LIMITATION ON PERIOD OF SERVICE OF FOREIGN WORKER IN KOREA

In recent decades, the Republic of Korea has increasingly relied on the contributions of foreign workers to support industries facing labor shortages. From manufacturing to agriculture, foreign talent fills crucial gaps in the workforce. However, employment of a foreign worker in Korea is not without legal limitations. One of the most important legal aspects to understand is the limitation on the period of service allowed for a foreign worker under Korean law.

In this article, we will explore the legal framework, employment limits, and exceptional cases that allow foreign workers to extend their stay and continue working legally in Korea.

1. Legal Foundation: Act on the Employment of Foreign Workers

The employment of any foreign worker in Korea is governed by the Act on the Employment of Foreign Workers. This Act provides detailed regulations regarding the conditions of employment, responsibilities of employers, and the rights and duties of foreign workers themselves.

A key provision under this Act is the time limit on how long a foreign worker may be employed in the Republic of Korea. Understanding this limitation is essential for compliance and future planning—both for employers and foreign nationals seeking job opportunities in Korea.

2. Standard Limitation on Period of Service for a Foreign Worker

According to Korean law, any foreign worker entering Korea under a valid work visa may be employed as a worker for a maximum of three years from the date of entry. This three-year limit applies uniformly to most categories of employment under the Employment Permit System (EPS).

During this time, the foreign worker must fulfill the terms of their employment contract, and employers are responsible for ensuring that no violations of the permitted duration occur.

This regulation serves several purposes:

• It prevents long-term dependency on foreign labor.
• It encourages the rotation of job opportunities among foreign nationals.
• It maintains balance in Korea’s labor market and protects domestic employment.

Employers and foreign employees alike must be fully aware of this three-year limit to avoid fines, visa violations, or loss of employment rights.

3. Exceptional Circumstances: Extension of Employment Period

Although the standard rule is clear, there are exceptions that allow certain foreign workers to continue working beyond the initial three-year period. These special provisions are designed to support continuity in business operations and acknowledge situations where replacing an experienced foreign worker is not feasible in the short term.

A foreign worker may be granted one-time extension of up to two additional years, but only under the following conditions:

3.1. Foreign Worker Employed by a Permitted Employer

If the foreign worker is employed by a business that has received an official employment permit from the government, and the employer applies for re-employment before the end of the worker’s initial three-year period, an extension may be granted.

This request must be submitted to the Minister of Employment and Labor, who will review the application and determine whether the worker is eligible for extended employment.

3.2. Foreign Worker Employed Under Exceptionally Permissible Conditions

In some cases, the employer may have received a certification of exceptionally permissible employment. If so, and they request the re-employment of the foreign worker before the initial three-year term ends, the Minister may approve the extension under special consideration.

These exceptions are particularly important for employers in industries that rely heavily on skilled foreign workers or where training new workers would lead to operational delays or productivity loss.

4. Responsibilities of Employers and Foreign Workers

Both parties share responsibility in complying with the employment duration regulations. Here’s what each must do:

• Employers must monitor the employment period of each foreign worker they hire. If they wish to retain the worker beyond the three-year limit, they must submit a re-employment request well in advance.
• Foreign workers must understand the terms of their employment and avoid overstaying their legal working period in Korea. Failing to comply may lead to deportation or future visa restrictions.

Proper documentation, communication with the Ministry of Employment and Labor, and timely action are crucial for a successful extension.

5. Planning Ahead: How to Manage Foreign Worker Employment Legally

To ensure full compliance with Korean labor law, it is highly recommended that employers develop internal tracking systems for all foreign worker contracts. Knowing when each employee’s three-year period ends allows employers to:

• Prepare re-employment applications early
• Arrange for the return and replacement of workers
• Maintain workforce stability without legal issues

For foreign workers, understanding these limits helps them make informed decisions about their career path in Korea and plan their long-term goals.

6. Final Thoughts

The limitation on the period of service of a foreign worker in Korea is one of the most important regulations under the Act on the Employment of Foreign Workers. While the standard maximum duration is three years, select cases may qualify for a one-time, two-year extension. These rules are in place to balance Korea’s labor needs with fair immigration and employment policies.

If you are a foreign worker or an employer of one, staying informed about these legal requirements is the key to building a sustainable and lawful working relationship in Korea.

7. 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.

■ Get in touch with NYLA for expert legal support

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