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Employment of Foreign Workers

Definition and Legal Status of Foreign Workers

Employment and Status of Stay of Foreign Workers

Restrictions on Employment by Status of Stay

Definition and Legal Status of Foreign Workers

What is the definition of “Foreign Workers”?

- “Foreign Workers” means a person without the nationality of the Republic of Korea who provides or intends to provide his/her labor in return for wages in any business or place of business located within the Republic of Korea (the main body of Article 2 of the Act on the Employment, etc. of Foreign Workers).

Employment and Status of Stay of Foreign Workers

Acquisition of Status of Stay Eligible for Employment

- Every foreigner who intends to work as an employee in the Republic of Korea shall obtain the status of stay that entitles him/her to engage in work as an employee, as prescribed by the Immigration Act. If any person works in Korea in violation of the above, such person will be subject to imprisonment with labor for not more than 3 years, or by a fine not exceeding 30,000,000 won (Article 18 Section 1 and Article 94 Subsection 8 of the Immigration Act).

Status of Stay Eligible for Employment

- For a foreigner to engage in employment activities in the Republic of Korea, he/she must obtain one of the following status of stay. In this case, “to engage in employment activities” means to engage in job-related activities permitted under a relevant status of stay (Article 23 and Attached Tables 1 and 1-2 of the Enforcement Decree of the Immigration Act).

Status of Stay

Eligible Applicants and Scope of Permitted Activities

Short-Term Employment

(C-4)

Persons who intend to work temporarily for profit-making by engaging in activities, including temporary entertainment, advertisement/fashion modeling, lectures/speech, research, or technology transfer

Professorship

(E-1)

Foreigners qualified in accordance with the Higher Education Act who intend to teach or research at an educational institution not lower than junior college or higher as well as other institutions at an equivalent level

※ What are the qualifications required under the Higher Education Act?

· Article 16 of the Higher Education Act and the Attached Table of the Regulations on the Professors’ Qualification Standard, etc. include regulations stipulating the standards and credentials of qualifications for teachers and assistants working in various educational institutions, such as universities, industrial universities, universities of education, community colleges, distant colleges, universities of technology, and schools.

Foreign Language Instructor

(E-2)

Foreigners who satisfy qualifications set by the Minister of Justice and intend to engage in teaching as foreign language instructors at a foreign language specialized academy, educational institution not lower than elementary school, or its affiliated language research center, language training center affiliated with a broadcasting company or business, or any other equivalent institution or organization

Research (E-3)

Persons who intend to engage in research on natural science, social science, humanities, arts and physical education or industrial high-tech R&D at a research institute at the invitation of a public/private organization in the Republic of Korea [excluding those falling under the Professorship (E-1) category]

Technology Transfer(E-4)

Persons who is invited by a public/private organization in the Republic of Korea to provide expert knowledge in the field of natural science or technology falling under a specialized field of industry

Professional Occupation

(E-5)

Persons such as lawyers, certified public accountants, physicians, or other professionals holding a foreign state-authorized license who intend to practice in specialized fields, such as law, accounting, or medical services all of which shall be performed under the laws of the Republic of Korea [excluding those falling under the Professorship (E-1) category]

Arts and Performances

(E-6)

Persons who intend to engage in artistic activities in fields that generate profit, such as music, fine art, or literature, as well as activities for profit, including entertainment, musical instrument performance, theater, sports, or advertisement/fashion modeling

Special Occupation

(E-7)

Persons who intend to engage in activities specially designated by the Minister of Justice in accordance with contracts entered into with public/private organizations in the Republic of Korea

※To see activities designated by the Minister of Justice, go to the website of the Korea Immigration Service (www.immigration.go.kr).

Seasonal Labor

(E-8)

Persons the Minister of Justice considers qualified as seasonal workers involved in cultivating, harvesting, and first processing of crops, and first processing of marine products

10.

Non-Professional Employment

(E-9)

Persons who satisfy qualifications for domestic employment set forth under the Act on the Employment of Foreign Workers [excluding those who intend to engage in professional occupations that require certain qualifications or relevant work experience]

11.

