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Writer's picture차동석

D3 Visa (Technical Training) Targets, Eligibility Criteria, Invitation Extension, Required Documents

Updated: Jan 23



Eligibility

① The following individuals are eligible for training at a technical training institution

1. Foreign individuals who are production employees of a foreign joint venture corporation, which is legally established and has been operating for more than 3 months under the laws of the relevant country, and are deemed necessary for training because they cannot or find it difficult to acquire technology in their country.

2. Foreign individuals who are production employees of foreign companies that have imported technology through a technology introduction or technology alliance contract of USD 100,000 or more with a Korean company, or have imported a plant worth USD 500,000 or more of the ship delivery price from a Korean company, and are deemed necessary for training for the operation of such technology or plant.

② The Minister of Justice may allow training before the normal operation even for key functional personnel who meet all of the following conditions, when it is recognized that a foreign joint venture corporation or a local corporation of our company will operate normally within 3 months and the trained staff are absolutely necessary for normal operation. However, in this case, it cannot exceed 30% of the permitted training personnel.


1. Individuals with more than one year of work experience in a similar field

2. Holders of a technical qualification certificate in the field or those with at least a bachelor's degree in the field

③ The head of the immigration and foreign affairs office must obtain the approval of the Minister of Justice by attaching documents proving the necessity of training when intending to permit training for the first foreign trainee in a technical training institution with a direct investment amount of less than USD 100,000 in foreign countries.


Trainee Qualifications

1. Healthy individuals aged 18 to 40 2. Work experience in a local corporation of more than 3 months (however, key functional personnel according to Article 2, Clause 2 are excluded) 3. If they have previously stayed in the country as a trainee, they should have left the country for more than 1 year 4. Must have obtained a score of Level 2 or higher in the Korean Proficiency Test from the National Institute for International Education or Level 2 or higher in the Korean Language Ability Evaluation Test (KLAT). (However, those who “have earned a bachelor’s degree or higher from a domestic university” or “want to train at a technical training institution that submits a ‘Korean education implementation pledge’ that includes content such as ‘Assigning more than one interpreter per 100 trainees at all times and conducting more than 5 hours of Korean education per month after the trainee enters the country” are excluded)


Interpreter Qualifications

1. The interpreter should be able to speak both the native language of the technical trainee and Korean at the same time, and should always be on hand to interpret at any time during the training process of the technical trainee.

2. The Korean language requirement for interpreters is limited to those who have a TOPIK Level 4 certificate or higher, or have completed Level 4 or higher in the Social Integration Program operated by the Ministry of Justice for foreigners (including naturalized citizens)


3. In the case of Koreans, they should possess a medium-level certificate in the relevant foreign language ability test or have lived in the relevant country for more than 3 years. If they are interpreting in English, not their native language, they must prove the English conversation skills (TOEIC 700 or higher) of all the trainees.



Training Acceptance Quota Standards

1. The total number of domestic regular workers (excluding temporary positions and technical trainees) is within 8%, but it cannot exceed 200. If it exceeds 200 due to unavoidable circumstances, approval from the Minister of Justice is required. 2. When inviting foreign nationals of Korean descent as technical trainees

In addition to the quota of the first category, an additional 50% of the foreign nationals of Korean descent can be accepted as technical trainees. However, the total number of trainees cannot exceed 50% of the maximum quota in the first category. 3. When inviting technical trainees from a company with excellent trainee management

An additional 30% within the upper limit of the first category's quota is allowed. ※ The head of immigration and foreign affairs must obtain approval from the Minister of Justice, specifying the reason if they want to permit a number of trainees exceeding the standards set in the first provision. However, in this case, the number of trainees cannot exceed 50% of the quota.


▶ Even if a technical training company invites trainees for different training purposes, the total number of trainees that the company can train cannot exceed the quota set by the first provision.

