The number of illegal foreign residents staying in South Korea has long surpassed 400,000 (double that of neighboring Japan), and for certain countries, it's even difficult to estimate the number of illegal residents. Additionally, the number of immigration officers available to manage them is insufficient.
Furthermore, due to the social issue of population decline, accepting foreigners has become not a choice but a necessity. Considering the significant expansion of the selection number for K-POINT E74 (skilled labor force) by more than 17 times compared to 2022, and the relaxation of requirements for specific visas, it's clear that the immigration policy is rapidly adapting to incorporate foreigners.
One of the most significant changes in the process is the increasing importance of Korean language proficiency (basic competency requirements).
As the Ministry of Justice announced, "We need foreigners who can speak Korean well, not just foreigners who are good at welding." This clearly reflects the need for foreigners who can integrate into Korean society, and it seems that the system is being adjusted accordingly.
While one side is loosened, the other is tightened. There's a stricter approach towards illegal employment and residence, with enhanced crackdowns.
Many small restaurants and SMEs that do not meet the requirements to hire E9 workers from the Ministry of Labor often employ foreign students with D2, D10 visas. Regrettably, it's more common for these foreign students to work without obtaining part-time employment permits than with them.
Moreover, there have been instances where students, being caught for illegal employment, were deported back home when applying for visa changes to D10, E7, etc.
※ because the employer reported their income, making it traceable through the National Tax Service without needing to submit an income certificate
※ Income certificates do not need to be submitted as the National Tax Service can check all information through inter-agency connections.
Today, we will look into the importance of part-time employment permits and the consequences for D2, D10 students caught for illegal employment based on the current situation. Let's first examine the requirements and submission documents for the part-time employment permit.
Foreign Students (Part-time Jobs)
1. Basic Principle
- Foreign students (D-2, D-4) are not eligible for employment activities according to the "Immigration Control Act," hence profit-making or employment activities are prohibited in Korea
- However, if approved in advance by the affiliated university and the jurisdictional immigration office, they are allowed to engage in part-time jobs (simple labor, etc.) typically done by college students
2. Eligible Candidates
▶ ▶ Those who have a certain level of Korean language proficiency, dedicated to their primary activity of study, and verified by the university’s student affairs manager
① Study abroad (D-2-14, D-2-68)
- Visiting students (D-2-8) are eligible after 6 months from the date of status change (for visa holders, from the date of entry)
- Must have an average grade of C (2.0) or above from the previous semester based on the application date.
※ Exception for those in their first semester without issued grades
〈Korean Language Proficiency Standard〉
▶ Exception for English Track Course Language Proficiency
- Regardless of grade level, those meeting the standards of TOEFL 530 (CBT 197, iBT 71), IELTS 5.5, CEFR B2, TEPS 601 points (NEW TEPS 327 points) are considered to have met the Korean language proficiency standard.
※ Exception for students from countries where English is the native or official language, with document submission waived
② Language Training (D-4-1·7)
- Eligible after 6 months from the status change date (for visa holders, from the date of entry)
- Must have an attendance rate of 90% or above on average for all enrolled semesters
〈Korean Language Proficiency Standard〉
③ Job Seeking (D-10)
▶ (Eligible candidates) Those who have been allowed to change their residency status from study (D-2-1~4, D-2-7) to job seeking (D-10) and meet all the following conditions
- Have obtained an associate degree or higher from a domestic regular university and not more than 3 years have passed since the degree was awarded
- Holders of a valid TOPIK level 4 score, a passing certificate of the intermediate evaluation of the Social Integration Program, or a pre-evaluation score sheet (81 points or more)
- Those who have never resided under professional status (E-1~E-7)
- Individuals without any violation of the Immigration Control Act or other laws (excluding fines)
※ Excludes Technical Startup Preparation (D-10-2) and Advanced Technology Intern (D-10-3)
▶ (Activity Scope) Allowed areas for part-time employment activities of foreign students
※ Restrictions apply to manufacturing, construction, English kids cafes, etc
▶ (Permitted Hours) Allowed up to 20 hours per week within the residency period (unlimited on weekends)
※ Exceptionally, up to 30 hours per week (unlimited on weekends) for those holding a TOPIK level 5 or higher score, completers of the Social Integration Program, or those who have scored 60 points or more in the comprehensive evaluation, recognizing their exceptional Korean language proficiency
3. Restrictions on Permit
① ① Individuals who have received a residency extension under special cases for thesis preparation
- Individuals who have completed (or are expected to complete) the regular educational curriculum of the university but have been granted an additional or exceptional study visa for graduation requirements or thesis writing
② Individuals holding a research course (D-2-5) residency status
- Research students (D-2-5) who are already receiving a stipend for their research activities are not allowed additional part-time employment.
