Whether committed knowingly or unknowingly, employing foreign nationals without obtaining the required work permit is not something that can be rectified. However, depending on the circumstances, there is a possibility of receiving a reduction in the fines that must be paid.
Please refer to the information below regarding the fines that employers who illegally employ foreign nationals without work permits ↓
Today, I would like to share a case where an employer who engaged in the illegal employment of foreign nationals received a 50% reduction in fines by accompanying me to the immigration office to make the payment.
※ It's important to note that the maximum reduction allowed for fines imposed on employers who illegally employ foreign nationals without work permits is 50%. This reduction applies if the business has faced financial difficulties or has closed down due to various reasons.
Here's the story
The client was a young franchise owner of a chicken restaurant. One day, a foreign national who spoke Korean well approached and requested a part-time delivery job. The owner, who was unaware of foreign employment and immigration matters, hired the foreign worker for part-time work, offering an hourly wage of 13,000 KRW for 3 to 4 hours a day. One day, while the foreign worker was making a delivery, an accident occurred that led to hospitalization and subsequent workers' compensation claim processing. During this process, it was revealed that the foreign worker held an E-9 visa. As a result, the young owner found himself in a situation where he had to pay a fine of 9 million KRW.
※ It's important to note that E-9 visa holders are not allowed to work in delivery jobs. They can only work at the specific workplace where they are registered, as indicated on their employment permit.
When I requested the young chicken restaurant owner to send pictures of the foreign worker's foreigner registration card via messaging, he responded by asking, "What's a foreigner registration card?" He genuinely didn't know, and in this situation, he had no knowledge of eligible work statuses or permissions for changing workplaces. He considered the call from immigration authorities as a voice phishing attempt.
He felt frustrated because he had simply hired the worker without knowing these details. The financial situation also wasn't favorable, adding to his frustration.
※ he saw only his mother and he frying chicken.
Upon hearing the client's story, I proceeded with the following steps
1. petition
2. Providing Evidence of Poor Business Financial Conditions
- Documents such as bank debt confirmation statements and records of overdue rent payments can be used as evidence.
Accompanied the client and submitted the petition along with the evidence to the investigating officer.
During this process, I acknowledged that the lack of awareness was a contributing factor, and now that the client had gained understanding, similar mistakes would not be repeated.
Considering the challenging financial situation, I humbly requested leniency and understanding from the authorities.
The sincerity of the appeal seemed to resonate, as we were granted a reduction of up to 50% of the fine amount.
As we were leaving the law enforcement agency, I took a moment to speak to the young owner. I conveyed that despite the situation, the handling of the case had been quite favorable. I emphasized that now that he was aware of the regulations, avoiding the same mistake in the future would be key. If he considers hiring foreign nationals again, I advised him to focus on individuals with F2, F5, F6 visas, or those with resident registration cards. I highlighted the importance of remembering the "F" visas. Additionally, I told him that if he ever felt uncertain, he could reach out to me for assistance.
As mentioned earlier, whether the violation was committed knowingly or unknowingly, the act itself cannot be undone. However, when faced with such situations, seeking guidance from experts is more productive than being caught off guard.
For issues related to illegal employment, unlawful stays, illegal residency, or any concerns regarding immigration investigations, please feel free to contact me at any time. I am committed to finding the best solutions tailored to each individual situation, working diligently to resolve problems to the best of my abilities.