American with a possible criminal record in Korea - can I get a visa to Taiwan?

[Dazak]

I’m an American living in Korea who is currently caught up in a legal matter. I took a picture of someone at the gym because I thought they were being a bit of a vapid twat (making poses in front of the mirror in high heels while filming themselves, possibly for Instagram or TikTok). Yes, I was very rude and inconsiderate for thinking that about someone I don’t know, and by taking pictures of them, it was actually I who was the idiot AND a jerk on top of that. I shouldn’t have done what I did. Anyway, they saw me and now they’ve accused me of taking illegal photos with a camera.

In Korea, it is illegal to photograph someone without their consent, even without criminal or sexual intent, so long as the person says they feel “sexual shame” from it. Several lawyers and legal consultants have stated that the criteria for what qualifies as causing shame is NOT directly stated in the law, so it is entirely feelings-based and open to interpretation - courts have been inconsistent in previous rulings. This is a full-body photo with no criminal intent of someone doing poses in a public place in front of mirrors, but so long as she says she feels shame, it is illegal unless her feelings can be disproven. I had to pay her a settlement fee to drop the charges (common procedure in Korea for a wide variety of charges - someone accuses you and you pay a settlement for charges to be dropped because of the high conviction rate for many charges), but the prosecutor and/or courts can still choose to punish me if they wish - or they could drop the case entirely.

It could either be a suspension of prosecution (no record), or a fine. If the fine is above $3000 then that’s deportation, but I’ve been reassured by several lawyers that won’t happen. I could have trouble renewing my visa though. If a fine is issued, it will be expunged from the public Korean police check in two years (unless you check the box saying to show expunged offenses), but it will remain in internal police and immigration records.

As said, I am sincerely sorry for what I did, and for how my selfish and stupid “look at this vapid TikTok person” thoughts, not to mention by careless actions, resulted in this whole situation.

I lived in Taiwan before and would like to live there again. I have no criminal record in the US, Taiwan, or Japan, where I also lived once. When I lived in Taiwan before, I moved there from Japan and Taiwan didn’t directly ask me for any records from Japan. Of course, maybe that’s because I didn’t have a record in Japan.

Will I be able to move to Taiwan after this? Will Taiwanese authorities know about this record if its not in my home country? How about if two years pass and the fine (if one is actually issued, I don’t know) is expunged from public records? If it is known to them, am I auto-denied?

[Marco]

If it’s expunged, then it won’t show up in a check. Right?

[afterspivak]

@Dazak

Will I be able to move to Taiwan after this?

My guess is “yes” no problem.

Wonder what @yyy would say?

Guy

[afterspivak]

Additionally: I do not know what kind of line of work you do, but there seems to be a strong demand for English teachers right now, with demand exceeding supply. If you can arrange the visa (no small matter!), and handle the quarantine regulations (still in place), now’s as good a time as any to come to work in Taiwan.

Guy

[Dazak]

If the prosecution is not suspended and a fine is issued, it only gets expunged from public records after two years. It would still be in the internal records of Korean police and immigration (so if I visited Korea in the future, it would pop up in their system). There’s also the issue of having to check “Yes” on the “do you have a criminal record” question on the visa application. If I said no, wouldn’t they be able to check?

[Marco]

I think your goal, primarily, is to keep anything out of official recordkeeping. Or at least if asked, to be able to present a record with nothing on it. That will be the least-risky option.

If a record is actually expunged. Then I believe you don’t have to answer yes. I know in Canada if you have a record suspension, then you don’t have to answer yes and simply take and use the paper that shows you have no record.

Countries don’t often share info without an agreement and won’t know until an admission or finding out some other way. This is why Canadians that wait until their record is suspended to enter the US face almost no issues in entering while people who have admitted wrongdoing remain inadmissable without special permission even if the record is suspended.

I don’t think they will ask for your Korean documents, but I would keep quiet. And maybe buy a clean passport if you can. I am not a lawyer. If you need legal advice, I can guide you to someone who can give advice.

[Dazak]

I would think it wouldn’t be high, but they tried to make it a sexual offense (even though, as said, full-body photo in a public place, no sexual intent, no private areas revealed or focused on, etc.) due to her claiming shame. That’s where my concern comes from. I do actually have the photo in question (which I will NOT show to anyone except for legal purposes, as I don’t want to risk making things worse) just in case, but the charge still has me on edge.

