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Departure Support Program
Departure Support Program for illegal sojournes
-Exemption of penalty and employment support for employers-
* To ensure safety during the G20 summit and reduce illegal in Korea, the Ministry of Justice plans to launch a strong campaign to crackdown illegal workers and their employers in June. The crackdown operation will be a government-level joint operation where the Ministry of Justice, the National Police, the Ministry of Labor and other relevant agencies participate.
* In line with the crackdown campaign, the Ministry of Justice implement Departure Support Program(May 6- August 31, 4months) to provide benefits for overstayers and illegal employers who join the program while toughen regulations for those who are involuntarily apprehended. Therefore the Ministry of Justice hereby asks for your interest and support for the Departure Support Program.
- Foreigners : Exemption of fines and ban, elegibility for Korean language Test
- Employers : Exemption of penalties for illegal employment, support for hiring replacement workers (EPS eligible business only)
# Heavier administrative sanctions enforcement officers (fines, Entry Ban, Restriction on Foreigner Employment, etc.)
* Incentives for employers who cooperate in the voluntary departure of illegal employees
o The Ministry of Justice will exempt employers from penalties.
o The Ministry of Labor will help employers to hire replacement workers among Koreans and foreigners changing workplace (provided that the employment is subject to the EPS.)
* Cooperating Employers are :
1) those who accompany illegal employees and visit immigration office at a port to report illegal employment. S/He shall make sure the foreigner carries a ticket for departure and exit the country on the day of reporting.
2) visit a local immigration Office(may not accompany his illegal employee) and report illegal employment , resulting in the arrest of or voluntary departure of the reported employee. the voluntary departure must take place within a month of reporting.
o However, employees who is found ton hire illegal aliens by the authority will face fines up to 20million won (or criminal charges) and barred from hiring foreigners for up to three years.
* Incentives for illegal sojournes who exit Korea voluntary
o The Ministry of Justice will exempt illegal aliens from fines and entry ban. The Korean embassies overseas do not impose disadvantage on the foreigners when they apply for visa issuance based on the history of illegal presence in Korea.
o The Ministry of Justice provide self-deporting overstayers the eligibility to take Korean Language Examination so that those foreigners can participate in the EPS to return to Korea lawfully.
o However, illegal sojourners who are arrested by the authority will face fines, deportation and ban on re entry.
**Fines on illegal aliens will continue to be imposed after the termination of the Departure Support Program.
MINISTRY OF JUSTICE - MINISTRY OF LABOR
Request for cooperation regarding "Departure Support Program for illegal sojournes"
1. The Ministry of Justice of Republic of Korea extends its highes respect to Your Embassy for the active support and contribution to the development of relationship between Korean and your country.
2. The Ministry of Justice and the Ministry of Labor has been implementing a temporary Departure Support Program (May 6 to Aug. 31, 2010 to encourage the 180,000 illegal workers to volunteer to exit Korea.
3. We hereby ask for your support to promote more participation of illegal stayers in the program and help them understand benefits of voluntary departure: they can avoid fines and the ban on re-entry.
MAJOR CONTENTS OF DEPARTURE SUPPORT PROGRAM
- Self-deporting overstayers : Exemption of fines and entry ban (Nationals subject to the EPS MOU will be illigible for Korean Language Test)
* eligibility to re-enter Korea for foreigners who meet the visa requirements.
- Illegal stayers discovered involuntary : Fines (from June 1,2010) and entry ban will be imposed.
* Imposing fines on illegal stayers will remain effective indefinitely.
- Self-reporting employers : exemption of penalties for illegal employment and support for replacement workers (for EPS jobs)
- Employers found to have employed illegal stayers will be imposed with fines amounting to sentencing standards and restriction of foreigner employment for up to three years
INFORMATION ON FINES, ENTRY BAN AND PROCEDURE FOR THOSE DISCOVERED INVOLUNTARILY
Source: Investigation and Enforcement Division
Korea Immigration Service
1. Illegal stayers detected by immigration officers are subject to fines:
• Those who stayed illegally for less than one (1) year are exempted from fines;
• KRW 500,000 won for illegal stay of one (1) year to two (2) years (excl.);
• KRW 1 Million won for two (2) years to three (3) years (excl.);
• KRW 1.5 Million won for three (3) years to five (5) years (excl.);
• KRW 2 Million won for five (5) years or over.
