Domestic Employment of Ethnic Koreans of Foreign Nationality
Domestic Employment of Foreign Nationals
- Ethnic Koreans of foreign nationality are foreign nationals and must acquire an immigration status which allows them to find employment in Korea (Paragraph 1 of Article 18 of the Immigration Act).
Range of Employment Under the F-4 Immigration Status
- An ethnic Korean of foreign nationality who is granted F-4 immigration status can freely engage in employment and other economic activities within a range that does not threaten social order and economic stability (Paragraph 5 of Article 10 of the Act on the Departure/Entry and Legal Status of Overseas Koreans).
- An ethnic Korean of foreign nationality who has been granted F-4 immigration status is not restricted in his or her activities with the exception of any of the following cases. However, even with a permitted type of employment, certain requirements stipulated by the domestic laws must be met(Paragraph 3 of Article 23 of the Enforcement Decree of the Immigration Act).
· Simple labor
· Activities contrary to good customs and social order
· Other cases in which it is necessary to restrict the employment of an individual for public benefit or the maintenance of order in the job market in Korea
Range of Employment Under H-2 (Visit and Employment) Immigration Status
- Under the "visit and employment system," an H-2 (visit and employment) visa can be issued to ethnic Koreans of foreign nationality over the age of 25 who meet certain conditions and are residing in China and the Commonwealth of Independent States. The H-2 visa grants such individuals freedom in departure/arrival and employment.
- Upon the first entry into Korea on the H-2 visa, the period of stayis up to 3 years. If an extension of the period of employment is granted by theMinistry of Employment and Labor, the period of stay can be up to 4 years and10 months from the date of arrival (see Korea Immigration Service of theMinistry of Justice – Manual on Sojourn for International Residents, Serial No.36).
- Ethnic Koreans of foreign nationality entering Korea on an H-2 visa must receive employment training for foreigners at a foreigner employment educational institution under the Human Resources Development Service of Korea or Article 11-3 of the Act on the Employment of Foreign Workers (Article 11(1) of the Act on the Employment of Foreign Workers <Deleted>, and Article 10 of the Enforcement Rule of the Act on the Employment of Foreign Workers).
Employment Insurance and Industrial Accident Compensation Insurance
Application of Employment Insurance and Industrial Accident Compensation Insurance to Foreign Workers
- The range of application of the Employment Insurance Act and the Industrial Accident Compensation Insurance Act to foreign workers is as follows.
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Classification
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Range of application
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Employment Insurance Act
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Foreign workers subject to the Act on the Employment of Foreign Workers
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Applicable for foreign workers of a set immigration status who are employed by any business or operation that employs workers. However, only those who have applied for unemployment benefits and parental leave benefits are qualified for this case (The main Text of Article 8 (1) and Article 10-2(1) of the Employment Insurance Act). ※ For businesses employing artists under Article 77-2(1) of the Employment Insurance Act and businesses employing workers offering labor specified under Article 77-6(1) of the same Act, the provisions related to artists or labor providers in Chapter 1, Chapter 2, Chapter 4, Chapter 5-2, Chapter 5-3, Chapter 6, Chapter 8, or Chapter 9 of the Employment Insurance Act shall be applied (Article 8(2) of the Employment Insurance Act). ※ However, foreign workers employed by any of the following businesses or operations shall be excluded based on each industry’s features and size (The proviso of Article 8(1) of the Employment Insurance Act and Article 2(1) of the Enforcement Decree of the Employment Insurance Act) 1. A farming, forestry, or fishing business that is not a corporation and uses less than four workers at all times 2. ① A construction project with a total value of less than KRW 20 million or ② the construction of a building whose total floor area is less than 100 m² or the renovation of a building whose total floor area is less than 200 m² by a business that is not a housing construction business, construction business, electrical construction business, information communications construction business, fire-fighting facility business, or cultural heritage repairs business 3. Employment within a household or an unclassified self-consumption or production activity
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Other foreign workers
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Some or all conditions of the Employment Insurance Act may apply to other foreign workers according to the following classification (Article 10-2(2) of the Employment Insurance Act and Article 3-3 of the Enforcement Decree of the Employment Insurance Act) ※ Persons subject to all conditions under the Employment Insurance Act (Subparagraph 1 of Article 3-3 of the Enforcement Decree of the Employment Insurance Act, and Articles 12, 12-2, and 23(2) of the Enforcement Decree of the Immigration Act) 1. Persons who have acquired the state of sojourn under Residence (D-7), Company Investment (D-8), and Trade Management (D-9) 2. Persons who are qualified for permanent residence (F-5) 3. Persons who are qualified under Residence (F-2) and Marriage Immigration (F-6) ※ Persons subject to all conditions under the Enforcement Rule of the Employment Insurance Act, if he/she has applied to be insured (Subparagraph 2 of Article 3-3 of the Enforcement Decree of the Employment Insurance Act) 1. Persons who have acquired the state of sojourn under Overseas Koreans (F-4) 2. Persons who are eligible for short-term employment (C-4) and long-term employment in Korea, such as professors (E-1), foreign language teaching (E-2), research (E-3), technical teaching (E-4), professional occupations (E-5),bentertainers (E-6), special activities (E-7), seasonal employment (E-8), non-professional employment (E-9),bsailors (E-10), and working visits (H-2) are qualified to implement employment activities.
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Industrial Accident Compensation Insurance Act
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Foreign workers of a set immigration status who are employed by any business or operation which employs workers (Main text of Article 6 of the Industrial Accident Compensation Insurance Act) ※ However, foreign workers employed by any of the following businesses or operations are excluded (The proviso of Article 6 of the Industrial Accident Compensation Insurance Act and Article 2(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act) 1. A business for which the level of accident compensation is set in accordance with the Public Officials' Accident Compensation Act or the Military Personnel's Accident Compensation Act (not applicable to cases where the provisions on benefits for the bereaved of public officials who lost their lives in the line of duty or lost their lives in the line of duty at risk to their lives applying accordance with Article 60 of the Public Officials' Accident Compensation Act) 2. A business for which the level of accident compensation is set in accordance with the Seafarers Act, the Act on Accident Compensation Insurance for Fishers and Fishing Vessels, or the Pension for Private School Teachers and Staff Act 3. Employment within a household 4. A farming, forestry (felling excluded), fishing, or hunting business, which is not a corporation and which uses less than five workers at all times
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