Employment Permit System in South Korea
The Employment Permit System (EPS) allows small and medium-sized enterprises (SMEs) in South Korea, which are unable to find local workers, to legally hire foreign non-professional workers through government-issued work permits (E-9 visas). Introduced in August 2004 to tackle labor shortages due to low birth rates and an aging population, the EPS aims to systematically manage the entry of foreign workers into South Korea to ensure a balanced workforce supply and contribute to the country’s economic growth. The Ministry of Employment and Labor, the Ministry of Justice, and the Korea Industrial Human Resources Corporation are the primary agencies overseeing this system.
1. Fundamental Principles of the Employment Permit System
The EPS prioritizes the protection of job opportunities for local workers while allowing the employment of foreign labor. Employers must apply for a work permit directly before hiring foreign workers, ensuring that labor laws, including the Labor Standards Act, are applied equally to both local and foreign workers without any unjust discrimination. According to the ‘Prevention of Settlement Principle’ for non-professional migrant workers, employment activities are permitted for a maximum period of 4 years and 10 months, starting with an initial 3-year employment period upon re-approval.
2. Current Operation Status of the Employment Permit System
As of 2023, South Korea sources labor from a total of 16 countries including the Philippines, Mongolia, Sri Lanka, Vietnam, Thailand, and Indonesia. E-9 visas are issued only to foreign workers who have passed Korean language tests administered in their countries, facilitating their adaptation to life in South Korea. In December, Tajikistan was designated as the 17th country to participate in the EPS.
3. Application and Issuance of Employment Permits by Korean Companies
1). Requirements for Issuing Employment Permits
To obtain an employment permit, businesses must meet the following criteria:
- Local Hiring Efforts: Employers must demonstrate efforts to hire locals for at least 7 days by submitting job requests via WorkNet before applying for the permit.
- No Employment Adjustments: Employers must not relocate local workers from their positions from 2 months prior to the permit application until it is issued.
- No Wage Delinquency: Employers must not have a history of wage delinquencies.
- Insurance Enrollment: Employers must be enrolled in employment insurance and industrial accident insurance (excluding those not subject to the Employment Insurance Act and the Industrial Accident Compensation Insurance Act).
- Additional Insurance Noobligation: For employers already employing foreign workers under the EPS, they must have outflow insurance and wage delinquency guarantee insurance.
2). Application Period and Methods for Employment Permits
New Employment Permit Applications: New applications for employment permits targeting foreign workers staying in their home countries are typically announced quarterly, with four opportunities to apply each year. Applications can only be submitted during these designated periods.
Applications for Existing Workers: Foreign workers who are already in South Korea and wish to change employers can apply for permits at local employment and labor offices as needed.
Application Methods:
- In-Person Visit: Applications can be submitted by visiting the local employment and labor office in person.
- Online Application: Applications can also be submitted online through the Employment 24 website; however, first-time applicants must initially visit in person to verify and register their workplace information.
For details regarding the new employment permit application schedule, please refer to the EPS employer website or the announcements from the Ministry of Employment and Labor.
3). Criteria for Issuing New Employment Permits (Point System)
Evaluation Criteria: The degree of necessity for foreign labor and exemplary practices in hiring foreign workers are evaluated, and permits are issued sequentially to businesses that receive higher scores.
Notification Method: The schedule for issuing employment permits will be communicated via SMS to the mobile number provided during the application.
Point System Details: Detailed scoring criteria can be referenced at WorkNet (www.work24.go.kr) or EPS (www.eps.go.kr).
Go to EPS | Apply for Online Consultation
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