Foreigners enter and stay in Korea for a variety of purposes, including tourism, temporary visits, study abroad, and employment. Among them, employment accounts for a significant portion. Since the employment activities of foreigners have a great impact on the domestic employment market, Article 18, Paragraphs 1 through 5, of the Immigration Control Act (hereinafter referred to as the ‘Act’) stipulate restrictions on theemployment of foreigners. Looking at this in detail, it is as follows:
First, in order for a foreigner to work in Korea, he or she must obtain a residence permit allowing employment activities as prescribed by the Presidential Decree. Second, a person with a Residence Status that permits employment activities must not work in a place other than the designated place of work. Third, no one shall hire a person who does not have a residence permit that permits employment activities. Fourth, no one shall mediate or solicit the employment of a person who does not have a Residence Status that permits employment. Fifth, no one shall engage in an act of putting a person under one's control for the purpose of arranging employment for a person who does not have the status of sojourn that permits employment.
In this way, in order for foreigners residing in Korea to engage in employment activities, they must have a status of residence that allows them to engage in employment activities and must work at a designated place of work. In addition, since foreign employment activities are premised on employment, certain obligations are imposed on employers in relation to foreign employment activities. Meanwhile, employers who hire foreign nationals without the appropriate work authorization face legal consequences. In addition to potential imprisonment of up to three years or a fine of up to 30 million won, they are also responsible for covering all or part of the costs associated with the foreign national's departure, including airfare and other expenses.


Since "employment" refers to continuous and repetitive activities employed by others and performed for the purpose of remuneration, management activities or investment activities conducted as business operators or investors are not included in this. In the case of foreign professionals, employment in Korea is allowed only for some occupations that are deemed necessary in consideration of the substitution of people in the employment occupation and the domestic employment situation. In general, one-time lectures or appearances on broadcasts are not considered employment activities because they are not repetitive, but if you engage in activities involving remuneration with the intention of repeating them even once, they can be regarded as employment activities. Immigration and Foreign Affairs Policy Headquarters of the Ministry of Justice, [Explanation of the Immigration Control Act], 2011, pp. 241-242.

The term "employment" refers to a dependent labor contract that provides labor according to the employer's command and order. It is a contract that takes effect when one party agrees to provide labor to the other party and the other party agrees to pay remuneration. According to the Supreme Court's precedent, whether or not it falls under the Labor Standards Act should be determined based on whether the worker provided work to the employer in a dependent relationship for wage purposes to the business or workplace rather than in the form of a contract (employment contract, contract, etc.).
Even if there is no explicit employment contract, if there is a substantial employment relationship, it can be considered employment. In other words, even if the employer is a representative of the company, if there is a substantial employer, they can be punished as an illegal employer. For example, in the case of a construction site, the employment relationship structure includes the main contractor, who directly receives the subcontract from the client, the subcontractor, who receives some of the work from the main contractor, and the construction site team leader (also known as "Oyaji"), who receives subcontract work from the subcontractor. The actual employer is punished in this case. Recently, there have been various types of contracts, such as the dispatch of workers contract, which separates the employer and the employer, making it difficult to determine the scope of punishment for violators of Article 18, Paragraph 3, of the Labor Standards Act, which states that "no one shall employ a person who does not have a residence status".
In the following, we will examine in detail the employment restrictions for foreigners and the status of residence where employment activities are possible. First of all, "If foreigners want to get a job in the Republic of Korea, they must be eligible for residence to engage in employment activities as prescribed by Presidential Decree." (Article 18(1) of the Act). This is the general principle that "foreigners can stay in Korea within the scope of their status of residence and duration of stay." This provision can apply to almost all foreigners staying illegally depending on the interpretation, so it is necessary to limit the scope of application when deciding on immigration. Therefore, it is reasonable to apply regulations such as change of residence status or grant of residence status first and only to those without residence status (smugglers, forged passport holders, persons with suspension of departure period, etc.) and those without residence permits (Survey Execution Dept.-1132(2006. 6. 8).

Those who violate this regulation by specifying will be sentenced to up to three years in prison or fined up to 30 million won, or will be subject to compulsory eviction or departure orders.
of the Enforcement Decree of the Immigration Control Act specifically specifies the relevant persons and the scope of activities by status of residence. For example, those eligible for stay in job search (D-10) include short-term internships conducted by domestic companies and organizations as well as job search activities to get a job in specialized fields such as specific activity (E-7) qualifications.

