Foreign Employment and Visa

Chapter 1. FUNDAMENTALS

Obligations of Foreigners Under the Immigration Control Act



There is a saying, "When you go to Rome, you must obey the Roman law." For example, it is no use for Koreans staying in the U.S. to go to the U.S. immigration office and complain that they have become illegal immigrants because they do not know the U.S. immigration law or immigration regulations and do not get permission to extend their stay on time. Likewise, foreigners staying in Korea are fined for violating the Immigration Control Act due to ignorance of the law, and even they are ordered to leave or forcibly evicted. Therefore, in order for foreigners staying in Korea not to be damaged by ignorance of the law, it is necessary to know the various residence permits and reporting systems stipulated in the Immigration Control Act.


In the following, we will take a closer look at the obligations and reporting matters that foreigners must abide by while staying in Korea under the Immigration Control Act.
First, a foreigner who has entered the country with a long-term visa of 91 days or more must apply for alien registration at the local immigration office that has jurisdiction over the place of stay within 90 days from the date of entry. However, employees and their families of foreign diplomatic missions and international organizations in Korea, persons who enjoy privileges and immunities similar to those of diplomats or consulates pursuant to an agreement with the government of the Republic of Korea, their families, persons invited by the government of the Republic of Korea, etc., as specified by the Ordinance of the Ministry of Justice, are exempt. However, even in this case, foreigners can apply for alien registration if they wish. Violation of alien registration obligations may result in a fine of up to 10 million won or deportation.
Second, if a foreigner intends to continue to stay in Korea beyond the period of sojourn, he or she must obtain permission for an extension of sojourn before the period of sojourn ends. For example, the maximum period of residence for a student (D-2) visa holder is 2 years, so if you want to continue studying, you must obtain permission to extend your period of residence. In principle, applications for permission to extend the period of sojourn must be made four months prior to the expiration of the period of sojourn. However, in the case of an early application due to unavoidable reasons such as overseas employment or study, processing is exceptionally calculated from the expiration date of the period of sojourn. If you stay in Korea without permission to extend the period of residence, you become an illegal resident. If you are caught, you may face a fine of up to 30 million won or be subject to forced deportation, depending on the duration of the illegal stay period.
Third, if a foreigner intends to engage in an activity that corresponds to a different status of residence after completing the activities corresponding to the existing status of residence, he or she must obtain permission to change the status of sojourn in advance. For example, if a student visa holder gets a job as a researcher after graduating from university, the student status changes to a researcher status, which is called a change in status of residence. If you are caught without permission to change your residence status, you may be fined up to 30 million won or deported.
Fourth, when a registered foreigner intends to engage in an activity corresponding to a different residence status (collateral activity) in parallel with an activity corresponding to his or her residence status (main activity), he or she must obtain permission for an activity outside the residence status. For example, if a foreign student wants to work part-time at a convenience store, he or she must obtain permission to engage in activities other than the status of residence. If you are caught working without permission for part-time work, you may be fined up to 30 million won or deported for violating the permission to engage in activities other than the status of sojourn.
Fifth, if a foreigner residing in Korea wishes to change or add his/her place of work within the scope of his/her status of sojourn, he/she must obtain permission in advance to change/add his/her place of work. However, those with specialized knowledge or skills (holders of E-1 to E-7 status of residence) only need to report within 15 days of changing or adding their place of work. If you are caught hiring or arranging employment for a foreigner who has not obtained permission to change or add a workplace, you may be fined up to 10 million won or deported.
Sixth, a foreigner who was born in the Republic of Korea and stays without a residence permit must be granted a residence permit within 90 days from the date of his birth. However, a foreigner who stays in the Republic of Korea without a status of residence for other reasons, such as loss of Korean nationality or renunciation, must be granted a status of residence within 30 days from the date of occurrence of the reason. If the status of residence is not granted within that period, a fine of up to 10 million won or deportation may be imposed.
Seventh, when a person hires a foreigner capable of job hunting, when the foreigner is fired, or when the foreigner retires or dies, when the whereabouts of the employed foreigner are unknown, or when important details of the employment contract are changed (change of employment contract period, change of employer or representative, change of place of work name, change of place of work) it must be reported to the head of the local immigration office within 15 days of knowing the fact. Failure to do so will result in a fine of not more than 2 million won.
Eighth, when a registered foreigner changes his/her place of sojourn, within 14 days from the date of moving in, report the change of place of sojourn to the head of a city/county/district or eup/myeon/dongof the new place of sojourn or the head of a local immigration office having jurisdiction over the place of sojourn. should do If a registered foreigner has changed his/her place of sojourn but does not report it, it is difficult to ascertain the foreigner’s whereabouts and to investigate whether the foreigner is legally active within the scope of his/her status of sojourn. Unlike the punishment, it is punishable by a fine of not more than 1 million won.
Ninth, in principle, foreigners must apply for various types of residence permits, such as extensions of stay period. However, if the foreigner is under the age of 17 or there is a reason such as illness, housekeeping, or work-related circumstances, an agent can apply with a power of attorney from the person in question. In this case, it should be noted that if the principal applies for various residence permits by airlifting his/her passport while abroad, the agent's application is not permitted as it is illegal.
Tenth, the head of a local immigration office may restrict the application of an agent in cases where the applicant's presence is deemed necessary to examine the reasons for applying for various types of residence permits and the status of the applicant's sojourn. In addition, if it is revealed that the agent has applied for various residence permits in false or other illegal ways, the permits, etc., may be revoked or changed. The Ministry of Justice amended the Immigration Control Act in March 2016, adding Article 26 (Prohibition of Submitting False Documents) in response to the frequent occurrence of submitting false documents in various types of residence permit applications. Anyone who engages in fraudulent activities, such as submitting altered documents or providing false information in applications for various types of residence permits, or those who facilitate or encourage such unlawful acts, shall be subject to imprisonment for up to 3 years or a fine of up to 20 million Kwon.

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

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