What are my options? Need help, just walked into a nightmare job...

Hangook is wrong about the Letter of Release.  There are instances where the MOEL can issue a letter of release and override the employer when the employer is not honouring the terms of the contract.  You may not need to wait out a year.  And as, Hangook indicated in a thread sometime earlier in the year, he doesn't understand the difference between an ARC an an E2.  He was going on about how it would be illegal for new teachers to do the EPIK orientation because they wouldn't have an ARC yet.  A couple of teachers that had been in the country for about a month had to explain to the decade plus teacher that the ARC was not an E2 visa.  And that is another reason to ignore him here.  You need to find out how your bosses' delay in getting you the ARC affects going to the MOEL.  Have they properly registered you? If not, what does that mean to your status here? 
Also, obviously you can't just hop over to China and start working there for a myriad of reasons. 

So, figure out your status first.  Call the Seoul Global Center as has been mentioned.  They are helpful with getting info. And keep us posted.  So many people come on when they have problems, take advice and then never pay it back to the community by sharing what they learned.  Other than Hankook, the other respondents are trying to be helpful. 

If he does not get a letter of release, then he will have to let the visa run it's course for a year.  He will have to go home and wait out his visa then re apply.  The Seoul Global Center is not a law firm.  They can give him the same general advice as we are.  The OP can ask immigration if they will make an exception.  Give it a try.  They usually will not. But most likely, the company will not give a letter of release.  He must leave within two weeks once the visa is cancelled I believe.  Maybe the company can be "bribed" to give one out?  But is it worth it to that and give them the satisfaction?  So, go home for 11 or 12 months and wait it out or go to China and get a teaching job for a year.  Then, after that, if he wishes to come back, he can reapply to Korea as the visa and work period will have expired. 

Anyways OP, ask immigration if they can make an exception to the rule.  A few folks (tiny minority) have.  But, most have to wait till their visa expires.  Plenty of users have testified to these things.  So, you will go home and wait the year out and then re apply.  (Or go teach in another country to make some money for a year, then you can re apply to Korea if your heart is set on it.)       

If he does not get a letter of release, then he will have to let the visa run it's course for a year.  He will have to go home and wait out his visa then re apply.  The Seoul Global Center is not a law firm.  They can give him the same general advice as we are.  The OP can ask immigration if they will make an exception.  Give it a try.  They usually will not. But most likely, the company will not give a letter of release.  He must leave within two weeks once the visa is cancelled I believe.  Maybe the company can be "bribed" to give one out?  But is it worth it to that and give them the satisfaction?  So, go home for 11 or 12 months and wait it out or go to China and get a teaching job for a year.  Then, after that, if he wishes to come back, he can reapply to Korea as the visa and work period will have expired. 


I am not sure what is so selfish about giving real advice.  You have been here longer than me and you know how Korea also works.  So, you should know better.  I am unsure why there is this bitterness within you. 

Anyways OP, ask immigration if they can make an exception to the rule.  A few folks (tiny minority) have.  But, most have to wait till their visa expires.  Plenty of users have testified to these things.  So, you will go home and wait the year out and then re apply.  (Or go teach in another country to make some money for a year, then you can re apply to Korea if your heart is set on it.)       

Why is someone pointing out the errors in your advice considered "bitterness"?  You have to learn to take criticisms less personally.  Yes, I have been here longer and clearly know more.  I agree.  It is not immigration that provides a Letter of Release.  Did you even read what I wrote?  Do you even know the difference between immigration and the MOEL?  Stop giving advice if you don't know what you're talking about.  It's selfish and unfair to the OP.  Stop muddying the waters here.  The Seoul Global Center is more than qualified to let the OP know if he is eligible to avail himself of the services of the MOEL.  The MOEL can decide to grant someone a LOR that they can use to get out of the current job and find a new position.  Do that OP and I will steer clear of here as HAngook, despite having no helpful tips and being confused about who can do what, just wants to bicker.  I don't want to encourage him to hijack this thread.  Good luck. 

