E9, H2 Foreign worker employment permit / Cancellation of special case employment confirmation
If an employer falls under any of the following, they will receive a cancellation order for the foreign worker employment permit or special case employment eligibility confirmation from the employment center director
1. If the employer violates the wages or other working conditions agreed upon before the foreign worker's entry
2. If it is deemed difficult to maintain the employment contract due to the employer's non-payment of wages or violation of other labor-related laws
3. If the employer obtains the employment permit or special case employment eligibility confirmation through fraudulent or other dishonest means
The cancellation notice for the employment permit or special case employment eligibility confirmation includes:
① Reason for cancellation,
② Termination deadline of the labor contract with the foreign worker,
③ Whether or not the employment of foreign workers is restricted.
The employer must terminate the labor contract with the foreign worker within 15 days from the date of receiving the cancellation order.
※ Violation of this may result in imprisonment for up to one year or a fine of up to 10 million won.
Employment restrictions for foreign workers
If an employer falls under any of the following according to the "Foreign Worker Employment Act," the employment of foreign workers may be restricted for three years from the date the fact occurred 1. Employing a foreign worker without obtaining an employment permit or special case employment eligibility confirmation 2. If the foreign worker employment permit or special case employment eligibility confirmation is canceled 3. If the foreign worker employment permit or special case employment eligibility confirmation is canceled 4. Displacing a domestic worker through employment adjustment within six months from the date of issuing the foreign worker employment permit or starting work according to the special case employment eligibility confirmation 5. Providing work to a foreign worker outside the business or workplace specified in the employment contract 6. Terminating the employment contract without any inevitable reasons such as a reduction in business scale due to changes in economic conditions, changes in industrial structure, business closure, or conversion during the period from the conclusion of the employment contract to the completion of foreign worker job training
Visa issuance certificate issuance restriction
If an employer falls under any of the following according to the "Immigration Control Act," they may not be able to employ foreign workers due to the restriction of issuing visa issuance certificates for the foreign workers they intend to employ
1. Article 7-2 (Prohibition of false invitations, etc.), Article 12-3 (Prohibition of providing ships, etc.), Article 18, Paragraphs 3 to 5 (Restrictions on the employment of foreigners), Article 21, Paragraph 2 (Prohibition of employing foreigners without additional permission for workplace change) or
Article 33-3, Subparagraph 1 (Prohibition of providing means to secure debt performance for foreigner registration cards, etc.) and receives a prison sentence of more than a fine, and the execution of the sentence has been completed or waived or receives a suspended prison sentence of more than a fine, and the judgment becomes final or is fined 5 million won or more or penalized 5 million won or more and pays the fine or penalty within three years from the date of payment. ※ However, the Minister of Justice may set a period of less than three years considering the risk of recidivism, motives and consequences of the violation, and other circumstances.
2. Article 7-2 (Prohibition of false invitations, etc.), Article 12-3 (Prohibition of providing ships, etc.), Article 18, Paragraphs 3 to 5 (Restrictions on the employment of foreigners), Article 21, Paragraph 2 (Prohibition of employing foreigners without additional permission for workplace change) or
Article 33-3, Subparagraph 1 (Prohibition of providing means to secure debt performance for foreigner registration cards, etc.)
and receives a fine of less than 5 million won or a penalty of less than 5 million won, and pays the fine or penalty, the restriction on the issuance of visa issuance confirmation for the foreign worker will apply for one year from the date of payment. ※ However, the Minister of Justice may set a period of less than one year considering the risk of recidivism, motives and consequences of the violation, and other circumstances.
3. Those who have been sentenced to imprisonment with labor or above for violating any of the provisions of the "Act on the Punishment of Arrangement of Prostitution, etc.", "Special Act on the Regulation and Punishment of Gambling, etc." and "Act on the Control of Narcotics, etc." and have not yet passed three years from the date of completion of the execution of the sentence, the date of the decision not to execute the sentence, or the date of the final judgment of the suspended execution.
4. Those who have been sentenced to imprisonment with labor or above for violating the Labor Standards Act and have not yet passed three years from the date of completion of the execution of the sentence, the date of the decision not to execute the sentence, or the date of the final judgment of the suspended execution.
5. Those who have invited 10 or more foreigners under Article 9 (2) of the "Immigration Control Act" within the past year from the date of application and more than half of the invited foreigners are illegally staying. 6. Those who have neglected the reporting obligation under Article 19 or Article 19-4 of the "Immigration Control Act" at least twice within the past month from the date of application.
7. Those who have been sentenced to imprisonment with labor or above for violating the "Act on Special Cases concerning the Punishment, etc. of Sexual Crimes" or the "Act on the Prevention of Sexual Violence and Protection of Victims, etc." and have not yet passed five years from the date of completion of the execution of the sentence, the date of the decision not to execute the sentence, or the date of the final judgment of the suspended execution.
8. Those who fall under any of the reasons equivalent to 1 to 7 above and are determined separately by the Minister of Justice. ※ If an employer becomes subject to employment restrictions for foreign workers according to the Foreign Worker Employment Act, they will be notified with a document specifying the reason for the employment restriction.
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