When hiring foreign workers in South Korea, employers must adhere to strict regulations and procedures. One of the most important aspects of this process is obtaining employment permission. This legal requirement ensures that foreign nationals can legally work in South Korea under specific conditions. This article provides an in-depth look at the process of obtaining employment permission, including its legal basis, procedures, and potential consequences for employers who fail to comply with the law.
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
Employment permission for foreign workers can be canceled under certain conditions. The head of the employment security office has the authority to revoke an employer’s employment permit if:
- Fraudulent or Improper Means: If the employer obtained employment permission through fraudulent or improper means, such as misrepresentation or false documentation, the permission can be canceled.
- Violation of Employment Terms: If the employer violates agreed-upon terms, such as wages or other employment conditions, before the foreign worker enters South Korea, the employment permission may be revoked.
- Failure to Maintain Employment Conditions: If the employer fails to meet the obligations outlined in the employment contract, such as delayed wage payments or violations of labor laws, the employment permission can be canceled.
If the employment permission for a foreign worker is canceled, the employer is required to terminate the employment contract within 15 days of the cancellation.
Why Understanding Employment Permission is Crucial for Employers
For employers in South Korea, understanding employment permission is crucial for ensuring compliance with labor laws and avoiding potential legal issues. The process of obtaining and maintaining employment permission helps safeguard both the rights of foreign workers and the integrity of the hiring process.
Employers must be diligent in adhering to the procedures for employment permission to ensure that foreign workers are legally employed and treated fairly under South Korean law. Failure to comply with these regulations can lead to significant legal consequences, including the cancellation of the employment permit and other penalties.
Conclusion
The employment permission process in South Korea is designed to ensure that foreign workers are employed legally and that employers comply with the country’s labor laws. By following the prescribed procedures and maintaining proper documentation, employers can hire foreign workers with confidence while avoiding any potential legal issues.
If you need further assistance with obtaining employment permission or navigating the legal aspects of hiring foreign workers in South Korea, it is advisable to consult with a legal professional experienced in labor laws.
3. About NYLA – Korean Legal Office
■ NYLA – Your Trusted Legal Partner in Korea
At NYLA, we understand that the success of foreign businesses in Korea requires not only a solid business strategy but also reliable legal support. With a team of experienced Korean attorneys and legal professionals, NYLA provides tailored legal services for companies, investors, and individuals operating or planning to establish a presence in Korea.
We support our clients throughout the entire business journey with comprehensive services, including:
- Legal consultation on company establishment, taxation, and immigration;
- Advice on commercial real estate, franchising, and product distribution;
- Support in human resources, marketing, and business strategy.
In addition to legal advisory, NYLA also represents clients in civil litigation cases related to business, labor, marriage, family, and inheritance to ensure their rights and interests are fully protected.
■ Contact NYLA
If you’re a foreign business or individual looking for a reliable legal partner in Korea, NYLA is here to help. We are committed to delivering effective, practical, and personalized legal solutions for every client.
With a proven track record of assisting hundreds of international clients, our team is equipped to help you navigate complex legal challenges—whether it’s commercial disputes, contract issues, or foreign investment guidance.
Don’t let legal matters hold you back. Let NYLA be your trusted guide in the Korean market.
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