I have a meeting with my boss's assistant on Monday.  Basically here is the update.  On friday we got in a verbal spat because she shouted at me in the morning and I said to her "that is rude, you can ask me nicely and say please if you want me to do something" and she went nuts.  She told me my attitude is unacceptable and that we need to have a meeting.  I agreed we need to have a meeting.  Then after that she sent me a text message while at work saying she wanted to meet during one of my 5 minute breaks...I told her no it's not possible because I have to go to the next class and prepare for the lesson which is true...there was literally no time.  Then she sent me another nasty text message saying it is clear I don't want to talk to her and that I should give her my letter of resignation if I don't want to work at the school.  After work I went to her office and asked to meet but she said she was busy and that we will meet on Monday.

So on Monday I am not sure what to do.  I think I am going to try and make a deal with her to get the LOR.  Im not sure what that will entail but if she wants me gone anyway then maybe there is a way.  The one advantage I have going for me is my work ethic has been outstanding since I started.  No one there can say I haven't worked above and beyond.  So I don't see how she could fire me when I have literally worked my soul away in only one month.

Any ideas for the meeting on Monday let me know.  All the best.

"An employer should have a justifiable reason to dismiss a worker."
https://www.koreanlaborlaw.com/basic-legal-requirements-for-dismissal-in-korea/

"Korean labor law defines normal working hours as 40 hours per week and 8 hours per day. (Article 50 of the Labor Standards Act). Therefore, Korean overtime is the time spent on work beyond 8 hours a day or 40 hours a week.... As long as an employer and an employee has an agreement, overtime is possible for up to 12 hours per week."
https://www.koreanlaborlaw.com/overtime-under-the-korean-labor-law/

So you can be required to work between 40 and 52 hours per week (depends on what your contract says). They can't legally terminate you for refusing to work more. I'd think twice about providing them with a letter of resignation. If you voluntarily quit then they don't have the burden of justifying a termination. In a labor board case, whether you quit or were fired could matter a lot.

Why is someone pointing out the errors in your advice considered "bitterness"?  You have to learn to take criticisms less personally.  Yes, I have been here longer and clearly know more.  I agree.  It is not immigration that provides a Letter of Release.  Did you even read what I wrote?  Do you even know the difference between immigration and the MOEL?  Stop giving advice if you don't know what you're talking about.  It's selfish and unfair to the OP.  Stop muddying the waters here.  The Seoul Global Center is more than qualified to let the OP know if he is eligible to avail himself of the services of the MOEL.  The MOEL can decide to grant someone a LOR that they can use to get out of the current job and find a new position.  Do that OP and I will steer clear of here as HAngook, despite having no helpful tips and being confused about who can do what, just wants to bicker.  I don't want to encourage him to hijack this thread.  Good luck. 

If he quits his job he usually doesn't get a letter of release.  Sometimes immigration may give an exception.  It doesn't hurt to ask.  But normally you have to wait until your one year visa is expired.  If he wants to sit at home waiting for the year, he may do so.  If he doesn't, then he can apply to China in the meantime and come back later.  (I don't believe Vietnam has opened?) 

In spite of your obsession with me, the Seoul Global body just gives an opinion on things like we do.  They are not immigration and can't force them to change rules or bend them.  And it is OnNut who likes to bicker if you dare ever say anything critical of Korea or ever point out an alternative or suggest a different course of action (even when you didn't ask for his opinion, which is NUTS). 

I hope it works out for you OP, I really do.  If it doesn't and immi won't give you a D10 because you quit (which is normally the law and this global center staffed by volunteers has no control over that), then take the plan B I suggested, come back later, and live to fight another day. 

"An employer should have a justifiable reason to dismiss a worker."
https://www.koreanlaborlaw.com/basic-legal-requirements-for-dismissal-in-korea/

"Korean labor law defines normal working hours as 40 hours per week and 8 hours per day. (Article 50 of the Labor Standards Act). Therefore, Korean overtime is the time spent on work beyond 8 hours a day or 40 hours a week.... As long as an employer and an employee has an agreement, overtime is possible for up to 12 hours per week."
https://www.koreanlaborlaw.com/overtime-under-the-korean-labor-law/

So you can be required to work between 40 and 52 hours per week (depends on what your contract says). They can't legally terminate you for refusing to work more. I'd think twice about providing them with a letter of resignation. If you voluntarily quit then they don't have the burden of justifying a termination. In a labor board case, whether you quit or were fired could matter a lot.

They can fire a person for "other reasons" if they don't like him.  Even in Canadian jobs this can happen.  Some places are just bad work places.