The Foreign Employment Permit System (E9 H2 visa in Korea): A Comprehensive Guide to the Hiring Process and Important Considerations.

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📌 What is the Foreign Employment Permit System?

The Foreign Employment Permit System enables small and medium-sized enterprises (SMEs) to legally hire foreign workers when they are unable to find suitable domestic labor. This program operates under the Act on the Employment of Foreign Workers (Law No. 18929, amended on June 10, 2022, and enacted on December 11, 2022). The entire process—from selecting foreign workers to their introduction and placement—is managed by the government and public organizations to ensure transparency.

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👉 Definition of Foreign Workers

A foreign worker is defined as a person who does not hold South Korean nationality and offers services for compensation within South Korea.

✅ However, overseas Koreans (such as those who have acquired foreign residency) are not considered foreign workers under this definition.

👉 Penalties for Illegal Employment

If employers hire foreign workers who do not possess valid work permits, they face penalties of up to three years in prison or a fine of up to 30 million KRW. Likewise, employers caught hiring illegal foreign workers can also be subjected to the same penalties. Therefore, to work in South Korea, foreign individuals must hold a valid employment visa in accordance with the Immigration Control Act.

📌 Industries and Target Enterprises Permitted for Foreign Employment

As of 2024, the Foreign Employment Permit System applies to the following seven sectors:

✅ Eligible Industries for Hiring Foreign Workers:

  • Manufacturing (fewer than 300 employees or capital of less than 8 billion KRW)
  • Agriculture and Livestock
  • Forestry
  • Mining
  • Fisheries (for vessels under 20 tons)
  • Construction
  • Certain service sectors

📌 Companies in these industries can hire foreign workers from 17 countries with which the Ministry of Employment and Labor has signed an MOU, provided these workers pass the Korean Language Proficiency Test (EPS-TOPIK) administered by the Korea Industrial Human Resources Corporation.

❗ Important Note: Before employing foreign workers, employers must first demonstrate efforts to find domestic candidates. Foreign employment permits can only be applied for if there have been unsuccessful attempts to hire locally.

📌 Procedures for Hiring Foreign Workers

To employ foreign workers, you must follow these seven steps:

  1. Foreign workers must pass the EPS-TOPIK test.
  2. Register on the job seeker list for foreign applicants.
  3. Draw up a labor contract.
  4. Obtain a visa (VISA).
  5. Register the foreign worker upon entry.
  6. Complete mandatory employment training.
  7. Begin work.

👉 Work Duration:

  • Initial Entry: Up to 3 years
  • Re-employment special cases: Up to 4 years and 10 months

📌 E-9 Visa vs H-2 Visa (General Employment vs Special Employment Permit)

👉 The H-2 visa allows for more mobility between establishments, while the E-9 visa comes with strict limitations. Foreign workers employed under the E-9 visa cannot change sectors, so careful consideration is necessary when selecting the industry.

📌 Legal Protections for Foreign Workers

Foreign workers are also covered by South Korean labor laws.

✅ Protections for Foreign Workers:

  • The Labor Standards Act applies, prohibiting wage theft and enforcing a 52-hour work week.
  • Minimum Wage Law applies, ensuring the same minimum pay as domestic workers.
  • Mandatory use of standard labor contracts.
  • Protections against unfair treatment and discrimination.

📌 Foreign Employment Permit System Q&A

Q1. Is it absolutely necessary to make efforts to hire domestic workers?
👉 Yes, employers must prioritize domestic job seekers before hiring foreign workers.

Q2. Can I switch industries if I hold an E-9 visa?
👉 No, the E-9 visa does not allow for changes between industries, and transferring workplaces is only permitted under legally defined circumstances.

Q3. Are foreign workers entitled to minimum wage?
👉 Yes, foreign workers are guaranteed the same minimum wage as their domestic counterparts.

This article reflects current information and is subject to change based on government policies. It serves as a general informational resource and does not provide legal interpretation or judgment.

For additional consultation, feel free to visit our 1:1 Consultation Board.

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