There is no commutation of detention to penalties for those who are incapable of paying fines. Instead, illegal stayers will be deported after undergoing a prescribed process and will be banned re-entry for a certain period of time.
2. The period of entry ban for the deported illegal stayers:
• Three (3) years for those who paid fines before being deported;
• Five (5) years for those who failed to pay fines before being deported.
3. The detected illegal stayers will be deported following the procedures below:
1. An illegal stayer is arrested,
2. Will be investigated for illegal stay,
3. Will be detained (upon issuance of detention order),
4. Decision will be made after examination (possible decisions include imposition of fines and issuance of deportation order),
5. Will prepare for departure (issue a passport and buy tickets, etc.),
6. Will be deported.
-Exemption of penalty and employment support for employers-
* To ensure safety during the G20 summit and reduce illegal in Korea, the Ministry of Justice plans to launch a strong campaign to crackdown illegal workers and their employers in June. The crackdown operation will be a government-level joint operation where the Ministry of Justice, the National Police, the Ministry of Labor and other relevant agencies participate.
* In line with the crackdown campaign, the Ministry of Justice implement Departure Support Program(May 6- August 31, 4months) to provide benefits for overstayers and illegal employers who join the program while toughen regulations for those who are involuntarily apprehended. Therefore the Ministry of Justice hereby asks for your interest and support for the Departure Support Program.
- Foreigners : Exemption of fines and ban, elegibility for Korean language Test
- Employers : Exemption of penalties for illegal employment, support for hiring replacement workers (EPS eligible business only)
# Heavier administrative sanctions enforcement officers (fines, Entry Ban, Restriction on Foreigner Employment, etc.)
* Incentives for employers who cooperate in the voluntary departure of illegal employees
o The Ministry of Justice will exempt employers from penalties.
o The Ministry of Labor will help employers to hire replacement workers among Koreans and foreigners changing workplace (provided that the employment is subject to the EPS.)
* Cooperating Employers are :
1) those who accompany illegal employees and visit immigration office at a port to report illegal employment. S/He shall make sure the foreigner carries a ticket for departure and exit the country on the day of reporting.
2) visit a local immigration Office(may not accompany his illegal employee) and report illegal employment , resulting in the arrest of or voluntary departure of the reported employee. the voluntary departure must take place within a month of reporting.
o However, employees who is found ton hire illegal aliens by the authority will face fines up to 20million won (or criminal charges) and barred from hiring foreigners for up to three years.
* Incentives for illegal sojournes who exit Korea voluntary
o The Ministry of Justice will exempt illegal aliens from fines and entry ban. The Korean embassies overseas do not impose disadvantage on the foreigners when they apply for visa issuance based on the history of illegal presence in Korea.
o The Ministry of Justice provide self-deporting overstayers the eligibility to take Korean Language Examination so that those foreigners can participate in the EPS to return to Korea lawfully.
o However, illegal sojourners who are arrested by the authority will face fines, deportation and ban on re entry.
**Fines on illegal aliens will continue to be imposed after the termination of the Departure Support Program.
MINISTRY OF JUSTICE - MINISTRY OF LABOR
Request for cooperation regarding "Departure Support Program for illegal sojournes"
1. The Ministry of Justice of Republic of Korea extends its highes respect to Your Embassy for the active support and contribution to the development of relationship between Korean and your country.
2. The Ministry of Justice and the Ministry of Labor has been implementing a temporary Departure Support Program (May 6 to Aug. 31, 2010 to encourage the 180,000 illegal workers to volunteer to exit Korea.
3. We hereby ask for your support to promote more participation of illegal stayers in the program and help them understand benefits of voluntary departure: they can avoid fines and the ban on re-entry.
MAJOR CONTENTS OF DEPARTURE SUPPORT PROGRAM
- Self-deporting overstayers : Exemption of fines and entry ban (Nationals subject to the EPS MOU will be illigible for Korean Language Test)
* eligibility to re-enter Korea for foreigners who meet the visa requirements.
- Illegal stayers discovered involuntary : Fines (from June 1,2010) and entry ban will be imposed.
* Imposing fines on illegal stayers will remain effective indefinitely.
