FAQ
If the workplace is changed under the orders of the Employment Permit System, will it include the number of workplace transfers?
- When an employment permit is issued by the Employment Center, the labor contract between the employer and the foreign worker has been established, and in accordance with Article 25, Paragraph 1 of the Act on Foreign Workers’ Employment, etc., employment restrictions placed on the workplace can be considered as a reason for changes in workplace.
Are foreign workers whose status have been adjusted from D-3 to E-9 subject to the “Act on Foreign Workers’ Employment, etc.”?
- With the revision of the Enforcement Decree of the Immigration Control Act on June 1, 2007, the resident status of foreign workers with the D-3 status that are from countries that have entered a Memorandum of Understanding with the Korean Government will be changed to E-9 upon expiration of the previous status, making them subject to the Act on Foreign Workers’ Employment, etc.
Is physical assault from the employer a valid reason to request a workplace transfer?
- Under Article 25, Paragraph 1 of the Act on Foreign Workers Employment, a workplace transfer for foreign workers is allowed if the employer is deemed responsible for the assault.
- “It is acknowledged that the foreign worker is unable to work at the current workplace due to reasons other than his own.” Therefore, it is decided that a workplace transfer is valid.
Is a workplace transfer possible due to a foreign worker’s illness?
- If the worker has been diagnosed with “irritant contact dermatitis” and “xeroderma,” issued a doctor’s opinion stating that “further involvement in the fishing industry will aggravate the disease,” Considering that due to the nature of fishery, which makes it difficult to avoid wind and seawater, understanding that it is difficult for the worker to remain in the industry, an exception is made to allow a workplace transfer to a different industry.
- However, the occupation can be changed to the agricultural and livestock industries only.
※ The above case is an example of a transfer permitted as an exception after clearly confirming the foreign worker’s illness.
Can a worker with a manufacturing visa switch to a different industry and revert back to the manufacturing sector?
- If a foreign worker that entered Korea on a manufacturing industry visa requests a workplace transfer to an industry different from manufacturing, such as agriculture, livestock or fishery, or construction, a transfer between the industries is allowed, so if there is a justifiable reason for requesting a transfer, the requesting employee can move to a different industry, which in this case is manufacturing.
Will there be assistance for the foreign worker if one month has passed after the workplace transfer period expired because he was not told that there was a change of employment?
- The Employment Center is mandated to place special attention, in arranging workplace transfers within a 1-month period by periodically obtaining a list of foreign workers whose employers reported change of employment, but did not request workplace transfers.
Will the workers, who were not able to find a new occupation after the closure of their workplace, receive help? (If the worker was unable to find a job within the job search period)
- Workers unable to transfer to a new workplace (find a new job) within the 3-month job search period, or those whose employment terms (3 years or 4 years and 10 months) have expired must return to their home country.
Assistance in Workplace Transfers, and Unauthorized Leave from Workplace Resulting from Job-Related Accidents
- In the case of a worker who left the workplace without authorization because he was not able to work after a work-related accident and received a recuperation approval, a request was filed to clarify his status with the Immigration Office by submitting a workplace transfer application along with a Leave Withdrawal Report. This is one of the precedents regarding such issue.
What is retirement allowance?
- When a worker leaves the company after one or more years of employment, the user must provide 30 days’ worth of regular wage accrued per every year worked.
When can retirement allowance be not disbursed?
- If a foreign worker left on his own behalf : Foreign workers with less than one year of continued employment are not eligible to receive pension payments.
- cannot redeem departure guarantee insurance
How do you calculate the departure guarantee insurance and retirement allowance payments?
- Article 21, Paragraph 3 of the Enforcement Decree of the Act on the Employment, etc. of Foreign Workers : If the amount of lump-sum benefits of the departure guarantee insurance, etc. under paragraph (2) is less than the amount of retirement allowance under Article 8 Paragraph 1 (referring to Article 8-2 of the Enforcement Decree of the same Act in the case of businesses or workplaces ordinarily employing 4 workers or less) of the Employee Retirement Benefit Security Act, the balance shall be paid to the foreign worker.
What is workplace sexual harassment?
- If an employer, superior, or a worker uses their status or in relation to the work to do the following to another worker:
- 1) Causing sexual humiliation or disgust through sexual words and conduct
- 2) Causing disadvantage at the workplace for not complying with sexual and other demands
What is the criteria for sexual harassment in the workplace?
- Sexual Words and Conduct
- 1) Physical Actions
- Physical contact including, but not limited to, kissing, embracing, and grabbing from the back
- 2) Verbal Actions
- Conducting obscene conversations (including phone calls) or jokes
- 3) Visual Actions
- Posting or viewing obscene photographs, illustrations, drawings, etc.
