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[HOAM Foreign Law Column] Letter of Release (LOR): How to Transfer Without Being Trapped

Strategies for switching schools and obtaining your LOR or a waiver.

[HOAM Foreign Law Column] Letter of Release (LOR): How to Transfer Without Being Trapped
Table of Contents

For many foreign instructors on E-2 visas, the 'Letter of Release' (LOR) is often seen as the only key to professional freedom. If you want to transfer to another hagwon before your current contract ends, you generally need your current employer's consent. This power dynamic is frequently abused by owners to 'trap' instructors in unfavorable conditions. Understanding your legal rights regarding visa transfers is essential.

1. What is an LOR?

A Letter of Release is a formal document where your current employer agrees to terminate the employment relationship and allows you to seek work elsewhere without cancelling your current E-2 visa immediately. Without this, you generally cannot start working at a new school until your current contract officially expires.

2. Is an Employer Obligated to Give an LOR?

Legally, no. An employer is not required by law to issue an LOR just because an instructor wants to leave. However, they CANNOT withhold an LOR as a form of retaliation if they are the ones who breached the contract (e.g., unpaid wages, late insurance payments).

3. Transferring WITHOUT an LOR

You can transfer your visa to a new employer without an LOR in the following specific cases:

  • Employer Breach: If your hagwon has failed to pay wages for more than 2 months or has violated other core LSA rules.
  • Closure of Business: If the hagwon closes down or goes bankrupt.
  • Mutual Agreement: If you can negotiate a clean break.
  • Contract Expiration: You never need an LOR once your contract has naturally ended.

4. The 'D-10' Bridge Strategy

If you are in a toxic environment but the employer refuses an LOR, you may consider switching to a D-10 Seeking Employment Visa. This requires leaving your current job, but it allows you to stay in Korea for up to 6 months to find a new employer. Note: Switching to D-10 usually requires the employer to report your termination to Immigration first.

5. Why Hoam Law Firm?

Landlords/Owners use the LOR as a psychological weapon. Hoam Law Firm specializes in auditing hagwon compliance. If we find even minor legal violations (such as improper insurance enrollment or unpaid prep time), we use this leverage to secure your LOR or assist you in filing for a waiver through the Ministry of Employment and Labor. We ensure your transition to a better workplace is legally smooth and your visa remains secure.

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