< Types of Residence Status for Foreigners to Work in Korea >


The sojourn qualifications that allow foreigners to work in Korea include short-term employment (C-4), professorship (E-1), English language instruction (E-2), research (E-3), technical instruction (E-4), professional jobs (E-5), entertainment (E-6), specific activities (E-7), non-professional employment (E-9), seafarer employment (E-10), tourism employment (H-1), and visiting employment (H-2). In addition, those with residence (F-2), overseas Korean (F-4), permanent residence (F-5), or marriage immigrant (F-6) status are not restricted from employment activities according to the classification of Residence Status. However, there is no need to restrict employment for those who fall under the status of overseas Korean (F-4) for simple labor activities, speculative acts, etc., acts contrary to good morals and other social order, or to maintain other public interests or domestic employment order. If it is recognized that there is, employment activity is restricted.
For your reference, the sojourn activities of those with residency (D-7), business investment (D-8), and trade management (D-9) statuses may fall under commercial activities by their nature, but these may be business or investment activities. As this does not apply to employment activities, the Immigration Control Act stipulates it separately from the Residence Status that allows employment activities.


Second, “foreigners with a status of sojourn that permits employment activities must not work in a place other than the designated place of work” (Article 18 (2) of the Act). In other words, even if a foreigner has a residence permit that permits employment activities, to prevent disorderly employment activities, they are only allowed to work at designated workplaces. ‘Place of work’ is a concept related to employment in principle and refers to a specific place where a foreigner with a status of residence that allows employment activities works and a place where an employer can instruct (control) a foreigner to work within the scope of an employment contract. Foreigners who violate this rule are subject to imprisonment for up to one year, a fine of up to 10 million won, or forced deportation or an order to leave the country.
Here, it is reasonable to regard the case of violation of paragraph 2 as the case of working at a place other than the designated place of work within the scope of employment activities of the same status of sojourn without any change in the employment relationship. This is because, while a foreigner who violates paragraph 2 can be punished, there is no punishment for the person who hired him, and if the employer changes within the scope of the relevant Residence Status and the place of work is changed, Article 21 of the Act This is because it is regulated separately (workplace change and additional permission). For example, if a foreigner with non-professional employment (E-9) status of residence is caught working at a company other than the permitted company, the foreigner and the employer are punished for violating Article 21 of the Act.
In addition, if a foreigner with a Residence Status that allows employment activities goes beyond the scope of the Residence Status and gets a job in another field, punishment for violating paragraph 1 is possible. For example, if a foreigner with the Arts and Entertainment (E-6) qualification gets a job as an English conversation instructor (E-2), it does not fall under the ‘status of residence that allows employment activities’. In view of this purport, paragraph 2 seems to be aimed at regulating "the case of changing the place of work or place of work within the scope of activities of the same status of sojourn without changing the employer".
Third, “no one shall employ foreigners who do not have the status of residence that permits employment activities” (Article 18 (3) of the Act). A person who violates this regulation will be punished by imprisonment for up to three years or a fine of up to 20 million won. Here, the subject of paragraph 3 may be a domestic or foreign person, an individual, or a corporation. For example, hiring a person who does not have the status of residence to work as a housekeeper in a normal family can be regarded as a violation of the obligations of this article. In addition, if a foreigner with a status of residence that permits employment activities is hired in a field other than the scope of activity of the status of residence, this provision is also violated.
Some argue that the “status of residence under Paragraph 1” is a “qualification of residence that permits employment activities,” so foreigners can be hired as long as they have a residence permit that allows employment activities of any kind. However, since the scope of each activity is determined by the Residence Status that allows employment activities delegated by the Presidential Decree, if the foreigner concerned falls under illegal employment and the employer falls under illegal employment, they are deemed to be in violation of paragraphs 1 and 3, respectively. Immigration Policy Headquarters, Ministry of Justice, 『Commentary on the Immigration Control Act』, 2011, pp. 245-246.
For example, if a foreigner with the Residence Status in the Arts and Entertainment (E-6) works for a manufacturer outside the scope of his/her activities, the foreigner and the employer are punished under Article 18 (1) and (3) on charges of illegal employment and illegal employment, respectively.
Fourth, “no one shall arrange or recommend the employment of foreigners who do not have the status of residence that permits employment activities” (Article 18 (4) of the Act). However, the punishment differs depending on whether the brokerage or solicitation is a business. In other words, among those who mediate or recommend the employment of foreigners who do not have the status of residence to engage in employment activities, those who engage in business are punished by imprisonment for not more than three years or a fine of not more than 20 million won, and those who fail to do so shall be punished by a fine of not more than 5 million won.
Fifth, “no one shall place a person under his or her control for the purpose of arranging employment for a person who does not have the status of residence permitting employment” (Article 18 (5) of the Act).
Here, to put under one's own control refers to putting a foreigner in a state where he can influence the intentions and actions of foreigners by exercising de facto influence. For example, it is a case of supplying foreigners who entered Korea with a short-term visit (C-3) status to entertainment establishments while operating a sidewalk room.