Foreign Employment and Visa

Chapter 2. EMPLOYMENT VISA FOR FOREIGNERS AND IMMIGRATION CONTROL

Special Residence Permit

Not all individuals who violate the Immigration Control Law are subject to forced deportation. For example, even if a person is considered a candidate for forced deportation, if they have had previous South Korean nationality or have other "special circumstances" that require them to stay in South Korea, they can obtain a special stay permit from the Minister of Justice and reside in the country. "Special circumstances" refer to cases where a candidate for forced deportation has an F-5 visa status, received an award or commendation from the South Korean government, made a special contribution to South Korea, or has other special circumstances where staying in the country is deemed necessary for national interests or humanitarian reasons. In such cases, instead of being forcibly deported, individuals can obtain a special stay permit to reside in the country.



1. In March 2007, the Ministry of Justice granted special residency to four Mongolian undocumented immigrants who risked their lives to rescue 11 people during a fire at a mixed-use building construction site in Sindorim-dong, Guro-gu. This marks the first case where special residency was granted to undocumented immigrants for their outstanding contributions, taking into consideration the bravery and sacrifice of these individuals who risked their lives to save others in an emergency situation such as a fire. Despite being trapped in toxic gas and thick smoke, they helped rescue Korean workers who were stranded and led them to safety on the rooftop, even assisting firefighting personnel. However, they were in fear of being detected for their undocumented status and did not receive medical treatment, leaving the site without seeking any attention. The Ministry of Justice identified their identities by sending staff to the Mongolian embassy in Korea, nearby hospitals, and relevant organizations after reading media reports.
2. The Ministry of Justice recently granted special residency to “K”, a 17-year-old Korean fourth-generation teenager who was in undocumented status. “K”, a female student, was born in Uzbekistan to a Korean mother who was unmarried at the time. She came to Korea with her Korean great-grandmother in 2012 after her mother passed away in 2011. “K” struggled to adapt to elementary school and received alternative education through a designated school. However, after her great-grandmother, her only family member in Korea, passed away and there was no longer anyone to support her, she fell into an undocumented status. Upon hearing about her unfortunate circumstances from the school, the Ministry of Justice decided to grant “K” special residency so that she could continue attending school.

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

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