Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Work Place Change and Additional Permission (Report)

ay of change. The term "individuals designated by presidential decree" refers to foreigners with any of the residency statuses from professor (E-1) to specific activity (E-7).
Examples of workplaces specified in the "2018 Guidelines for Residency Management" are as follows: ▴A university professor who temporarily conducts activities such as lectures and research related to their major at B university or C research institute, ▴A consultant from D company who visits a trading company for consulting, ▴An English teacher who is a native speaker and works at H elementary school under E superintendent of education and teaches English at G high schools within the jurisdiction on a rotating basis, ▴A foreign language conversation instructor employed by K academy who visits a company to teach conversation, and ▴A chef at P hotel who cooks at a banquet hall during a business trip (excluding cases where cooking is done at a restaurant).

■ Target and Standards for Pre-Approval of Workplace Changes (Additions)
Firstly, those who must obtain pre-approval for workplace changes or additions are as follows: C-4 visa holders for short-term employment, E-6-2 visa holders engaged in artistic performances in hotels and entertainment establishments under the Tourism Promotion Act, and E-7 visa holders who are sales representatives (31215), chefs and cooks (441), designers (285), hotel receptionists (3922), medical coordinators (S3922), sea cucumber cultivation technicians (63019), skilled workers in welding for shipbuilding (7430), skilled workers in manufacturing site management among skilled workers (700), skilled workers in construction site management (770), and skilled workers in agricultural and fisheries site management (600), among others.
Secondly, the standards for those E-7 visa holders mentioned above who are subject to pre-approval for workplace changes or additions are as follows:
Firstly, if the newly employed company is not subject to restrictions on the issuance of certification of permission and the number of employees does not exceed the employment allowance limit, the workplace change can be approved. However, if the employing company does not meet the requirements, the individual will be advised to apply for a change of status to a job seeker (D-10) visa.
Secondly, even if the individual meets the qualifications, if they were dismissed or resigned voluntarily due to their own fault without obtaining consent for transfer from the original employer, i.e. if they were dismissed or resigned voluntarily due to their own fault for the protection of the employing employer's goodwill and the maintenance of the stay order, they cannot receive approval for workplace changes or additions without a transfer consent form from the original employer. The individual will be advised to apply for a change of status to a job seeker (D-10) visa.
Thirdly, if there is no report of changes in employment, the relevant form will be received and processed after confirming with the original employer. However, cases where reporting is impossible due to unknown whereabouts or where the individual has worked until the end of the employment contract and resigned will be excluded.
Fourthly, for employment companies with a high risk of disturbing the stay order, such as frequent closures or abuse of transfer consent forms, approval for new employment, issuance of certification of permission, change of status, and workplace changes for E-7 visa holders may be restricted for up to one year.
Fifthly, if a consent form from the previous workplace supervisor is required among the submitted documents and the identity of the guarantor is changed due to a change in workplace, a new identity verification form from the new workplace supervisor must be obtained.

■ Foreigners who change or add workplaces are subject to "post-reporting"
Foreigners who have registered as foreign workers with qualifications such as Professor (E-1) or Specific Activity (E-7) and wish to change or add their workplaces must meet the necessary qualification requirements. For example, a native English assistant teacher with a Conversation Instructor (E-2) qualification must have at least a bachelor's degree to work at a private language school. Those who are obligated to report a change or addition of their workplace must report it to the head of the local immigration office within 15 days of the occurrence. Required documents include an employment contract, a business registration certificate, a consent form from the previous workplace (exempt if the contract has expired or if both parties have agreed on the last day of work), and proof of reasons for changing the workplace, such as evidence of the previous workplace's closure or unpaid wages. For the Conversation Instructor (E-2) qualification, a certificate of establishment and operation of an educational institution or a lifelong education facility registration (declaration) certificate is required. For the Specific Activity (E-7) qualification, an employment recommendation letter or proof of the need for employment is required.
Note that for those with a residence (D-7), business investment (D-8), or trade management (D-9) qualification, changing the affiliation of their organization or group is not subject to permission or reporting for changing or adding workplaces, but instead is subject to reporting for changes in foreign registration status. Additionally, those with a residence (D-7), business investment (D-8), or trade management (D-9) qualification who move within the same group of companies are also subject to reporting for changes in foreign registration status.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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