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| Seoul-based model/actress Renee Simone speaks during a recent interview with The Korea Times at a studio in Gangnam District, southern Seoul. Korea Times photo by Choi Won-suk |
This is the third in a four-part series of stories on 'artist and entertainer' visa holders in Korea supported by the Korea Press Foundation. This interactive digital journalism project features articles, photography and short documentary films that expose the systematic loopholes in Korea's E-6 visa management practices that are easily used to exploit foreign artists who come to the country with hopes to be part of the nation's arts and entertainment scene.
US-born model lays bare how Korea's E-6 visa system can be abused
By Dong Sun-hwa
Seoul-based model/actress Renee Simone was spending time with her family at her home in New Jersey when she received a shocking message from her friend in Korea. According to the message, she had been accused of theft by her Korean management company.
"Unbeknownst to me, the agency reported me to the police and requested damages and fees, claiming I had stolen money from them," Simone, a successful model who was featured in many huge commercials including an ad for global tech behemoth Samsung Electronics, told The Korea Times during a recent interview at a studio in Gangnam District, southern Seoul. "I was told that I had to see the police as soon as I got back to Korea."
Her agency's decision to accuse her of something she was not guilty of was unbelievable, as she considered herself a victim of bullying instead. The distressing memories of harassment were still engraved in her mind, but Simone recalled how she took steps for legal action, contacted a lawyer and tried everything in her power to prove her innocence.
Simone settled in Korea about three years ago. She first worked as an English teacher, but soon felt she was not the right person for the job. So Simone, who loves performing, landed a new job in a dance and drama club until a Korean talent agency got hold of her via Instagram. They said they saw her dance video and were eager to sign her under the agency.
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| Model/actress Renee Simone / Korea Times photo by Choi Won-suk |
The E-6 visa is a special permit for those in the arts and culture industry, and a foreigner seeking to obtain it should be sponsored by a Korean talent agency. The E-6-1 visa, in particular, is issued to foreigners who plan to engage in profitable activities such as music, fine arts, literature, professional acting, or professional entertainment activities in accordance with the Public Performance Act. This type of visa allows foreigners to appear on TV, act in Korean dramas or movies, shoot commercials and do voice acting and modeling work. The total number of E-6 visa holders in Korea stood at 3,285 in 2021, according to Korea Immigration Service data.
"It was a bit scary at first, but the company was so eager to work with me. So I got my E-6 visa through them, but they told me there are some fees that I had to pay. Since I was new to the field, I trusted that they were telling me the truth. We went to a lawyer's office together to get a stamp on our contract and that cost about 70,000 won ($49)."
But Simone was asked later to pay extra fees for an unknown reason.
"They told me there was an additional fee of about 1 million to 1.5 million won ($1,055)," she said after a moment of hesitation. "I wanted to know the breakdown, but they said they could not give it to me and that I did not need to know about that. And later on, more foreigners entered this company and told me they had to pay 2 million to 2.5 million won. I do not understand why they are being charged that much. We are all under the same visa and we all have the same stipulations."
The visa issue, however, was only the tip of the iceberg. As a newcomer to the Korean entertainment scene, Simone expected her company to give her guidance and help her find work. But they were very far from being supportive.
"The guidance was not quite there, so I did a lot of things for myself, looking for my own work, booking my own things," she said. "For seven to eight months, I did everything by myself and just sent my list of things that I did to my company."
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| Model/actress Renee Simone is interviewed on a radio show at a studio in Mapo District, northern Seoul. Korea Times photo by Choi Won-suk |
Simone and her agency's relationship began to turn sour after she got an offer to appear on E Channel's "Topgoal Rhapsody" (2020) ― a singing competition program for foreign nationals in Korea. She was told by the broadcasting company that she could sign the contract directly and there was no legal problem in doing that. When her agency heard she was going to be on a TV show, they suddenly wanted to play a bigger role in it. Her agency told her she could not sign directly with the channel and demanded a 50 percent commission from whatever pay she gets from the show. For Simone, it was a tall order. So she chose to sign directly with E Channel, without involving her agency.
"My company was very upset when they heard this news," she said. "They called me and said, 'How dare you sign documents by yourself!'"
This was the beginning of constant verbal assault and bullying. The company would sometimes call her clients and speak ill of her, putting her in a very uncomfortable situation and forced her to stay in the office all day long when she had to look for work to make ends meet. They even asked her to give them her passport.
"Taking someone's passport is never legal, so I found a lawyer," she said. "My lawyer told me to limit communication with them. But I later got to a point where I asked them to give me a release letter and allow me to leave and work with another agency. But they said no. They said I could not leave until I pay them money for all the jobs that I have ever worked and also for the future work that I might have."
According to Korean law, Simone could not transfer to another agency unless she got a letter of release from her current agency. Or else, she had to go to court.
"If I were to go to court, I would have to change my visa status so that I would be allowed to file a lawsuit," she said. "But that means I would stay in Korea for however long it would take to go through the lawsuit, but not be able to work and make an income."