Vessel Crew

(E-10)

Persons who fall under the following categories and foreigners who enter into a labor agreement as a sailor defined under subparagraph 6 of Article 2 of the Seafarers Act in exchange for providing sailor service in the relevant business for a period not less than 6 months:

A. Those who operate businesses set forth in subparagraphs 1, 2, and 5 of Article 3 or subparagraph 1 of Article 23 of the Marine Transportation Act;

B. Those who engage in business set forth in Article 8(1)1, Article 41(1), or Article 57(1) of the Fisheries Act;

C. A Korean-flagged cruise ship operator under subparagraph 7 of Article 2 of the Cruise Industry Development and Support Act, who engages in business using an international cruise ship set forth in subparagraph 4 of Article 2 of the Cruise Industry Development and Support Act

12.

Residential

(F-2)

A. A minor foreign child of a Korean national or a spouse and a minor child of a person who holds the permanent residence (F-5) status;

B. A child born from a person married to a Korean national (including de facto marriage) and recognized by the Minister of Justice;

C. Persons recognized as refugees;

D. A person making investments under the Foreign Investment Promotion Act who falls under any of the following cases

1) Persons who continue to stay in Korea for at least three consecutive years under Corporate Investment (D-8) status and have made more than USD 500,000 of foreign investments

2) Personnel who have been dispatched to a foreign-invested corporation in Korea under the Foreign Investment Promotion Act from an international corporation that has invested more than USD 500,000 and has stayed in Korea for more than three years accordingly

3) A foreigner who has invested more than USD 300,000 and has employed more than two Koreans

E. Persons who have stayed in Korea for more than five consecutive years with a status of sojourn other than the status of sojourn from Diplomacy (A-1) to Agreement (A-3) and has a living base in Korea, recognized by the Minister of Justice

F. <Deleted>

F. Persons whose age, education, income, etc. meet the standards determined and notified by the Minister of Justice

G. A foreigner who is recognized by the Minister of Justice as a person who has invested in assets such as real estate according to the criteria determined and publicly announced by the Minister of Justice, such as the investment area, investment target, and investment amount, or as an executive or shareholder of a corporation

H. A person recognized by the Minister of Justice to have made a special contribution or have contributed to increase public interests

I. Spouse and child of a person falling under F through H above (only children who meet the requirements determined by the Minister of Justice)

J. A person falling under the criteria announced by the Minister of Justice in consideration of the target industry and region, whether the person resides or works in the region, and the relevant period in a bid to support the manpower supply and restoration of regional vitality in a population-decreasing region, etc. pursuant to subparagraph 9 of Article 2 of the Special Act on Balanced National Development.

13.

Overseas Koreans

(F-4)

Persons who have acquired the nationality of a foreign country. However, those who fall under any of the following cases shall be excluded:

A. Elementary occupations;

B. Activities that undermine good morals or public order; or

C. Other activities deemed to be restricted necessary to serve the public interest or maintain order in the domestic labor market

※ Who are considered as Foreign Nationality Koreans?

·Persons who fall under the following cases are considered as those with foreign nationalities (subparagraph 2 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans and Article 3 of the Enforcement Decree of the Act on the Immigration and Legal Status of Overseas Koreans).

1.Persons born in the Republic of Korea and acquired the nationality of the Republic of Korea (including compatriots who migrated overseas before the Republic of Korea government was established) and obtained a foreign nationality)

2.Lineal descendants of persons falling under paragraph 1 above who have acquired foreign nationality

14.

Spouse of a Korean National

(F-6)

A. A spouse of a Korean national;

B. A mother or a father of a child born in wedlock with a Korean national (including de facto marriage) who is recognized by the Minister of Justice;

C. A person who became unable to maintain a normal marital relationship due to the death or disappearance of the spouse or other reasons not attributable to the person while married to a Korean national and residing in Korea and who is recognized by the Minister of Justice;

15.

Working Holiday

(H-1)

Persons who are citizens of a country that entered into a treaty or MOU on ‘Working Holiday’ with the Republic of Korea and who intend to engage in tourism and employment activities (excluding those seeking employment in any business areas that are against the purpose of such treaty, etc. or in any occupational categories that require certain qualifications under relevant Korean laws)

16.

