Legal status for foreign workers(based on the acts related to labor relations)

• The acts related to labor relations including Labor Standards Act, Minimum Wage Act, Occupational Safety and Health Act, etc. are applied to both Korean and foreign workers
• With regard to violation of labor contract, unfair dismissal, and other illegal and unfair treatment of foreign workers by the business owner, however, the application of Article 11 of the Labor Standards Acts, which stipulates the remedy for violation of rights through the labor committee, is excluded
• Business or business sites hiring relatives who are living together, or household employees are excluded as well
• 4 schemes of social insurance including national pension, health insurance, employment insurance, and workers' compensation insurance are provided

Duration of employment of foreign workers

• A foreign worker may be employed for up to three years from the date on which he/she enters the Republic of Korea and reemployment of those who did not pass 6 months after leaving the country is disallowed under the employment permit system (Article 18-3 of the Act on Foreign Workers' Employment, Etc.)
• For those, whose diligence of working was validated, he/she may be employed again after 3 months of leaving the country
• A foreign worker who applies for reemployment after the expiration of employment period (3 years), he/she may extend his/her employment for up to 13 months (total length of stay: 4 years and 10 months)
• In accordance with the Act on Foreign Workers' Employment, Etc., a foreign worker whose maximum period of employment of 3 years is expired may extend his/her employment contract by 13 months if the business owner applies for his/her reemployment 30 days (up to 7 days) before the expiration of duration of stay.

Countries that adopts the KBIZ foreign worker employment system (16 countries)

Nepal, East Timor, Laos, Mongolia, Myanmar, Bangladesh, Vietnam, Sri Lanka, Uzbekistan, Indonesia, China, Cambodia, Kyrgyzstan, Thailand, Pakistan, Philippines

Application form for foreign workers

• 1. A copy of (statement) application (attached form)
• 2. Passport
• 3. A color photo (3 cm x 4 cm taken within the last 3 months)
• 4. A copy of business license
• 5. Fee : Revenue stamp of Korean government (KRW 30,000 per person)
  • Some immigration offices may request to submit medical exam report and the receipt of workers' compensation insurance
• 6. Drug screen result form
  • The result form shall be submitted in a sealed envelop
  • An electronic notification on the result of drug screen is sent by the inspection agency to the immigration office when the test is carried out at the site of foreign worker transfer