Legal basis:
– Act on the Employment of Foreign Workers.
1. Procedures for Employment Permission for Foreign Workers
– Any employer who has filed an application for recruiting nationals shall, if he/she fails to hire new personnel despite efforts made for a job referral, apply for employment permission for foreign workers to the head of an employment security office.
– The effective term of applications for recruitment above shall be three months, but may be extended only once, as prescribed by Presidential Decree, if it is impossible to hire any new worker due to a temporary downturn in business conditions or any other reason.
– The head of an employment security office shall, upon receipt of an application, recommend an eligible person, from among those registered on the list of foreign job-seekers to an employer who meets the requirements prescribed by Presidential Decree in terms of the types and size of business, etc. eligible for the introduction of foreign workers.
– The head of an employment security office shall grant employment permission without delay to an employer who has selected an eligible person as recommended, and issue a written employment permit describing the name, etc. of such foreign worker.
– No person, other than an employment security office, shall intervene in the selection, referral, or any other employment of foreign workers.
2. Cancellation of Employment Permission for Foreign Workers
The head of an employment security office may issue an order to any of the following employers to cancel an employment permit:
- If the employer obtains the employment permission or the certification of exceptionally permissible employment by fraud or other improper means;
- If the employer violates terms and conditions of wages or other employment conditions agreed upon before the foreign worker’s entry into the Republic of Korea;
- If the relevant employment contract is found difficult to maintain because of the employer’s delay in payment of wages or other violation of any labor-related Act.
Any employer whose employment permission for foreign worker has been canceled shall terminate the employment contract with the relevant foreign worker within 15 days from the date of cancellation of the relevant permit or certification.