Working Visit

(H-2)

A. Persons eligible for the pertinent status of stay: foreign nationality Koreans (as defined in subparagraph 2 of Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans) aged 18 or older who fall under any of the following, intend to stay in the Republic of Korea to engage in activities within the scope defined in Item (b), and are recognized by the Minister of Justice [excluding those categorized as Overseas Koreans (F-4)]:

1) Persons born as Korean nationals who are registered on a Korean family relations register, closed register or family census register and their lineal descendants;

2) Persons invited by Korean nationals who are domiciled in Korea or persons who are blood relatives within the 8th degree of relationship or affinity relatives within the 4th degree of relationship falling under subparagraph 5 of Permanent Residence (F-5);

3) Persons classified as patriots and veterans who have rendered distinguished service to the Republic of Korea and their bereaved family members (as described in Article 4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State) or classified as persons of distinguished services to national independence, their families, their bereaved families(as described in Article 4 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence);

4) Persons who have performed special meritorious services for the Republic of Korea or have otherwise helped promote national interests;

5) A father, mother or spouse of a person of Study Abroad (D-2) status holders who have been studying in the Republic of Korea for at least 1 semester;

6) Persons who have voluntarily departed from the Republic of Korea in accordance with the standards and procedures determined by the Minister of Justice to maintain order of stay among foreigners residing in Korea; or

7) Persons not falling under the foregoing 1) through 6) who have been selected in such process as determined and publicly notified by the Minister of Justice including a Korean language proficiency test and random drawing

B. Scope of Activities

1) Visit; temporary co-residence with relatives; tourism; medical treatment; field trips; friendship games; non-profit cultural and artistic activities; attendance at meetings; collection of academic data; commercial activities including market surveys, business communication, contract execution or other activities with a similar purpose

2) Activities that fall under any of the following industrial fields according to the Korean Standard Industrial Classification prepared and publicly announced by the head of the National Statistics Office under Article 22 of the Statistics Act

(1) Growing of crops (011)

(2) Animal production (012)

(3) Crop cultivation and livestock related service business (014)

(4) Offshore fishing (03112)

(5) Aquaculture fishery (0321)

(6) Metal mining (06)

(7) Nonmetallic mineral mining excluding fuel minerals (07)

(8) Natural sea salt production and rock salt extraction business (07220)

(9) Mining support services (08)

(10) Manufacturing (10~34) (However, only when the number of workers who use regularly is less than 300 or the capital is KRW 8 billion or less)

(11) Sewage wastewater and excreta treatment business (37)

(12) Waste collection, transportation, treatment and raw material recycling business (38)

(13) Construction industry (41~42)(However, except for cases where the business type is industrial or environmental facility construction among construction companies at power plants, steelworks, and petrochemical construction sites)

(14) Wholesale of land animals and pets (46205)

(15)Wholesale of other industrial agricultural products(46209)

(16) Wholesale of fruits (46311) (However, this is limited to employees working in agricultural products processing centers among those under Article 51 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products)

(17) Wholesale of vegetables, root and tuber crops, and crops for seasoning (46312) (However, this is limited to employees working in agricultural products processing centers among those under Article 51 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products)

(18) Wholesale of household goods (464)

(19) Wholesale of machinery and equipment and related goods (465)

(20) Collection and sale of materials for recycling (46791)

(21) Retailing of other household goods (475)

(22) Retail business specializing in other goods (478)

(23) Non-store retail business (479)

(24) Land passenger transportation (492)

(25) Refrigerated and frozen warehousing (52102) (However, only for companies located in the inland)

(26)Logistics terminal operation(52913) (However, only for employees in charge of simple tasks of loading and unloading jobs (92101) under the Korean standard industrial classification of occupations (KSCO) prepared and publicly announced by the head of the National Statistics Office under Article 22 of the Statistics Act)

(27) Air cargo and freight forwarding management(52941) (However, only for employees working at companies transporting meat under subparagraph 3 of Article 2 of the Livestock Products Sanitary Control Act)

(28) Hotel business (55101) (However, the hotel business pursuant to the Tourism Promotion Act is limited to the 1st, 2nd and 3rd class tourist hotel businesses)

(29) Inn business (55102)

(30) Korean restaurant business (5611)

(31) Foreign restaurant business (5612)

(32) Other snack food business (5619)

(33) Publishing of books, magazines and other printed materials (581)

(34) Publishing of music and other audio materials (59201)

(35) Business facility maintenance service business (741)

(36) Building general cleaning business (74211)

(37) Industrial equipment, transportation equipment, and public place cleaning business (74212)

(38) Travel agencies and other institutions providing travel information (752)

(39) Social welfare services(87)

(40) Comprehensive automobile repair business (95211)

(41) Professional automobile repair business (95212)

(42) Motorcycle repair business (9522)

(43) Bathhouse services (96121)

(44) Industrial laundry (96911)

(45) Personal care and services (96993)