Simone decided to return to the U.S. and stay at her home for a while, so that she could put a stop to her current visa and get a new one. But during her stay, she received a message from her friend that her company reported her to the police.
Slave contract
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| Attorney Lee Ji-eun of Liberty law firm speaks during a recent interview with The Korea Times in her office in Seoul. Korea Times photo by Choi Won-suk |
Thanks to help from Attorney Lee Ji-eun of Liberty law firm, who has been in charge of multiple human rights violation cases involving foreign artists, Simone could prove her innocence and find a new agency.
"The sponsoring entity of an E6 visa needs to be a proper, well-functioning talent agency because otherwise, a foreign entertainer could be tied to what's essentially a slave contract," Lee, who provides free legal advice to foreign nationals in Seoul at the Global Center, told The Korea Times in a recent interview at her office in southern Seoul. "These agencies can use their visa sponsorship as a tool for blackmail and threaten to have their foreign artists deported if they do not do what they ask. The companies can have complete control of the artists' livelihood in such a case."
Lee elaborated, "It is difficult for foreign nationals to find out why they were considered to have violated certain contract terms. If they lodge a complaint for not being paid on time, the company can simply terminate its contract with them and part ways. In any case, foreign workers here are in a position of great disadvantage in their relationship with the companies."
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| Singer Aancod Abe Zaccarelli during a recent interview with The Korea Times in Seoul. Korea Times photo by Kim Kang-min |
Aancod Abe Zaccarelli, a singer from London who used to hold an E-6-1 visa, echoed that sentiment.
"It is very easy to be exploited by some companies that give out visas," he told The Korea Times.
"In order to have an E-6-1 visa, you need to be 'owned' by the CEO of the company, who can very easily do things to ruin your career and get away with it completely. They may not allow certain jobs to get through to you and have all your payments go through them before they reach your bank account. This means they have full control over your income … They have so much power over your life, quality and financial health. So you have to be very careful which company you join."
Integrated management system needed
Starting in January of this year, the Korean government made it compulsory for talent agencies to disclose their tax filings and sign an oath to operate their business lawfully. But according to Lee, the attorney, this policy cannot be a silver bullet to tackle all problems.
"It is good that the government asks companies to submit their tax records, but that alone does not screen out businesses that engage in malpractice," she noted. "I think they should also check the criminal records of those looking to start a business in the industry. As of now, anyone can start a business in the arts and culture industry if they meet a certain criteria and receive training at the Korean Creative Content Agency (KOCCA)."
She added, "Oftentimes, they just have to fill in the required hours and take an exam, which is just a formality. There are no clear requirements on company resources and manpower either. As long as they check a few boxes and have no overdue taxes, they can easily register their businesses with local authorities, who rarely turn them down and exercise little oversight."
Most workers at local authorities have no experience in dealing with matters related to foreign artists, Lee pointed out. Simply put, foreign artists literally have nowhere to turn to when they face visa or payment problems.
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| Singer/voice actor/model Nellwyn Fox speaks during a recent interview with The Korea Times at a studio in central Seoul. Korea Times photo by Kim Kang-min |
Nellywn Fox, who has been working as a singer, voice actor and model in Korea for over a decade, said even the Korea Immigration Service, under the Ministry of Justice, could not give her a helping hand.
"Honestly, my most frustrating experience was with the Korea Immigration Service," Fox told The Korea Times. "They are the ones who make the rules of the visa system, but they do not seem to enforce them. They are happy to punish the foreigners who do not comply, but they have no clear guidelines. When I called them eight different times with the same question, they gave me eight different answers … I even had Korean friends try and do a little bit of searching for me to find out whether I can get health insurance as an E-6-1 visa holder, but they have not been able to find anything."
Hence, experts are calling for the launch of an integrated management system dedicated to supporting foreign artists and entertainers.
"I think the justice ministry can take charge of enforcement, operating a website and other platforms to allow foreign workers to easily report any grievances," Lee suggested. "If an agency ends a work contract, it should be required to state a clear reason for doing so. There should also be a way for foreign workers to file an official appeal."
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| Park Kyong-ju, the founder of the Diverse Artists of Korea Association, speaks during a recent interview with The Korea Times at a studio in central Seoul. Korea Times photo by Kim Kang-min |
Park Kyong-ju, a non-standing committee member at Art Council Korea and the founder of the Diverse Artists of Korea Association, underscored that the E-6-1 visa system's requirements have to be lowered.
"Those who want to obtain an E-6-1 visa usually want to work flexibly as freelancers," she said. "So I think it will be great if the E-6-1 visa system does not require them to have talent agencies as their sponsors, so that they can still get the visa as freelancers. As of now, it is hard for foreign artists to show proof of their work and access many services offered by the Korean Artists Welfare Foundation. Even those who regularly get invited to hold exhibitions at the prestigious National Museum of Modern and Contemporary Art and the Nam June Paik Art Center are ineligible to apply for grants."