▶ The head of immigration and foreign affairs can exclude from the trainee acceptance quota the number of technical trainees who left the training place, if the trainee management was poor and more than 10% of the technical trainees invited within the past year from the date of application for the visa issuance certificate have left (only if the number of departures is more than 2). However, this does not apply if the technical training company has dutifully fulfilled its duties stipulated in Article 19 of the Immigration Control Act and its ordinance, has taken substantial precautions to prevent trainee departure, has found and reported the whereabouts of the departed trainee, and has made significant efforts for the departure of the trainee, including bearing the cost of leaving the country. ▶ If a technical training company has multiple workplaces in different locations, the training acceptance quota applies to each workplace (based on business registration) according to the detailed criteria in the first provision. ※(Detailed Criteria) If the head office makes a direct investment or exports plants/technology, training must principally take place at the head office, but exceptions can be made for branch offices if training at the head office is not possible (training students cannot be assigned to the branch office if they are trained at the head office). If a technical training company has set up branches in two or more locations and registered the business, the branches that meet the technical training requirements can each receive trainees for training. However, the quota for each branch is determined based on the number of domestic regular workers at each branch. ▶ When several domestic industries invest jointly overseas, the total training acceptance quota is based on the domestic company with the highest number of regular workers, and each investing company can receive technical trainees for training within the permitted quota. However, training is only allowed for one company in the same field.



Training Period

① In principle, the training period for a technical trainee cannot exceed 6 months from the day of entry. However, if the head of the immigration and foreigner agency acknowledges the need for additional training, the training period can be extended within a limit that does not exceed 1 year from the day of entry.

② If a technical trainee wishes to extend their stay, they must submit a "Training Period Extension Application Reason Statement" signed by the head of the training institute where they are receiving training to the head of the immigration and foreigner agency. ※ The practical training ratio of a technical trainee cannot exceed 70% of the total training time.


Documents required when extending the training period

1. Training period extension application reason statement (separate form)

2. Business registration certificate and factory registration certificate or factory registration certificate (only applicable persons submit)

3. Domestic corporation tax certificate

4. Local corporation tax fact related proof documents

- Tax receipt (corporate tax, VAT) for business activities

- Various public utility payment receipts (electricity charges, water charges, property tax, land tax, etc.)

5. Documents confirming the payment of trainee wages and training allowances

- Wage ledger for trainees paid by the local corporation (recent 1 month)

- Payment ledger for training allowances paid by domestic companies

6. Performance check documents for training activities (training performance evaluation documents)

- Training diary, interview diary, Korean language education diary (only applicable persons submit)

7. Original of the identity guarantee letter

8. Industrial Accident Compensation Insurance, National Health Insurance subscription certificate, and guarantee insurance subscription certificate for unpaid training allowances

9. Proof of residency documents (lease agreement, lodging confirmation, notice of expiration of stay period, public utility payment receipt, dormitory fee receipt, etc.)


Documents to submit for visa issuance confirmation application (in case of invitation)

1. Visa issuance confirmation application form (Form No. 21), passport copy, standard specification photo 1 piece 2. Documents proving that the invitee meets the technical training requirements

① Copy of local corporation registration certificate (or establishment permit) (consular confirmation)

② Job certificate issued by the head of the local corporation and passport copy (consular confirmation)

③ Korean language proficiency data 3. Training plan that can confirm the training content 4. The sponsor's identity guarantee (if there are more than 2 guarantors, attach the “invitee list” to the visa issuance confirmation application form and write only one) 5. Documents that can prove that the inviting company is a training-allowed company ① In case of overseas direct investment companies

- Overseas direct investment report (review) (Original check required)

- (In case of cash investment) Transfer receipt or transfer confirmation letter (original or bank original check required)

- (In case of in-kind investment) “Export license” issued by the customs (Investment certification number check in the approval number column

※ If there is an uninvested portion in the overseas investment report and approval amount, submit a future investment plan for the uninvested portion

② In case of technology export companies

- Copy of technology export contract (Korean)

- If approval of the Minister of Knowledge Economy is required under the 'Foreign Trade Act' or 'Law on Prevention and Protection of Industrial Technology Leakage', submit the approval letter.

③ In case of plant export companies

- Plant export approval (including change approval) 6. Documents proving the number of permanent domestic workers of the inviting company required for calculating the training allowance

- 'Insurance Qualification Details by Business Place' printed from the Ministry of Labor's website (Employment Insurance Site) is received and confirmed. 7. Material to confirm the training environment, such as the availability of in-house training facilities (workshops) and appropriate accommodation facilities (photos of the inside of dormitory facilities, etc.)