I can’t control what the outcome is even though she dropped charges. If they want to make an example, they can still punish me regardless, albeit with “leniency” (maybe $1000 fine…) because of the dropped charges…or they could just decide it’s not worth their time and drop it altogether. It’s really tormenting me, and I’ve got to plan for the worst just in case.

[monokuro]

Ultimately though, how are they even going to find out about it?

Whenever I’ve applied for things that required a background check, I just submit my home country. I can’t be expected to go back to every country I’ve lived in in the last 10 years and ask for a report!

[jdsmith]

@Dazak

they saw me and now they’ve accused me of taking illegal photos with a camera.

I’m curious. Why did you take the picture? What was your intent?

[afterspivak]

Not the question, not the topic.

At my end, I can say I’ve been pissed enough at people to take their photos when they are doing (what I perceived to be) dumb sh&t.

It’s unfortunate the OP got caught in a web of what seem to be poorly designed South Korean laws to stop sexual harassment.

Guy

[Marco]

@monokuro

Ultimately though, how are they even going to find out about it?

Whenever I’ve applied for things that required a background check, I just submit my home country. I can’t be expected to go back to every country I’ve lived in in the last 10 years and ask for a report!

When you submit your passport to the NIA and TECO. They’re going to see where you actually lived.

I don’t know if that would trigger questions. I’ve never lived anywhere outside of Taiwan except Canada.

[jdsmith]

@afterspivak

Not the question, not the topic.

It is a question. The OP can answer it or not.

In my day, we’d watch someone doing something douchey and then just talk shit about him or her later. No need to run out and have film developed. Have the young folks externalized their memories?

[Taiwan_Luthiers]

That’s if you submit passports already with stamps on them… if you have a clean passport with no stamps, then probably not.

But Canada immigration seems rather onerous because they require a background check from every single countries that you have been to for more than 6 months ever since you turned 18. For some this could be very onerous.

But Canada also recognizes suspended offenses, whereas the US does not care. An offense stays on record forever even if expunged.

[yyy]

First, Spivvy mentioned buxiban teaching. There is a requirement for a criminal record check in the Supplementary Education Act, but this is education law, not immigration law, so whether or not you qualify for a visa/entry/ARC is a separate question. There are several threads about this issue (for buxiban teachers). Here’s the relevant text of the law. “Good conduct certificate” means criminal/police record check.

SEA Art. 9 Par. 4

短期補習班擬聘僱教職員工前，應檢具相關名冊、學經歷證件、身分證明文件影本，並應附最近三個月內核發之警察刑事紀錄證明書等基本資料，陳報直轄市、縣（市）主管教育行政機關核准，聘僱之教職員工為外國人者，於第一次申請聘僱許可時應檢附外國人原護照國開具之行為良好證明文件；直轄市、縣（市）主管教育行政機關應主動查證並得派員檢查；教職員工異動時，亦同。

Before hiring or employing any faculty or staff member, a short-term tutorial center shall submit to the competent educational authority of the appropriate special municipality, county, or county-level city basic information including the relevant name list, diplomas and certificates documenting education and professional experiences, photocopies of personal identification documents, and attach a criminal record certificate issued by the police within the last three months. If the faculty or staff member to be hired or employed is a foreign national, when initially applying for the work permit for the first time, the center shall also attach a certificate of good conduct certificate issued by the country of issuance of the foreign national’s passport. The competent educational authority of the appropriate special municipality, county, or county-level city shall take the initiative to verify the documentation and may send personnel to conduct a check. The same procedure shall apply when there is any change to a faculty or staff member.

Clearly, this is another example of everything-in-its-right-place syndrome, like the whole thing about your passport proving what your native language is.

---

As for the Immigration Act…

IA Art. 7

臺灣地區無戶籍國民有下列情形之一者，入出國及移民署應不予許可或禁止入國：

一、參加暴力或恐怖組織或其活動。

二、涉及內亂罪、外患罪重大嫌疑。

三、涉嫌重大犯罪或有犯罪習慣。

四、護照或入國許可證件係不法取得、偽造、變造或冒用。

臺灣地區無戶籍國民兼具有外國國籍，有前項各款或第十八條第一項各款規定情形之一者，入出國及移民署得不予許可或禁止入國。

第一項第三款所定重大犯罪或有犯罪習慣及前條第一項第六款所定重大經濟犯罪或重大刑事案件之認定標準，由主管機關會同法務部定之。

National Immigration Agency shall deny or prohibit a national without registered permanent residence in the Taiwan Area from entering the State if he/she falls within any of the following circumstances:

1. Has joined a violent or terrorist organization or its activities.
2. Has been strongly suspected to be involved in turmoil or foreign aggression.
3. Has been suspected to be involved in major crimes or to be habitual criminals.
4. Has used a passport or entry permit that is illegally acquired, counterfeited, or tampered with, or that belongs to another person.