(46) Employment activities for household workers (97)

Restrictions on Employment by Status of Stay

For foreign nationals whose status of stay falls within one of the followings: Short-term Employment (C-4). Professorship (E-1), Foreign Language Instructor (E-2), Research (E-3), Technology Transfer (E-4), Professional Occupation (E-5), Arts & Performances (E-6), Special Occupation (E-7), Non-professional Employment (E-9), Vessel Crew (E-10), Working Holiday (H-1), or Working Visit (H-2):

- The relevant foreign workers are not allowed to work at any place other than the designated workplaces. If this is violated, imprisonment with labor for not more than 1 year or a fine not exceeding 10,000,000 won will be imposed (Article 18 Section 2 and Article 95 Subsection 5 of the Immigration Act).

※ The above restriction regarding workplace will not apply to those who have specialized knowledge, skill, or ability, been staying in Korea under the one of the following statuses, and have filed for alien registration: Professorship (E-1), Foreign Language Instructor (E-2), Research (E-3), Technology Transfer (E-4), Professional Occupation (E-5), Arts & Performances (E-6), Special Occupation (E-7) (Article 21 Section 3 of the Immigration Act and Article 26-2 Section 1 of the Enforcement Decree of the Immigration Act).

- If the relevant foreign workers intend to change or add a workplace within the scope of their status of stay, they must obtain permission from the Minister of Justice (a head of the Immigration Service, a head of an immigration office, and a head of an immigration branch office) before making such change or addition. If this is violated, imprisonment with labor for not more than 1 year or a fine not exceeding 10,000,000 won will be imposed (Article 21 Section 1 and Article 95 Subsection 6 of the Immigration Act).

※ For those who have specialized knowledge, skill, or ability, have been staying in Korea, and have filed for alien registration under Professorship (E-1), Foreign Language Instructor (E-2), Research (E-3), Technology Transfer (E-4), Professional Occupation (E-5), Arts & Performances (E-6), or Special Occupation (E-7) status, they can change or add workplace by reporting to the Minister of Justice within 15 days of such change or addition (A provisory clause of Article 21 Section 1 of the Immigration Act).

For foreign nationals whose status of stay falls under Residential (F-2) (Items (d) through (f), and only apply to those who intend to engage in activities under the corresponding status of stay), Overseas Koreans (F-4), Permanent Residence (F-5) or Spouse of a Korean National (F-6).

- Foreign workers who fall within the above categories are authorized to work in Korea without restrictions (Article 23 Section 2 through 4 of the Enforcement Decree of the Immigration Act).

- However, those who fall under the Paragraph 13 [Overseas Koreans (F-4)] of the table above are not authorized to engage in any of the following activities. In addition, even if they engage in work within the permitted scope, they are subject to certain qualifications if such are required under the relevant Korean laws (Article 23 Section 3 of the Enforcement Decree of the Immigration Act and Article 27-2 of the Enforcement Rule of the Immigration Act).

1. Unskilled labor: activities performed by “elementary workers” categorized by the Korean Standard Classification of Occupation (KSCO) which usually require unskilled and regular manual labor;

2. Activities disturbing good morals or other social order including the followings:

A. Seeking employment in businesses engaging in speculative acts including lottery ticket issuance, prize competition, wheel-spinning, lottery, or giveaways;

B. Engaging in an entertainment bar business as agents, workers, or other employees;

C. Seeking employment in a business offensive to the good public morals which falls under any of the following businesses:

1) Karaoke bar business and/or entertainment bar business;

2) Lodging business, barbering business, and public bath business;

3) Business of running a video-viewing establishment, karaoke machine business, and business of providing games/business of providing multi-distribution games;

4) Dance institute business and dance hall business;

5) Business places which juveniles are banned from access and employment;

3. Other activities deemed necessary to be restricted to maintain public interests or domestic employment order.

Overseas Koreans under Working Visit (H-2) Status

- The Construction Industry Employment Registration Program took effect as of May 2009. Accordingly, for any overseas Koreans to engage in construction businesses, they must obtain a “Certificate of Construction Industry Employment Confirmation” upon completion of certain procedures including application for construction industry employment and employment education. Since December 2009, those who have not obtained such certificate have been prohibited from engaging in construction business.

- Anyone who engages in construction business without such certificate is subject to legal penalties such as prohibition on extension of stay (for the 1st violation of the relevant requirement), or cancellation of visa or status of stay (from the 2nd violation).