Preparing to open a restaurant
Status of stay and business types
- To start a business in the Republic of Korea, a foreign national must obtain an appropriate status of stay (i.e., visa). The statuses of stay under which a restaurant business is permitted and the corresponding business types are as follows [Articles 10, 10-2, and 10-3(1) of 「Immigration Act」; Article 12 and attached Table 1-2 of 「Enforcement Decree of the Immigration Act」; HiKorea website (
www.hikorea.go.kr) - Information Sharing Corner - Visa Navigator (Customized Stay Guide)].
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Category
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Status of stay
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Eligible applicants
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Business type
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Residency
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F-2
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A person intending to reside long-term in Korea to obtain permanent residency status.
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Sole Proprietor / Corporation
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Overseas Korean
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F-4
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A person who previously held Korean nationality (including overseas Koreans who emigrated before the establishment of the Republic of Korea), or their direct descendants who have acquired foreign nationality (Subparagraph 2 of Article 2 of 「Act on the Immigration and Legal Status of Overseas Koreans」)
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Sole Proprietor / Corporation
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Permanent Residency
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F-5
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A person not subject to deportation who has continuously resided in the Republic of Korea for at least five years with a valid status of stay and who meets the criteria under attached Table 1-3 of 「Enforcement Decree of the Immigration Act」
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Sole Proprietor / Corporation
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Marriage Migrant
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F-6
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① A spouse of a Korean national; ② A father or mother raising a child born in a marriage (including de facto marriage) with a Korean national, recognized by the Minister of Justice; ③ A person who was married to a Korean national and residing in Korea, but is no longer able to maintain the marriage due to death or disappearance of the said spouse, or other reasons not attributable to them, and is recognized by the Minister of Justice.
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Sole Proprietor / Corporation
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Corporate Investment
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D-8
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Essential professionals in management/administration or production/technology for a foreign-invested enterprise under 「Foreign Investment Promotion Act」 who are recognized by the Minister of Justice (excluding persons who invested in a foreigner-run enterprise (excluding corporations) and persons hired domestically).
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Corporation
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- In particular, even a foreign national without a long-term status of stay (F-2, F-4, F-5, F-6) may start a restaurant by establishing a foreign-invested enterprise and obtaining the status of stay for corporate investment (D-8).
※ For details on establishing a foreign-invested enterprise, see 『Startup Support』 content on this website.
Selecting a business category
- To start a restaurant, you must select an appropriate business category taking into account the type of operation, scale, and food to be served (Subparagraph 3 of Article 36(1) of 「Food Sanitation Act」; Subparagraph 8 of Article 21 of 「Enforcement Decree of the Food Sanitation Act」).
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Type
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Scope
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Snack bar business
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A business that mainly prepares/sells tea, ice cream, etc., or prepares/sells foods in the form of fast-food or snack shops, where drinking alcohol is not permitted (excluding cases where convenience stores, supermarkets, service areas, comic book cafes, PC rooms, etc., pour hot water into cup noodles, instant tea, or other foods).
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General restaurant business
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A business that prepares/sells foods where drinking alcohol is permitted as an ancillary activity together with meals.
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Bakery business
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A business that mainly manufactures/sells bread, rice cakes, confectionery, etc., where drinking alcohol is not permitted.
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Lounge bar business
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A business that mainly prepares/sells alcoholic beverages where customers are permitted to sing.
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Entertainment bar business
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A business that mainly prepares/sells alcoholic beverages where entertainment workers may be employed or entertainment facilities may be installed, and where customers are permitted to sing or dance.
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Securing a business location
Checking the building use
- Restaurants may operate in buildings for use as neighborhood living facilities or entertainment facilities (Article 2(2) of 「Building Act」; Article 3-5 and attached Table 1 of 「Enforcement Decree of the Building Act」), and when securing a location, you must confirm via the building register that the building’s approved use permits restaurant operations.
Securing the premises
- To run a restaurant, you must secure premises that satisfy the facility standards for the chosen business category (Article 36 of 「Food Sanitation Act」). You may operate directly in a building you own or lease a commercial building to use as your business premises.
- If you lease a commercial building to start a restaurant, you must enter into a lease contract (Article 618 of 「Civil Act」). A commercial building lease is protected only if the requirements for enforceability against third parties (delivery of the building and business registration) and the requirements for preferential payment (the enforceability requirements plus an official fixed date on the lease document) are met (Articles 3(1) and 5(2) of 「Commercial Building Lease Protection Act」).
