless mined and processed. An investment of time and industry is prerequisite to value. Have any such investments been made in the Dokdo region by either Korea or Japan?
On the Korean side, we have a fishing and tourism industry that has, over the past sixty years, quite literally created the value by which the Dokdo region is measured today. The coasts of Ulleungdo, home to Dokdo’s fishing community, are replete with hotels, factories, apartment buildings, restaurants - all part of a substantial and long-term economic investment in the area.
Japan has also had a relationship with the region, but of a different nature. Its story begins roughly three centuries ago when Japanese citizens were banned from fishing Dokdo’s waters. Evidence tells us that Korean sovereignty over the area was recognized by the Japanese government. Japanese activity in the region was limited to occasional fishing, and a small group of squatters living alongside a tolerant Korean community.
Circumstances changed dramatically approaching the twentieth century. In 1877, Japan, equipped with an increasingly modern navy, gained full access to Korean waters through implied threats and a very one-sided treaty. By 1899, the population of Japanese squatters (mostly criminals and outcasts) on Ulleungdo had grown. In response to rising violence, a Japanese police force was dispatched. The Korean population on Ulleungdo became subjugated.
In 1905, Japan annexed Dokdo. It was incorporated into the Shimane province, as uninhabited land never before claimed by a sovereign nation (terra nullius). Around this same time, Japan gained ‘temporary’ rights to occupy key areas of Korea, in order to better wage war on Russia.
Japan eventually abandoned pretexts of diplomacy and began a formal occupation of Korea. This occupation, the vicious nature of which is known to us today, continued up to Japan’s defeat in 1945. Japanese lobbying and Allied military concerns over the looming Cold War caused Dokdo to be left out of all final peace treaty drafts. It was mentioned neither as Korean, nor Japanese territory.
Intent on expanding, Imperialist Japan brought war, looting, and all forms of subjugation across the East Sea to its neighbors. During the course of its occupation, Japan was involved with Dokdo – but certainly not invested there. Dokdo, Ulleungdo and the rest of Korea became part of Japan’s war machine - resources to be plundered, not developed.
Japan now seeks economic exclusivity to Dokdo – a property that has been developed successfully by Korea despite Japan’s plundering.
The position repeatedly taken by Korea and Japan’s major trading partners is that Dokdo is a bilateral issue. What is it about this particular dispute that has the international community so set on remaining neutral? Foreign government press releases are peppered with words like ‘fairness,’ ’sensitivity,’ and ‘objectivity’ – as if these concepts somehow precluded the possibility of coming to a rational conclusion. However, I contend that siding with truth does represent the fairest, most sensitive and objective solution. Dokdo is Korean territory.
Dokdo-Takeshima: An informative look at Korea’s territorial claim of Dokdo…
During some research, I came across a site entitled Dokdo-Takeshima.
http://www.dokdo-takeshima.com/
It presents, by far, the most comprehensive, well written, documented, and organized argument for Korea’s territorial claim of Dokdo. It contains a wealth of primary evidence, in the form of original (scanned) Korean, Japanese, and American government and military documents, as well as maps and photos. I couldn’t recommend it more strongly if you are interested in the territorial dispute over Dokdo / Takeshima / Liancourt Rocks ongoing between Japan and Korea.
In Moral Defense of Teaching Illegally in Korea 불법으로 한국에서 영어 교사의 도덕성을 옹호
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…
Koreans Demand Embargo of American Beef 한국인이 미국산 쇠고기 수요가 출항
I made the following comment at the Seoul Times site.
10,000 people protesting the lifted embargo on American beef? People have a responsiblity to be discriminating buyers – it isn’t a proper function of government to interfere with international trade! Korean citizens can make the decision not to eat American beef on an individual basis and patronize establishments that use the beef of their choice. Calling on the government for another embargo is irresponsible and lazy. People were shouting ‘Down with the dictator!’ (with reference to the new president) at this protest – does anyone else see the irony in this situation?
http://www.theseoultimes.com (can’t link to the exact article)
Negative Christian Review of Atlas Shrugged…
I’d be interested to hear how you find Ayn Rand’s philosophy evil. How can the complete absence of force in the relations between men be described as evil? That is the essence of Ms. Rand’s philosophy.
http://shakingoffsleep.blogspot.com/2007/05/book-meme-52007.html
Would you recognize Greatness?
“Pearls Before Breakfast”
A very interesting article published in the Washington Post. An experiment – Joshua Bell (world-famous classical violinist) dressed as a bum, playing his heart out in a subway station…would anyone recognize Greatness?
http://www.washingtonpost.com/wp-dyn/content/article/2007/04/04/AR2007040401721.html