- Self-reporting employers : exemption of penalties for illegal employment and support for replacement workers (for EPS jobs)
- Employers found to have employed illegal stayers will be imposed with fines amounting to sentencing standards and restriction of foreigner employment for up to three years
INFORMATION ON FINES, ENTRY BAN AND PROCEDURE FOR THOSE DISCOVERED INVOLUNTARILY
Source: Investigation and Enforcement Division
Korea Immigration Service
1. Illegal stayers detected by immigration officers are subject to fines:
• Those who stayed illegally for less than one (1) year are exempted from fines;
• KRW 500,000 won for illegal stay of one (1) year to two (2) years (excl.);
• KRW 1 Million won for two (2) years to three (3) years (excl.);
• KRW 1.5 Million won for three (3) years to five (5) years (excl.);
• KRW 2 Million won for five (5) years or over.
There is no commutation of detention to penalties for those who are incapable of paying fines. Instead, illegal stayers will be deported after undergoing a prescribed process and will be banned re-entry for a certain period of time.
2. The period of entry ban for the deported illegal stayers:
• Three (3) years for those who paid fines before being deported;
• Five (5) years for those who failed to pay fines before being deported.
3. The detected illegal stayers will be deported following the procedures below:
1. An illegal stayer is arrested,
2. Will be investigated for illegal stay,
3. Will be detained (upon issuance of detention order),
4. Decision will be made after examination (possible decisions include imposition of fines and issuance of deportation order),
5. Will prepare for departure (issue a passport and buy tickets, etc.),
6. Will be deported.
CONSTITUTION AND BY-LAWS
PREAMBLE
We, the members of the FILIPINO MIGRANT WORKERS' ASSOCIATION IN KUMI establish this
Constitution and By-Laws to govern the matters within our organization.
ARTICLE 1: NAME AND PURPOSE
Section 1. NAME. The name of this organization shall be " FILIPINO MIGRANT WORKERS'
ASSOCIATION IN KUMI ". It shall also be known as FIMWAK.
Section 2. AFFILIATION.This organization is recognized by the Catholic Migrant Workers'
Center in Gumi. It shall be guided by the rules of the center and shall benefit
from the services it offers.
Section 3.PURPOSE. The purpose of this organization shall be
a. to promote solidarity, peace and unity among Filipino migrant workers, Korean people
and other nationalities working in the community through socio-cultural activities and
b. to uphold and protect the rights of Filipino Migrant Workers in Korea.
ARTICLE 2: MEMBERSHIP
Section 1. ELIGIBILITY.Membership shall be open to all FILIPINO Migrant Workers in Gumi
City and nearby areas with either legal or non-legal status upon payment of the dues
outlined in Section 5. A candidate must be of good standing in the work place and in the
community where he/she lives.
Section 2. DUTIES.
a. Attendance in general Assembly
b. Participation/Involvement in organization activities
c. Awareness and Promotion of the existing policies of the center and the organization
Section 3. BENEFITS/PRIVILIGES.Every member of the organization shall have the following
benefits/privileges:
Offered by Gumi Catholic Migrant Workers' Center:
a. Sunday Mass Service
b. Educational Services (Korean Language Education, Korean Labor Law Classes, Asian
Cultural Studies, and Computer Classes).
c. Medical Services ( Physical Check-up and Dental Services)
d. Human Rights Protection and Counseling
e. International Marriage Family Support
f. Promotion and Cultural Events
Offered by FIMWAK:
a. Financial Assistance (from the OFFERTORY COLLECTION) on Special Cases as decided
by the officers of the organization and the Gumi Catholic Migrant Workers' Center.
b. Refund of Membership Fee: A member with non legal status who decides to leave Korea
or will be sent back to Philippines in undue time shall recieve fifty percent(50%) of his/her
total amount of monthly dueswhile those of legal status who end contract and decide to
leave Korea for good shall recieve eighty percent(80%) of his/her total amount of monthly dues.
Section 4. DUES. A member must pay the REGISTRATION FEE of fifteen thousand won (15,000 won)
and the MONTHLY DUES of three thousand won (3,000 won). The registration fee and monthly
dues are subject to change. These FIMWAK dues are separated from the OFFERTORY
COLLECTION during the Sunday Mass.
Section 5. TERMINATION of MEMBERSHIP. The organization has the right to remove or terminate
a member in any of the following conditions:
a. A member who uses the name of the organization to collect funds/ donations without the
permission or knowledge of the body
b. A memeber who un-officially represents the organization in private/public meetings or
transactions
c. A member who has ended his/her work contract and decided to return to the Philippines
or has been sent back to the Philippines for good
d. A member who is found to be involved in any irregular activities detrimental to the organization
e. A member who disrespects the Constitution and By Laws of this organization.