Completing food sanitation education and a health check
Food sanitation education
- Before starting operations, a person opening a restaurant must complete six hours of food sanitation education (Article 41(2) of 「Food Sanitation Act」; Subparagraph 3 of Article 52(2) of 「Enforcement Rule of the Food Sanitation Act」).
- Food sanitation education must be completed online or offline (in person) through the following educational institutions (Article 41(6) of 「Food Sanitation Act」; Article 51(1) of 「Enforcement Rule of the Food Sanitation Act」; 「Designation of Hygiene Education Institutions for Food Business Operators, etc.」).
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Business category
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Educational institution
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Snack bar business
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Korea Convenient Restaurant Association
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General restaurant business
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Korea Foodservice Industry Association
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Korea Foodservice Industry Association
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Bakery business
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Korea Bakery Association
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Lounge bar business
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Korea Danran Bar Business Association
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Entertainment bar Business
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Korea Central Council of Night Businesses
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Health checkup
- Before opening the business, a person starting a restaurant must visit a local public health center or hospital to undergo a health check in advance (Article 40(1) of 「Food Sanitation Act」; Paragraphs 1 and 2 of Article 49 of 「Enforcement Rule of the Food Sanitation Act」).
- If, as a result of the health checkup, a disease is deemed present that may pose a risk to others, the person may not operate a restaurant (Article 40(2) of 「Food Sanitation Act」).
- If this requirement is violated - by failing to undergo a health check or by allowing a person with a disease deemed likely to harm others to operate a restaurant - a fine of up to KRW 3,000,000 may be imposed (Subparagraph 1 of Article 101(3) of 「Food Sanitation Act」).
Filing a business notification or obtaining a business license
Business notification
- A person who intends to start a restaurant under the categories of “① Snack Bar Business, ② General Restaurant Business, ③ Bakery Business” must, after preparing the required facilities, file a business notification for each business category or each place of business with the competent Si/Gun/Gu office (former part of Article 37(4) of 「Food Sanitation Act」; Subparagraph 8 of Article 25(1) of 「Enforcement Decree of the Food Sanitation Act」; Article 42(1) of 「Enforcement Rule of the Food Sanitation Act」).
- Upon completion of the notification procedure, a business notification certificate will be issued (Article 42(8) of 「Enforcement Rule of the Food Sanitation Act」).
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Notification processing steps
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Prepara -tion of notifica -tion form (appli -cant)
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▶
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Receipt
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▶
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Review
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Approval
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▶
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Issuance of notifica -tion certifi -cate
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▶
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On-site facility inspec -tion may be conduc -ted if neces -sary (within 15 days)
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Business license
- A person who intends to start a restaurant under the categories of “① Lounge Bar Business, ② Entertainment Bar Business” must, after preparing the required facilities, obtain a business license for each business category or each place of business from the competent Si/Gun/Gu office (former part of Article 37(1) of 「Food Sanitation Act」; Subparagraph 2 of Article 23 of 「Enforcement Decree of the Food Sanitation Act」; Article 40(1) of 「Enforcement Rule of the Food Sanitation Act」).
- Upon completion of the licensing procedure, a business license certificate will be issued (former part of Article 40(4) of 「Enforcement Rule of the Food Sanitation Act」).
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License processing steps
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Prepara -tion of applica -tion (appli -cant)
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▶
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Receipt
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▶
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Review
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▶
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On-site inspec -tion and facility check
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▶
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Approval
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▶
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Issuance of license certifi -cate
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Registering as a business
Business registration
- A person who has started a restaurant must apply for business registration with the competent tax office before commencing business, or within 20 days from the date of commencing business (Article 8(1) of 「Value-Added Tax Act」).
- Upon completion of the business registration procedure, a business registration certificate will be issued (Article 8(7) of 「Value-Added Tax Act」).
Measures in case of non-registration
- If a person who has started a restaurant fails to apply for business registration within 20 days from the date of commencing business, an additional tax amount equal to one (1) percent of the total supply value from the business start date to the day before the registration application date must be paid (Subparagraph 1 of Article 60(1) of 「Value-Added Tax Act」).
- If a person who has started a restaurant does not complete business registration, the head of the competent tax office may investigate and register the business ex officio (Article 11(6) of 「Enforcement Decree of the Value-Added Tax Act」).