Foreign students studying in South Korea have been caught working illegally by the Immigration and Foreigners' Office due to the recent growth of the delivery industry caused by the ongoing COVID-19 situation. Many of the apprehended foreigners were identified as students on D-2 visas, and they were found to have engaged in unauthorized employment in violation of regulations.
Despite the awareness of the illegality, employers often hire these foreign students without obtaining part-time employment permits, either due to a lack of local employees or for cost-saving purposes. However, if caught, both the foreign students and the employers face significant penalties. In light of this, let's explore the regulations for part-time employment (arbitrage) for foreign students who are legally residing in South Korea on D-2 (student) and language study (D-4-1, D-4-7) visas, so that students and employers can refer to these guidelines.
Part-Time Employment for Foreign Students
Basic Principles
◆ Generally limited to casual labor activities undertaken by students
※ if someone intends to engage in employment activities falling under the categories listed in the Immigration Act [Appendix 1-2], specific guidelines for each qualification apply. For example, qualifications like the Presidential English Volunteer Scholarship Student, conversation instructor, and professional interpreter have separate guidelines.
※ Personal tutoring activities are subject to strict limitations based on the nature of the activity, location, and target audience
【Approval Process】
Employment Contract Preparation -> | Part-Time Employment Confirmation Certificate Preparation -> | Application -> | Approval or Disapproval |
Employment contract between employer and employee (standard employment contract, hourly wage specification) | Specific form provided, completed by university's international student affairs officer | Supporting documents submitted online or through in-person application | Approval sticker attached or online approval certificate printed |
Eligibility
◆ Available to D-2 (student) and D-4-1, D-4-7 (language study) visa holders who possess a certain level of Korean language proficiency and have been confirmed by the school's international student affairs officer
※ Limited to language study participants who have passed six months since the date of their qualification change (for visa holders, since entry).
※ Language study students enrolled in primary, middle, and high school (graduating students included) are not eligible for part-time employment permits even if they hold a D-4 visa.
◆ Individuals who, after completing their course of study (e.g., 2 years for a associate's degree), have not met graduation requirements due to insufficient credits are excluded from eligibility for a residence permit
- However, for those who have completed their master's or doctoral programs, it is possible to allow preparation for a thesis after completing the regular program. In this case, individuals with clear evidence of academic delays due to insufficient credits or attendance rates, reflecting unsatisfactory academic performance, are excluded.
☞ ☞ In such cases of permission, the allowance is limited to 30 hours per week. Unlimited allowance during holidays, weekends, and vacation periods is not applicable.
Permissible Range
※ English Track Programs: Holders of qualifications such as TOEFL 530 (CBT 197, iBT 71), IELTS 5.5, CEFR B2, or TEPS 600 or higher, regardless of academic year, are exempt from submitting language proficiency certificates.
Permitted Fields
◆ general interpretation, translation, food service assistance, and general office assistance.
◆ Activities in English villages or English camps, such as store salespersons, restaurant staff, and event support personnel, are permissible.
※ Similar activities related to other languages, such as Chinese and Japanese, are also applicable.
◆ Assistance in tourist guidance and duty-free shop sales is included.
※ However, for professions where certain qualifications are required under domestic law, even in the permitted part-time employment fields, the requisite qualifications must be met.
◆ Regarding the manufacturing sector within the scope of non-professional E-9 visa qualifications, there are restrictions on part-time employment (limited to all manufacturing and construction industries).
※ However, for those who have completed Topic 4 of the Korea Immigration and Integration Program (KIIP), employment in the manufacturing sector is exceptionally permitted.
※ Changing employers within the permission period is allowed
Approval Criteria
◆ Restricted Subjects
- Individuals with a recent semester attendance rate below 70% or an average grade point average (based on completed credits) below C (2.0), where combining studies and employment is deemed difficult (for language study courses, if the overall average attendance rate is below 90%, restrictions apply).
- Individuals reported for dishonesty: Those who have not obtained a part-time employment permit, violated permit conditions, or provided inadequate information about their application (location, working hours, etc.) are subject to measures according to specific criteria.
- Profession restrictions: E1~E7 (professional fields), E-9, E-10 (non-professional fields)
- Work arrangement restrictions: Restrictions on dispatched labor and long-distance employment (within a one-hour radius from residence)
※ Within the stay period, the maximum duration is one year, and simultaneous employment is limited to two places.
Application Process and Required Documents
1) Employment Contract Preparation: Prepare a standard employment contract between the employer at the place of work and the foreign student.
2) Part-Time Employment Confirmation Certificate Preparation: Signed by the employer and subsequently signed by the university's international student affairs officer.
Documents to be Submitted
- Passport
- Alien Registration Card
- Copy of Business Registration Certificate
- Integrated Application Form
- Standard Admission Approval or School Enrollment Certificate
- Academic Transcript
- Korean Language Proficiency Certificate (allowance for up to 10 hours if not available)
- Employment Contract
- Part-Time Employment Confirmation Certificate, etc.
Special Cases for Part-Time Employment Permit (Exemption from Approval)
◆ Activities that receive temporary allowances, prizes, and compensation for daily life-related activities within the scope that does not violate the essential nature of the student visa qualification are excluded from the permit requirement.
Cases of Unauthorized Employment Detected Without Obtaining Part-Time Employment Permit
- In cases related to the construction and manufacturing fields, regardless of the number of violations, a departure order within 30 days is issued for the first violation without exception, and entry restrictions are postponed. - For violations related to part-time employment permits, the D-10 (Job Seeker) visa eligibility is restricted after graduation. First Violation: For minor violations, part-time employment is restricted for one year from the date of fine payment, which is decided after receiving a warning.
※ However, the construction industry is entirely excluded without exceptions. Second Violation: Immediate deportation without exception.
Cases where Part-Time Employment Permit is Obtained but Permit Conditions are Violated First Violation: Part-time employment is prohibited for one year.
Second Violation: Part-time employment is prohibited during the entire study period.
Third Violation: Student visa qualification is canceled.
Standards for illegal Employment Fines
1. Foreigners working without a residence permit for employment activities (unauthorized foreign workers).
2. Those who employ individuals without a residence permit for employment activities (employers hiring unauthorized foreign workers).
※ In the case of a corporation, joint penalty regulations apply. Both the corporate representative and the corporation itself must pay a fine, resulting in double the fine.
Today, we have learned about the requirements for part-time employment permits, the application process, required documents, penalties for illegal employment, and fines.
When caught engaging in unauthorized employment, the violation itself cannot be nullified. However, to mitigate the punishment as much as possible, swift remedial measures must be taken, and seeking advice from experts is recommended.
Our Administrative Office has various experiences related to law enforcement reviews. If you encounter such situations, please contact us, and we will respond promptly.