According to the Korea Times, the issue of HIV and drug test requirements for foreign English teachers will go before the Constitutional Court:
A group of human rights lawyers plan to file a petition with the Constitutional Court against what they call discriminatory visa rules that require foreign English teachers to take an HIV and drug tests.
Chang Suh-yeon, an attorney with the Korean Public Interest Lawyers Group “Gong-Gam,” told The Korea Times Tuesday that her group will take the issue to the court this week or next.
“The visa rules violate the Constitution that guarantees a basic right to freedom, equal treatment, the pursuit of happiness and the protection of privacy,” Chang said.
“They are based on vague prejudice and bias that foreign English teachers have disordered sex lives and use drugs,” she added.
ATEK, meanwhile, is taking the visa regs to the National Human Rights Commission:
The Association for Teachers of English in Korea have contended the government should apply the same regulations to foreign English teachers as it does to Korean English teachers.
In response, the ministry says that a visa policy is a country’s own right and foreign nationals are not entitled to complain about it. “We believe the human rights agency is well aware of this fact and will take sides with us,” said Ahn Kyu-seok, a ministry official.
Read the rest on your own.
{ 28 comments… read them below or add one }
“In response, the ministry says that a visa policy is a country’s own right and foreign nationals are not entitled to complain about it. “We believe the human rights agency is well aware of this fact and will take sides with us,” said Ahn Kyu-seok, a ministry official.”
I am also sure that the Human Rights Commission is aware that it is illegal to have ex-post facto regulations as well as treating a certain group as guilty until proven innocent, as foreign English teachers are. Foreign nationals who have an interest are entitled to comment and file complaints despite what immigration thinks. Immigration however, cannot enforce discriminatory POLICIES and treat them as laws. As an English teacher, I have no problem with the extra scrutiny, but that scrutiny should be enforced across the board for ALL TEACHERS, regardless of nationality or visa status.
What exactly is a non-disordered, or ordered, sex life? Does it include double barber poles? Love motels? “Dates” with aspiring actresses? Golf trips to Cambodia?
In any event , I like the way their own lawyer furthers the stereotypes by reportedly restating them. “Many believe that my client is a deranged mass-murderer who this morning cruelly and without mercy shot/ stabbed/ bludgeoned/ 23 people on the subway in a fit of drug-fueled rage, and then savagely kicked a dog while fleeing the scene” [awkward pause].
Ridiculous.
If Mexicans tried to shove a similar case before the US Supreme Court in this manner, all of America would be saying “if you don’t like it then go back to Mexico.”
The article and the reporter do a poor job of explaining the issues. Instead everything is comflated to make it seem like “Teachers” (rather than just one teacher in question) are filing court cases to oppose criminal background checks and mandatory health exams. In reality the one professor had—if the KT article from March is to be trusted—submitted a CBC and was objecting to the HIV test. The article doesn’t say, though, what this particular case is about, what the objections are, and why it’s objectionable. Just very lazy reporting.
Nice mention of CPNeil there, too. It should go without saying—though I guess we have to say it again and again and again—that most teachers don’t oppose the idea of CBCs or health exams.
“They are based on vague prejudice and bias that foreign English teachers have disordered sex lives and use drugs,” [their own lawyer] added.
OMG. Does anyone remember the old Far Side cartoon picturing a dog in the witness chair, as his attorney (also a dog) argues to the court, “Sure, my client’s a cat chaser. Who isn’t? But a cat killer? I ask you, is that the face of a cat killer?”
Great stuff.
“If Mexicans tried to shove a similar case before the US Supreme Court in this manner, all of America would be saying “if you don’t like it then go back to Mexico.””
Not really “all of America”. Just USA.
“Ordered” means getting it the old-fashioned way from a booking club, room salon or other means. “Disordered” means picking up a hapless, innocent co-ed on the dance floor of a Hongdae club.
So this is just one teacher?
I think one English teacher or the group of English teachers have a point, especially given the weird status of F4 visa holders (is it fair that me as an American gyopo gets a free ride than my fellow American patriot?).
That said, to come at this as a “human rights” perspective just seems ridiculous given some of the real human rights abuses that took place during the Bush Administration.
And for anyone who is going to allege that Korean men are far more vicious and sexually dirty than foreigners…just remember it’s not YOUR country and you are a high-paid temporary worker. If the tables were turned in your home country, you would (and probably do) have the same leverage. What about many of the travelers from the Middle East, or even just Arab-Americans, and how they are treated when they enter the U.S.?
If only THEY were subjected to human rights abuses like H.I.V. tests.
“That said, to come at this as a “human rights” perspective just seems ridiculous given some of the real human rights abuses that took place during the Bush Administration.”