Assessment Points for Visa Issuance Approval when Inviting Trainees

1. Whether the individual is being utilized as simple labor instead of for training purposes


2. Availability of in-house training facilities (workshops) and suitable accommodation facilities, and overall training environment


3. Personal qualifications of the trainee, including Korean language proficiency, possession of technical skills or qualifications, and educational background

4. Appropriateness of the number of training applicants (considering the number of permanent production workers in the overseas corporation, whether there are any personnel dispatched for technical guidance from the domestic training company to the overseas corporation, the number of such personnel, and the size of the trainee accommodation facilities provided by the training company)


5. Whether the domestic training company and the overseas corporation operate in the same industry


6. Whether the domestic training company and the overseas corporation are operating normally


7. In the case that the domestic training company needs to be approved for factory establishment, whether they have a factory registration certificate


Investigation of Training Conditions and Administrative Sanctions

1. Companies that have not complied with the reporting requirements of the "Immigration Control Act"

- Fines imposed 2. Companies that have halted the operations of the domestic technical training company or the local corporation/foreign company dispatching the trainee - Denial of period extension 3. 사Companies that have submitted counterfeit or falsified documents to receive visa issuance confirmation or an extension of their stay - Notification of sanction (or criminal charges) and cancellation of residence permit for technical trainees (If the trainee is not an employee of the overseas corporation or if the overseas corporation is a disguised investment company, retroactively pay the trainee at least the minimum wage under the "Minimum Wage Act" and notify the Ministry of Employment and Labor for additional measures) 4. Companies that do not pay a training allowance (a separate allowance paid by the domestic training company in addition to the base salary paid by the overseas corporation to which the trainee is affiliated) or do not pay 150% of the base salary for practical training exceeding 8 hours a day or practical training conducted at night outside of regular working hours - Notification to the head of the regional office of the Ministry of Employment and Labor and denial of period extension 5. 기Companies that forcibly keep or save passports, money, or wages of technical trainees - Criminal charges and denial of period extension 6. Companies that burden technical trainees with entry costs, such as international airfare - Special investigations into the existence of the overseas investment corporation, whether the technical trainee worked for the overseas investment corporation, etc., and denial of period extension (these are suspected to be disguised investment companies) 7. Companies that train in a different industry than the one the technical trainee was employed in at the overseas corporation - Denial of period extension 8. Companies that violate the practical training ratio - Denial of period extension and a one-year ban on inviting trainees from the date of detection 9. Companies that violate the "Immigration Control Act" regulations or other laws - Notification of sanction or criminal charges, denial of period extension, and denial of visa issuance confirmation


Essential checks when inviting additional trainees or extending the stay period

1. Whether the company has implemented 16 hours or more of in-house education, including Korean culture, immigration law, and other compliance matters, within one month after entry and whether all training contents are recorded in the training diary (if the technical training company has submitted a 'Pledge of Korean Language Education', whether the contents of the pledge have been fulfilled)

2. Whether a staff member who is familiar with foreign conditions has been selected and appointed as a grievance counselor to deal with the personal issues, human rights violations, and other grievances of the technical trainees

3. 연Whether the necessary facilities and equipment for the safety of the technical trainees are provided at the training location

4. Whether cooling and heating facilities, cooking facilities, shower facilities, etc., are installed in the technical trainee's accommodation, and whether TV, entertainment equipment, etc., are provided

If the company is not complying with each of these matters, the invitation of trainees or extension of stay period will not be approved unless there is a justified reason.


Delegated Training

① Delegated training is exceptionally allowed for the same employer and the same type of company when the trainee has to stop training due to the relocation or expansion of a domestic factory during technical training.

② In an inevitable case to achieve the training purpose or if the initial training company does not have the necessary skills or technology for training, delegated training is limitedly allowed without changing the employment relationship..

Delegated training should be reported by the employer in case of changes, and the period should not exceed 3 months.



Training Period Extension Application Reason Letter

Training Plan

Training Diary

※ The trainee who actually received the training should sign the 'Technical Trainee Roster' and attach it to this training diary for safekeeping

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