National Immigration Agency shall deny or prohibit from a national entering the State if such a national has never registered his/her permanent residence at any household registry in the Taiwan Area, possesses a foreign nationality concurrently, and causes a circumstance which falls under one of the circumstances set forth in each Subparagraph of the preceding Paragraph or each Subparagraph of Paragraph 1, Article 18.

The competent authority and the Ministry of justice shall jointly enact regulations with respect to standards of establishing major crimes or habitual criminals provided by Subparagraph 3, Paragraph 1, and major economic crimes or major criminal cases provided by subparagraph 6, Paragraph 1 of the preceding Article respectively.

I’m not sure where they keep those regulations. I suspect this case would not qualify as a “major” crime, but I can’t say that with certainty.

IA Art. 18

外國人有下列情形之一者，入出國及移民署得禁止其入國：

一、未帶護照或拒不繳驗。

二、持用不法取得、偽造、變造之護照或簽證。

三、冒用護照或持用冒領之護照。

四、護照失效、應經簽證而未簽證或簽證失效。

五、申請來我國之目的作虛偽之陳述或隱瞞重要事實。

六、攜帶違禁物。

七、在我國或外國有犯罪紀錄。

八、患有足以妨害公共衛生或社會安寧之傳染病、精神疾病或其他疾病。

九、有事實足認其在我國境內無力維持生活。但依親及已有擔保之情形，不在此限。

十、持停留簽證而無回程或次一目的地之機票、船票，或未辦妥次一目的地之入國簽證。

十一、曾經被拒絕入國、限令出國或驅逐出國。

十二、曾經逾期停留、居留或非法工作。

十三、有危害我國利益、公共安全或公共秩序之虞。

十四、有妨害善良風俗之行為。

十五、有從事恐怖活動之虞。

外國政府以前項各款以外之理由，禁止我國國民進入該國者，入出國及移民署經報請主管機關會商外交部後，得以同一理由，禁止該國國民入國。

第一項第十二款之禁止入國期間，自其出國之翌日起算至少為一年，並不得逾三年。

Article 18

National Immigration Agency shall prohibit an alien from entering the State if he/she meets one of the following circumstances:

1. Does not carry his/her passport or refuses to submit it for inspection.
2. Has used an illegally acquired, counterfeited, or altered passport or visa.
3. Has used another person’s passport or a fraudulently claimed passport.
4. Has used a passport that is invalid, lacks a required visa, or a passport that bears an invalid visa.
5. Has made a false statement or hidden important facts about his/her purposes to apply for entry into the State.
6. Has carried contraband.
7. Has a criminal record in the State or foreign countries.
8. Has suffered from a contagious disease, a mental disease, or other diseases that may jeopardize public health or social peace.
9. Is believed, on the basis of sufficient factual proof, to be incapable of making a living in the State, save the circumstance that he/she seeks shelters from his/her dependent relative with registered permanent residence in the Taiwan Area and has been assured by the relative.
10. Has used a visitor visa but does not have an air ticket or a steamer ticket for a return trip or a trip to the next destination or has not secured an entry visa for the next destination.
11. Has been denied entry, ordered to leave within a certain time, or deported from the State.
12. Has overstayed his/her visit or the period of his/her residence or has worked illegally.
13. Is believed to endanger national interests, public security, public order, or the good customs of the State.
14. Hinders good social customs.
15. Is believed to engage in terrorist activities.

If a foreign government bans nationals of the State from entry pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, National Immigration Agency can use the same reasons to ban that country’s nationals from entering the State after negotiating with the Ministry of Foreign Affairs of such a ban.

The period of entry as banned under Subparagraph 12, Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than three (3) years.

Presumably, if there is no criminal record (as opposed to an administrative or civil penalty), but they still somehow found out about this incident, they could still exclude OP on the basis of Par. 1 Subpar. 14 or even Subpar. 13 (“good customs” is actually 公共秩序 i.e. “public order” which iiuc includes sex crimes).