And I’m sure OTHER lawyers are working on those issues. There are enough lawyers, and judges, and judicial systems and constitutional courts (ps: Bush’s human rights abuses don’t get tried in Korean court anyway) to deal with multiple issues at once.
t_song> And Bush’s human rights “abuses” equally pale in comparison with, say Cuba, Burma, Iran…
Someone correct me if I’m wrong, but I believe this is a group of Korean lawyers acting on their own, and for free. No foreigner has hired them to do this, so they are not ‘our lawyers’.
Somehow, if a group of doped-up English teachers hijacked a KAL flight and flew it into the 63 Building, I seriously doubt the society as a whole would agonize over pouring water on the face of three Canadians.
But I suppose that’s neither here nor there…
#12 Linkd:
Someone correct me if I’m wrong, but I believe this is a group of Korean lawyers acting on their own, and for free. No foreigner has hired them to do this, so they are not ‘our lawyers’.
A Korean version of the ACLU? That’s just great.
Wow, RK, such political sensitivity. I, for one, approve of torture. Of course, torture should be an end to itself not a means for anything…
Call me medieval but it would probably do the community some good to occasionally shame an ethnic or religious group… especially if they really did carry the wrath of God with them. I’d love to say this is sarcasm but really, why not carry out a few extra-legal executions… The moderate muslim loses no sleep when a Jew’s house is rocketed… why should we give a shit if we accidentally bomb a few hospitals in Baghdad…?
torture kicks ass; fuck hippies
Can I assume you’re being sarcastic?
Didn’t say I supported torture, including waterboarding. Was just saying if a similar thing happened here, few would bat an eye if a handful of (add ethnic group HERE) had their heads dunked under water.
“Someone correct me if I’m wrong, but I believe this is a group of Korean lawyers acting on their own, and for free.
Korea’s system doesn’t require actual litigants? (i.e., an actual party in interest in a current, real adversarial dispute with another party)? Thanks for that information. Brian meanwhile says it’s the woman who earlier this year refused an HIV and/or drug test. But perhaps he was talking about ATEK’s case with the National Human Rights Commission, and not this petition to the Constitutional Court (which, client or no client, hasn’t been filed yet). So confusing!
Meanwhile, Human Rights Lawyers to Petition Constitutional Court Over E-2 Regs thread, why can’t I quit you?
“May it please the court, learned justices, milord ajosshis: my client or clients, if any, (i.e., e.g., to wit, in lieu) may be one or more low-life scumsucking drug-taking unqualified and unethical foreigners with disordered sex lives (please pardon my numerous redundancies, milords), but are such
barbariansforeigners not also “persons” within the meaning of Our language as set forth in Our laws in Our country? [awkward pause] Bad example. Moving on. “200 interweb points to Mr. Marmot for being the first to compare English teachers to 9/11 hijackers.
hahahahhahaahhahahhahahah. This thread is weird.
I am more shocked to see that the large ad displayed at the top of my screen when I loaded this page was the Youtube “Scientology Channel.” Are you getting money from cvlts now, Robert?
“Scientology” ads!? That IS sick.
What next, ads skinheads and Muslim extremists?
“high-paid temporary worker.”
Off on your wacky irrelevant way again. Not only is the salary irrelevant to whether they’re tested or not. On what planet do you consider a “graduate” being paid a salary very close to the average wage for a newly graduating korean “high paid”.
Are salaries so low in the US that you consider the average wage of an english teacher in korea to be “high paid”?
As noted above, the issue is not necessarily testing for teachers, its testing only E2.
Gyopo’s on F4 and those on other types of education visa don’t get tested.
For that matter korean teachers don’t get tested before being allowed to teach.
“But I suppose that’s neither here nor there”
What a crock of crap! So, what the hell did you say it for then?
One of the simple and stupid comments from those dorks on another website againt E-2 Visa holders was something like how dare them blow the whistle here in S. Korea because this isn’t America or whatever country someone might be from and nobody from another country should entice the Korean Ministry of Justice/Immigration to strike us down.
Well, what have you got to say now people when it is Koreans themselves (Chang Suh-yeon, an attorney with the Korean Public Interest Lawyers Group “Gong-Gam,”) questioning how we are being treated while not sitting on their asses like yourselves?
Today’s Korea Herald: Prejudice or ineptitude? Let court decide
[Please delete above, wrong link. This link is correct:]
Today’s Korea Herald: Prejudice or ineptitude? Let court decide
The Korea Herald article linked to above (BKW @27) indicates that the Constitutional Court case is being brought by the woman professor who refused one or more tests earlier this year. She is the client; thus Brian @6 was right and Link’d @12 was wrong. (No surprise there.)
And while I had some fun yesterday at the expense of one of her lawyers, who in a public statement about the case reportedly repeated and thereby perpetuated the English teacher stereotypes, in all seriousness my hat is off to the professor and her attorneys, and I wish them success in their case.
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