* A member who is terminated due to illegal activities may not be able to refund the membership
fee as subjected to the decision of the officers of the organization.
Section 6. The organization and its members shall not discriminate based on race, national origin,
color, religion, gender, veteran status, sexual orientation, and/or ability status.
ARTICLE 3: OFFICERS
Section 1. The officers of this organization shall consist of President, Vice-President, Secretary,
Treasurer and two (2) Auditors.
Section 2. ELIGIBILITY.An officer must be a responsible Filipino Migrant Worker with either legal
on non-legal status. of legal age with good standing in the community or in the workplace,
single or married to a Filipino or to other nationalities.
In the case of the two top positions, the organization must have a President with legal status
and a Vice-President with non-legal status or vice versa.
.
Section 3. Duties.
President: It shall be the duty of the President to:
a. call and preside at meetings
b. vote in case of a tie
c. represent the club
d. appoint committee chairpersons subject to the approval of the other officers
e. facilitate in the religious and cultural affairs of the organization
f. perform such other duties as ordinarily pertain to this office
Vice-President: It shall be the duty of the Vice-President to:
a. preside in the absence of the President
b. perform the same functions of the President in his absence
Secretary: It shall be the duty of the Secretary to:
a. record the minutes of the meetings
b. keep a file of the club's records
c. maintain a current roster of membership
d. issue notices of meetings and conduct the general correspondence of the club
e. serve as a facilitator on the Sunday Mass Service of the Center as directed
Treasurer: It shall be the duty of the Treasurer to:
a. recieve all funds and process request of payment, deposit slip, and officer signature forms
b. keep an itemized account of all reciepts and expenditures and make reports as directed
c. keep bank account/funds of the organization
d. help the secretary in facilitating the Sunday Mass Service of the Center as directed
Auditors: It shall be the duty of the Auditors to:
a. check and balance the accounts of the organization
b. assist the treasurer in keeping the bank accounts/funds of the organization
Section 4. TERMS of OFFICE shall be two (2) years for each officer.
Section 5. SPECIAL BENEFIT. The Officers will not pay the monthly dues and the registration
fee of the organization but shall avail of the refund of the monthly dues given to the regular
members.
Section 6. REMOVAL FROM OFFICE. An officer shall be removed from office under the following
conditions:
a. Absence from 3 consecutive regular meetings without notice
b. Proven guilty of illegal activities
c. Violation of the Constitution and By-Laws
d. Neglect of duty
An officer who is terminated from office due to the above conditions may not recieve the
Special Benefit indicated in Section 5.
ARTICLE 4: ADVISORS
Section 1. Our organization advisors shall be the Director of the Gumi Catholic Migrant Workers'
Center and the former President of the organization who is in good standing after his term.
Section 2. DUTIES. The duties of the advisors shall be to:
a. maintain an awareness of the activities and programs sponsored by the organization
b. meet on a regular basis with the leaders of the organization to discuss upcoming meetings,
long range plans, goals and problems of the organization
c. attend regular meetings as often as schedule allows
d. assist in the orientation of new officers
e. assist the treasurer in monitoring expenditures, fundraising activities, and corporate
sponsorship to maintain an accurate and up-to-date account ledger
f. inform members of those factors that constitute unacceptable behavior on the part of the
members and the possible consequence of said behaviors.
ARTICLE 5: ELECTIONS
Section 1. Election of officers shall be held every last meeting of the final term of the officers.
Section 2. The officers shall be elected by secret ballot.
Section 3. PROVISIONS for FILLING VACANCIES.If a vacancy occurs in the office of the
President, the Vice-President shall assume the office for the remainder of the term and
vacancies in any other officeshall be filled by a special election.
ARTICLE 6: MEETINGS
Section 1. Regular meetings of the Officers shall be held every first sunday of the month.
Section 2. General Assembly shall be held yearly or as decided by the Officers.
Section 3. Special Meetings may be called by the President with the approval of the other Officers.
Section 4. A quorum shall consist of 2/3 voting members present at any meeting
ARTICLE 7: COMMITTEES
Section 1. A committee shall be formed by the officers as the need arises.
ARTICLE 8: FUNDS
Section 1. Membership Fund
Section 2. Offertory Fund
ARTICLE 9: AMENDMENTS
Section 1. This Constitution and By-Laws may be amended by a vote of 2/3 majority of the membership
at any regular meeting or special meeting.
Section 2. Provision of advance notice of amendment shall be announced in the regular meeting.
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