When it comes to issuance of an ARC, they have similar criteria.

IA Art. 24

外國人依前條規定申請居留或變更居留原因，有下列情形之一者，入出國及移民署得不予許可：

一、有危害我國利益、公共安全、公共秩序之虞。

二、有從事恐怖活動之虞。

三、曾有犯罪紀錄或曾遭拒絕入國、限令出國或驅逐出國。

四、曾非法入國。

五、冒用身分或以不法取得、偽造、變造之證件申請。

六、曾經協助他人非法入出國或提供身分證件予他人持以非法入出國。

七、有事實足認其係通謀而為虛偽之結婚或收養。

八、中央衛生主管機關指定健康檢查項目不合格。

九、所持護照失效或其外國人身分不為我國承認或接受。

十、曾經逾期停留、逾期居留。

十一、曾經在我國從事與許可原因不符之活動或工作。

十二、妨害善良風俗之行為。

十三、經合法通知，無正當理由拒絕到場面談。

十四、無正當理由規避、妨礙或拒絕接受第七十條之查察。

十五、曾為居住臺灣地區設有戶籍國民其戶籍未辦妥遷出登記，或年滿十五歲之翌年一月一日起至屆滿三十六歲之年十二月三十一日止，尚未履行兵役義務之接近役齡男子或役齡男子。

十六、其他經主管機關認定公告者。

外國政府以前項各款以外之理由，不予許可我國國民在該國居留者，入出國及移民署經報請主管機關會商外交部後，得以同一理由，不予許可該國國民在我國居留。

第一項第十款及第十一款之不予許可期間，自其出國之翌日起算至少為一年，並不得逾三年。

Article 24
National Immigration Agency shall not permit an alien’s application for residence or the alien’s application for modification of reasons for residence which was submitted pursuant to the preceding Paragraph if the alien meets one of the following circumstances:

1. Is believed to endanger national interests, public safety or public order.
2. Is believed to engage in terrorist activities.
3. Has had a criminal record, or has been denied entry, ordered to leave within a certain time, or deported from the State.
4. Has ever been entering the State illegally.
5. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
6. Has assisted other people to illegally enter and/or exit the State or has provided other people with identification documents for the same purpose.
7. Is believed, on the basis of sufficient factual evidence, to have conspired with another person to have a false marriage or a false adoption.
8. Has failed to pass a medical check for items designated by the central competent health authority.
9. holds an invalid passport or his/her identification is not recognized or accepted by the State.
10. Has overstayed a visit or the period of residence.
11. Has been involved in activities or employment that is different from the purposes of his or her entry.
12. Endangers the good customs of the State.
13. Refuses to attend an interview without justifiable reasons after he/she was notified legally.
14. Avoid, obstruct or refuse an investigation executed under Article 70 without justifiable reasons.
15. Has registered his/her permanent residence in the Taiwan Area and has not completed his/her household deregistration, or being an eligible male for military services or a male who is close to being an eligible male for military services. Either the former or the latter has not performed mandatory military services for a prescribed time interval during the period between January 1 in the second year of the year when he reaches the age of fifteen (15) and December 31 in the year when he reaches the age of thirty-six (36).
16. Other circumstances recognized and promulgated by the competent authorities.

If a foreign government bans nationals of the State from entry pursuant to reasons other than those reasons set forth in the each Subparagraph of the preceding Paragraph, National Immigration Agency can use the same reasons to ban that country’s nationals from entering the State after reporting the ban to the competent authority and negotiating with the Ministry of Foreign Affairs of such a ban.

The period of entry as banned under Subparagraph 10 and Subparagraph 11 of Paragraph 1 shall be one (1) year or up from the second day of the date of an alien’s exit of his/her country and shall not be more than three (3) years.

Note that the only-one-foreign-country loophole for criminal records doesn’t exist in the Immigration Act.

[afterspivak]

@yyy

Spivvy mentioned buxiban teaching

I was thinking public system too, not just buxibans.

Guy

[yyy]

In that case, it should be noted that the requirement in the Supplementary Education Act does not apply to non-buxiban jobs, but of course a school might have its own similar requirement.

[keoni]

@jdsmith

I’m curious. Why did you take the picture? What was your intent?

I believe his/her intent was to mock the person in his/her social media.

Karma, right?

[jdsmith]

Depends. Younguns these days do the camera thing. Take a picture, move on. It’s bizarre.