③ Individuals who have not obtained a part-time employment permit or have violated permit conditions
※ Exception: Individuals who have completed the regular courses for master's or doctoral degrees and received an extension under special cases for thesis preparation, not due to lack of diligence such as failing grades or attendance, may be exceptionally allowed to work part-time.
However, in such exceptional cases, the work is limited to 30 hours per week, and the unlimited allowance during holidays, public holidays, and vacation periods does not apply.
④ Activities contrary to good morals or other social order.
⑤ Activities at business establishments or employers who are restricted from issuing visas due to past illegal employment penalties.
⑥ Professional fields (E-1~E-7) activity scope.
⑦ Non-professional employment (E-9) and seafarer employment (E-10) industries
- Manufacturing, construction, crew members on ships over 20 tons, etc.
⑧ Activities at foreign language education facilities targeting minors
- English kids cafes, English camps, foreign language conversation academies, etc.
⑨ Activities as a courier, delivery service rider, substitute driver, insurance agent, home tutoring teacher, door-to-door salesperson, etc., classified as special forms of employment
⑩ Employment activities under dispatch, subcontract, or brokerage relationships
- Excluding cases where the Minister of Justice specifically designates regional universities that facilitate internship activities for students in cooperation with academia and industry, considering regional characteristics.
⑪ Remote work
- Within a maximum of 90 minutes in the metropolitan area and 60 minutes in regions, considered a reasonable distance.
(During the semester) Based on the university's location for assessment / (During vacation) Based on the university's location or residency for assessment.
4. Exceptions to Permit Restrictions
① Exceptionally allowing part-time employment in the manufacturing sector for those who have achieved TOPIK level 4 or higher, completed phase 4 or higher of the Social Integration Program, or scored 81 points or more in the preliminary evaluation, or completed the intermediate level 2 course at Sejong School.
② If the business registration certificate lists a combination of restricted sectors such as manufacturing, construction, etc., and other sectors, and the occupation listed on the "Part-time Employment Verification Form" submitted by the university is not a restricted sector, it is allowed.
③ Part-time employment activities at facilities related to foreign language education for minors are restricted, but individuals aiming to work as safety assistants, play assistants, etc., at English kids cafes or English camps, who submit a criminal record certificate issued by their government and a health examination certificate (including drug test results) issued by a medical institution designated by the Minister of Justice, are allowed.
- However, part-time employment activities as a conversation instructor (E-2) are not allowed (unless meeting the requirements and obtaining a permit for activities outside of residency status).
④ Part-time or full-time seasonal labor activities.
< Exceptions for Allowing Part-time Employment Activities in Professional Fields (E-1~E-7, excluding E-6-2) >
① Auxiliary activities in professional fields (E-1~E-7, excluding E-6-2)
- Assistant interpreter/translator, assistant cook, general office assistant, tour guide assistant, duty-free shop sales assistant, etc
② Internship activities of students linked to work-study programs in professional fields (E-1~E-7)
(Content) Allowing internship activities in professional fields (E-1~E-7) at external institutions and corporations
- Referring to cases where a contract is signed to work as an intern in an allowed area of professional fields (E-1~E-7), receiving a training allowance, regardless of credit acquisition, part-time employment is allowed.
(Allowed range) Once during the school term for a maximum of 6 months, unlimited during vacation
③ Internship activities of degree program students in professional fields (E-1~E-7) during vacation.
(Target) Degree program students (D-2) ※ Except for research study (D-2-5)
(Content) Allowing internship activities in professional fields (E-1~E-7) at external institutions and corporations during vacation
- Referring to cases where a contract is signed to work as an intern in an allowed area of professional fields (E-1~E-7), receiving a training allowance, regardless of credit acquisition, part-time employment is allowed
※ Even if part-time employment activities are conducted as auxiliary activities or internships in professional fields (E-1~E-7), if employment in certain professions requires specific qualifications under domestic law, those qualifications must be met
5. Allowed Hours
① Principle
ssociate/Bachelor's Degree) Within 25 Allowed Hours
- (Associate/Bachelor's Degree) Within 25 hours during weekdays
- (Master's/Doctoral Degree) Within 30 hours during weekdays
② Preferential Treatment
(Extended hours during weekdays)
- For those who meet the Korean language proficiency criteria for part-time employment permits, including
① students enrolled in accredited universities, ② students with excellent grades, or ③ individuals with excellent Korean proficiency, an additional 5 hours per week is allowed
※ Excellent grades: Individuals who have an average grade of A in the previous semester
※ Excellent Korean proficiency: Individuals who have achieved level 5 or higher in the TOPIK test or have completed level 5 of the Social Integration Program or passed the comprehensive evaluation
(Weekends, Public Holidays, and Vacation Periods Preferential Treatment)
- Degree program (D-2) students who meet the Korean language proficiency criteria for part-time employment permits can engage in part-time employment activities without restrictions on allowed hours during weekends, public holidays, and vacation periods during the semester
③ Strengthening Criteria
- For those who do not meet the Korean language proficiency criteria, regardless of whether they are students at accredited institutions or have excellent grades, the maximum allowed hours during weekdays are restricted to half of the maximum allowed hours.
