Today, we will look in detail at the penalties and part-time employment activity permits for foreign nationals and employers who have engaged in illegal employment without obtaining employment permits.
First, let's look at the Immigration Control Act.
"Article 18 of the Immigration Control Act"
Limitation on the employment of foreigners
① Foreigners who want to work in the Republic of Korea must obtain a residence qualification that allows them to engage in employment activities according to the Presidential Decree.
② Foreigners with residence qualifications under paragraph 1 shall not work in places other than designated workplaces.
③ No one shall employ a person who does not have a residence qualification under paragraph 1.
④ No one shall mediate or recommend the employment of a person who does not have a residence qualification under paragraph 1.
⑤ No one shall engage in an act of keeping a person under their control for the purpose of mediating the employment of a person who does not have a residence qualification under paragraph 1. ※ Foreigners who engage in employment activities without obtaining an employment permit and employers who employ foreigners without obtaining an employment permit are also subject to fines under the Immigration Control Act.
Penalty standards for foreigners who engage in employment activities without permission and for violation of restrictions on foreign employment
1. Person who engages in employment activities without obtaining a residence qualification that allows employment activities
※ If a foreigner who cannot engage in employment activities engages in employment activities, they may be subject to forced deportation or denial of visa extension depending on the fine amount.
2. Person who employs a person who does not have a residence qualification that allows employment activities
As seen in the table above, there is little difference in the fines for employing a person who does not have a residence qualification that allows employment activities, with 11 or more people, depending on the number and duration.
That's because there is an upper limit of up to 3 years imprisonment or 30 million won for fines if Article 18 of the Immigration Control Act is violated.
So, if a foreign student who did not obtain an employment permit was employed and the employer was fined, and the foreign student was also fined, can the employer not pay for the labor provided by the foreign student during that time? Absolutely not. Even if the foreigner has engaged in illegal employment activities while being an illegal resident or without obtaining an employment permit, the Labor Standards Act applies equally to both Koreans and foreigners, and the employer must calculate and pay wages for the labor provided during that time. If the employer does not pay wages, they will be "punished under the Labor Standards Act."
Therefore, when foreign students and others want to engage in part-time employment (part-time jobs), they must obtain permission for activities outside their residence qualifications from the Immigration Office, and employers who employ foreigners must also make sure that the foreigner has a residence qualification that allows employment activities before signing a labor contract and employing them.
Now, let's find out which residence qualifications can obtain permission for activities outside their residence qualifications and engage in part-time employment.
Foreign residence qualifications (visas) that can engage in part-time employment (part-time jobs) after obtaining permission for activities outside their residence qualifications
1.G-1 Visa
① Family of deceased persons due to accidents, etc. (G-1-7): Permission up to a maximum of 1 year within the range of the period of stay
② People who need humanitarian consideration due to sexual violence, etc. (G-1-11): Permission up to a maximum of 1 year within the range of the period of stay
③ People who fall under other reasons: Until the period of stay permission
④ Refugee applicants who have passed 6 months after applying for refugee status (G-1-5): Permission up to a maximum of 1 year within the range of the period of stay
⑤ People who did not receive refugee recognition and received humanitarian stay permission (G-1-12): Permission up to a maximum of 1 year within the range of the period of stay
⑥ Family of recognized refugees (F-1-16): Permission up to a maximum of 1 year within the range of the period of stay
※ No time limit (compliance with Labor Standards Act working hours)
2. Student Visa (D-2, D-4)
① D-2 Student Visa
- Depending on the level of Korean language, 10~20 hours on weekdays (undergraduate program), 15~30 hours on weekdays (master's and doctoral program), no weekend and vacation restrictions.
② D-4 Student Visa
- 10~20 hours on weekdays and weekends depending on the level of Korean language after 6 months have passed.
3. Job Seeker Visa (D-10)
① Those who have obtained a bachelor's degree or higher from a domestic regular university and have not passed 3 years and have a high level of Korean language, such as TOPIK level 4 or higher
② Within the period of stay, up to 20 hours on weekdays (30 hours for TOPIK level 5 or higher), unlimited on weekends
※ Employment restrictions for gambling establishments, entertainment businesses, private tutoring, and youth restricted entry businesses
※ G-1 Visa ⑤,⑥ are available for employment in the construction industry
※ G-1 Visa is available for employment in manufacturing industries