Before hiring a foreign resident, check whether their visa status allows the work you have in mind. Article 18 of the Immigration Act says a foreign national needs a status that permits employment to work in Korea, and that no one may employ, or arrange employment for, a person without such status. The duty to check applies to both the employer and the job placement agency.
Work allowed by visa status
| Status | What work is allowed | Basis |
|---|---|---|
| F-5 (Permanent Resident) | No limits on activities | Immigration Act Art. 10-3(1) |
| F-6 (Marriage Migrant) | No limits on employment | Enforcement Decree Art. 23(2)3 |
| F-2 (Resident) | No limits, or only the previous field, depending on the sub-type | Enforcement Decree Art. 23(2)1 and 2 |
| F-4 (Overseas Korean) | No limits except simple labor and other restricted work | Enforcement Decree Art. 23(3) |
| E-7 (Special Occupation) | Only work within the permitted status | Enforcement Decree Art. 23(1), Act Art. 21 |
| D-2 (Student), D-10 (Job Seeker) | A status change or other permission is needed first | Enforcement Decree Art. 23(1), Act Arts. 20 and 24 |
F-5 and F-6: any field
F-5 holders are free from limits on activities and length of stay under Article 10-3(1) of the Immigration Act. F-6 holders are also free from employment limits under Article 23(2)3 of the Enforcement Decree. You can hire them for any occupation; before hiring, please check their status and permitted stay on the residence card.
F-2: check the sub-type
F-2 is divided into several items in Annex 1-2 of the Enforcement Decree, and the work allowed depends on the item.
- No limits (items Ga to Da, and Ja to Pa): minor foreign children of Korean nationals and spouses or minor children of permanent residents, people born in a marital relationship with a Korean national, recognized refugees, people who meet the Ministry of Justice criteria on age, education and income, people who invested in assets under Ministry of Justice criteria, people recognized for special contributions and their families, and people who meet the Ministry of Justice criteria for depopulation areas
- No limits while continuing their previous field (items Ra and Ba): foreign investors, and people who have lived in Korea for 5 years or more with their base of life in Korea
The residence card alone may not show which item applies, so please confirm the detailed status code and its basis before hiring.
F-4: check the restricted work
Under Article 23(3) of the Enforcement Decree, F-4 holders are free from limits except in these cases:
- Simple labor (except people recognized by the Minister of Justice who live or work in a depopulation area)
- Acts contrary to good morals or social order
- Cases where employment needs to be restricted for the public interest or order in the domestic labor market
The detailed scope is set by Ordinance of the Ministry of Justice, so check before hiring whether the job counts as simple labor.
E-7: only the permitted occupation and workplace
E-7 holders may only do work within their status under Article 23(1) of the Enforcement Decree, and must work at the designated workplace under Article 18(2) of the Immigration Act. To change or add a workplace they need prior permission under Article 21(1), and Article 21(2) prohibits employing, or arranging employment for, a foreign national without that permission. If you hire someone who already works on E-7 at another company, the workplace change permit comes first.
D-2 and D-10: change status first
D-2 and D-10 are not among the employment statuses in Article 23(1) of the Enforcement Decree. To hire a graduate of a Korean university full-time, they first need permission to change to a status such as E-7 under Article 24 of the Immigration Act. To do other work while keeping their current status, permission for activities outside their status under Article 20 is required.
How New World Job checks
Before introducing a foreign job seeker, Hwang Yunsang Job Placement Agency checks the residence card for the status, detailed code and permitted stay, and confirms that the job is allowed for that status. If a status change or workplace change permit is needed, Hwang Yunsang Administrative Agent Office prepares the employment justification letter and files the application on your behalf.