- (Language Training, Associate/Bachelor's Degree) Within 10 hours during weekdays
- (Master's/Doctoral Degree) Within 15 hours during weekdays
6. Required Documents
① Passport, Alien Registration Card, Fee (exempt), Integrated Application Form (Form 34)
② Part-time Employment Verification Form for Foreign Students (filled out by the student affairs officer), Transcript or Attendance Certificate
③ Proof of Korean (or English) proficiency
※ Expired TOPIK score certificates or Social Integration Program preliminary evaluation score certificates are also accepted, and additional submission is not required if the submission of Korean proficiency documents has been confirmed in past residency applications
④ Compliance Confirmation Form for Part-time Employment of Foreign Students and a copy of the employer's ID
※ Only if the business registration includes manufacturing, construction, etc.
⑤ Copy of the Business Registration Certificate
⑥ Copy of the Standard Employment Contract (including hourly wage, work content, and hours)
※ Contracts between the parties listed on the business registration certificate are the norm, and employment contracts where employment and use are separated, such as through staffing agencies, are not permitted
Especially when reviewing the restrictions on permits, it is evident that compared to a few years ago, the regulations have become significantly more detailed, refined, and strengthened.
One of the frequently asked questions is about the employment period on the employment contract.
The same applies to both the part-time employment permit and the D10 training (intern) report.
The application cannot exceed the expiry date of the residency period.
That is, you cannot set the employment period beyond the expiry date of the residency period listed on the back of the foreigner's registration card.
Therefore, if the expiry date of the residency period is approaching, it is advised to first extend the residency and then apply for the part-time employment permit.
Regarding the restriction on delivery riders,
Delivery riders are excluded from part-time employment permits not only for D2, D10 foreign students but almost all visa categories (including G-1-5). The reason is that even if it's a simple labor job, the employment contract between the employer and the employee is not recognized.
Normally, it's not a salary system where wages are calculated hourly, but rather a daily wage based on the number of deliveries, which is already known socially.
The immigration office is aware of this, and delivery riders are never allowed a part-time employment permit, but there is one exception.
This exception applies when a direct labor contract is made with an employer, such as a restaurant, not a delivery service company.
For instance, if you work part-time at a Chinese restaurant, doing restaurant work and occasionally deliveries, you might be able to receive a part-time employment permit.
Lastly, regarding restriction ⑤, activities at business establishments or employers restricted from issuing visas due to past illegal employment penalties. "If an employer has been fined more than 5 million won for illegal employment of foreigners, they are restricted from employing foreigners." as I was informed by the criminal department.
Foreigner employment restrictions are not imposed by immigration but by the Ministry of Employment and Labor, which must file a complaint with immigration.
However, the applicant for the part-time employment permit for D2, D10 foreign students is the students themselves.
Thus, ⑤ means that if applying for a part-time employment permit targeting a business with a history of being fined more than 5 million won, the permit might be restricted due to the employer's fault.
If the sum of fines and penalty fees (summary orders) incurred while holding a D2 visa exceeds 2 million won, changing to a D10 visa is restricted, and if incurred while holding a D10 visa, extending the D10 visa is also restricted.
※ If the fine exceeds 5 million won, it qualifies for forced deportation. Thus, changing to another visa is also restricted.
If D2, D10 foreign students are caught for illegal employment, usually, if it's the first offense and the work period is short, the penalty is often mitigated to not exceed 2 million won. In other words, they are given a chance to stay once. Recent cases have followed this pattern.
※ Construction jobs are an exception. Immediate deportation. Also, being caught for illegal employment a second time qualifies for forced deportation.
Lastly, let's look at the penalty standards for illegal employment.
Illegal Employment Penalty Standards
1. Individuals who work without obtaining a residency status that allows employment activities (illegal employment foreigners)
2. Individuals who employ persons not holding a residency status that allows employment activities (employers of illegal employment foreigners)
※ For corporations, the dual punishment rule applies. Both the corporate representative and the corporation itself must pay fines, effectively doubling the penalty.
There's no way to invalidate the act of violation itself in cases of illegal employment. However, to mitigate the punishment as much as possible, remedial actions should be taken as soon as possible, and consulting with experts is recommended if such issues arise. If you encounter such situations, contact us for prompt support.