- 4) Other words or actions that bring about sexual humiliation or disgust
In the case of discrimination at work
- Causing disadvantages to working conditions one-sidedly by dropping out from promotions and hiring, and cutting one’s wage
How do you prevent and handle sexual harassment in the workplace?
- How to handle sexual harassment
- 1) Firmly express your refusal to the perpetrator
- 2) Obtain evidence
- Record specific details such as date, time, and location
- 3) Request your superiors for assistance and measures against sexual harassment
- 4) Consult or report sexual harassment to labor-related government authorities
- - Phone: 1644-3119
- Mobile App: Report Non-Compliant Worksites App
- On the Web: www.moel.go.kr or m.moel.go.kr
Medical Assistance
- Free Medical Clinic for Foreign Workers by the Ministry of Health & Welfare
Medical Assistance
Scope |
Inpatient Fees, Operation Fees (Outpatient Fees Excluded) |
Designated Hospitals |
National Medical Center, Regional Public Hospitals (34 Locations), Red Cross Hospitals (6 Locations), Medical Institutions Approved by Municipalities (17 Locations) Total of 57 |
Support Range |
For ordinary illnesses, costs of up to KRW 5 million will be supported. For severe illnesses, the full amount up to KRW 10 millionwill be supported if a statement containing the medical facility’s review and reason for additional costs is submitted (For amounts exceeding KRW 10 million, 80% of total costs will be supported) |
Required Documents |
Passport, Alien Registration Card (For Cardholders), etc. |
For More Information |
Health and Welfare Call Center Toll-free 129 |
Minor Offences
- The “Punishment of Minor Offenses Act” regulates minor offenses that cause harm to others and disrupt public order.
Categories of Minor Offenses Subject to Fines
Categories of Minor Offenses Subject to Fines |
Littering or dumping cigarette butts, gum, wastepaper, trash, and other rubbish |
Spitting, urinating, or defecating on streets, parks, and other public spaces |
Failing to remove excrement of any animal, such as a dog |
Recklessly damaging nature by picking plants or flowers, or carving letters on rocks and trees in parks and camping sites |
Provoking a fight or standing in one’s way without justification |
Causing excessive noise with instruments, radios, televisions, and other appliances |
Disturbing the peace by talking or singing loudly |
Cutting in queues/lines at stations, bus stops, etc. |
Assault and Other Crimes
- Crimes such as inflicting physical injury on someone, making threats, breaking into others’ property, and damaging property of others will result in prosecution.
Assault and Other Crimes
Case |
After physically & verbally assaulting a worker at a barbecue restaurant for dissuading his order for alcohol, “A” was placed under imprisonment in court (May 2012) |
4 people including “B” were arrested for confining and assaulting a fellow worker for not paying back money lent for gambling (May 2009) |
6 people including “C” were arrested for forming a criminal gang and inflicting physical injury (June 2011) |
Traffic Violations
- The Road Traffic Act regulates the activities and responsibilities of drivers and pedestrians.
Traffic Violations
Categories of Minor Offenses Subject to Fines |
Passing through vehicular paths on roads with clearly distinguished lines between vehicular and pedestrian paths |
Unauthorized walking on vehicular roads without utilizing crosswalks and footbridges |
Placing any objects that can impede traffic on the road |
Wandering on a road while intoxicated |
Lying, sitting, or standing on a road in a manner that impedes the traffic flow |
Throwing out any objects or projectiles from a moving vehicle |
Operating and riding a motorcycle without a safety helmet (driver and passenger alike) |
Operating a motor vehicle without a license |
Operating a motor vehicle while intoxicated |
Gambling Crimes
- Aside from short-term entertainment, gambling with money can be prosecuted as a gambling crime. If it is found to be habitual, the offender will receive additional punishment.
Gambling Crimes
Case |
18 people including “A,” who created a space for foreign workers and maintained a gambling house with 6 mahjong machines in a city in Gyeonggi-do, and “B” who gambled at the location were prosecuted (June 2012) |
“A,” who brought in mahjong machines from China and ran a gambling house in a restaurant with 13 others, and 84 habitual gamblers were prosecuted |
Working in Adult Entertainment
- Consuming alcoholic beverages with guests or partaking in any activity that provides adult entertainment to guests in karaokes and other venues, or soliciting others to do the above activities will lead to prosecution.
- If found to be engaged in adult entertainment, a forced deportation may be exercised.