ENGLISH

Visa Type 

Eligibility 

D-8-3 

(Investment) 

• Individuals engaged in the management or administration of a foreign-invested company operated by a Korean national (individual) under 「Foreign Investment Promotion Act」 

• Those who meet the following requirements: 

1. Must invest at least KRW 100,000,000 and own at least 10% of the company’s total equity; 

2. Must be registered as a joint representative with a Korean national on the business registration certificate; 

3. The Korean joint business partner must have invested at least KRW 100,000,000. 

D-9-4 

(International Trade) 

• Individuals who establish a company and engage in business or profit-generating activities in Korea 

• Those who have introduced foreign capital of KRW 300,000,000 or more under 「Foreign Exchange Transactions Act」 and 「Foreign Exchange Transaction Regulations」, and registered a business 

• Or individuals who have reported foreign investment under 「Foreign Investment Promotion Act」, and received a business registration certificate as a sole proprietor with KRW 300,000,000 or more in capital 

F-2 

(Resident) 

• Individuals intending to reside long-term in Korea to obtain permanent resident status 

F-4 

(Overseas Korean) 

• Any of the following: 

1. Individuals who once held Korean nationality by birth (including those who emigrated abroad before the founding of the Republic of Korea) and acquired foreign nationality; 

2. Direct descendants of individuals under item 1 who acquired foreign nationality. 

F-5 

(Permanent Resident) 

• Individuals who meet the criteria for permanent residency under attached Table 1-3 of 「Enforcement Decree of the Immigration Control Act」 

F-6 

(Marriage Migrant) 

• Any of the following: 

1. Spouse of a Korean national; 

2. A parent (father or mother) raising a child born from a marriage or de facto marriage with a Korean national; 

3. An individual who was residing in Korea in a marital relationship with a Korean spouse but cannot maintain a normal marriage due to the spouse’s death, disappearance, or other reasons not attributable to themselves. 

Requirement 

Details 

1. The franchisor permits the franchisee to use business marks, etc. 

Even if the business mark is not registered as a trademark, it is sufficient if it is independently recognizable by a third party. 

2. The franchisee sells goods or services according to specified quality standards or business methods. 

If the franchisor supplies only goods unrelated to the franchisee’s main business, it does not constitute a franchise business. 

3. The franchisor provides support, training, and supervision for business and operational activities. 

If the franchisee suffers no disadvantage from not following the franchisor’s business policy, it does not qualify as a franchise business. 

4. Payment of consideration (e.g., franchise fees) for the use of business marks and the support/training related to business and operational activities. 

If the franchisor supplies goods to the franchisee at or above the wholesale price, it is still considered payment of franchise fees.

5. Continuous business relationship. 

If the support is only temporary, it does not constitute a franchise business. 

Non-applicable Exceptions to the 「Equal Transactions in Franchise Business Act」 

1. Where the total amount of franchise fees paid by the franchisee to the franchisor within six months from the initial payment of franchise fees does not exceed KRW 1,000,000. 

2. Where the franchisor's annual sales revenue is less than KRW 50,000,000. However, this does not apply if the franchisor has contracts with five or more franchisees. 

- If the franchisor operates directly-managed stores (stores operated directly by the franchisor under its responsibility and expense) under the same quality standards or business methods as the relevant franchise business, the sales of those stores are included in the KRW 50,000,000 threshold. 

- If the franchisor operated directly-managed stores for one year or more before starting the franchise business, the threshold is raised to KRW 200,000,000 (including sales from the directly-managed stores). 

Procedure 

Details 

1. Provision of the Disclosure Document 

• The franchisor (including regional franchisor or franchise broker recruiting franchisees) shall provide the Disclosure Document to the prospective franchisee directly or via appropriate means such as registered mail. 

• When providing the Disclosure Document, the franchisor shall also provide a document listing the names, addresses, and phone numbers of the 10 nearest franchisees from the planned store location (or all within the same metropolitan area if fewer than 10 exist). If the store location has not been determined, this shall be provided as soon as it is confirmed. 

※ If the franchisor fails to provide the required documents or concludes a franchise agreement or receives franchise fees within 14 days (7 days if the prospective franchisee received legal or expert consultation on the disclosure document), it may be subject to imprisonment for up to 3 years or a fine of up to KRW 100,000,000. 

2. Provision of Estimated Sales Statement 

• The franchisor (excluding small and medium-sized enterprises or franchisors with fewer than 100 franchisees as of the end of the previous fiscal year) must provide an Estimated Sales Statement detailing the projected minimum and maximum sales for one year from the planned business start date, and the calculation basis thereof. 

※ For more on the estimation method, refer to Paragraphs 3 and 4 of Article 9 of 「Enforcement Decree of the Equal Transactions in Franchise Business Act」. 

3. Escrow of Franchise Fees 

• The franchisee (including prospective franchisees) must deposit franchise fees (monetary payments falling under Items A and B of Subparagraph 6 of Article 2 of 「Equal Transactions in Franchise Business Act」, including those paid before the agreement) with a financial institution, postal agency, or insurance company designated as an escrow institution. 

※ If the franchisor directly receives escrowed franchise fees from a prospective or actual franchisee, it may be subject to imprisonment for up to 2 years or a fine of up to KRW 50,000,000. 

4. Drafting of Franchise Agreement 

• The franchise agreement must include the following information: 

√ Provisions on granting rights to use the business mark 

√ Conditions of business activities for the franchisee 

√ Provisions on education, training, and management guidance for the franchisee 

√ Provisions on payments, such as franchise fees 

√ Provisions on the setting of business territory 

√ Contract duration 

√ A clause stating that the franchisee must escrow franchise fees within two months from the date of the franchise agreement (or by the business start date if earlier); if the franchisor has signed an indemnity insurance for franchisee losses, related provisions must also be included 

√ If the prospective franchisee received legal or expert advice on the disclosure document, this must be recorded 

√ Liability for damages caused to the franchisee due to illegal conduct by the franchisor or its executives, or actions that damage the reputation or credit of the franchise brand and violate social norms 

√ If the franchisor requires the franchisee to transact with designated parties, details of such goods/services/facilities/properties/leases and price determination method must be included 

√ Other rights and obligations of the parties as stipulated in Article 12 of 「Enforcement Decree of the Equal Transactions in Franchise Business Act」