ACT ON FOREIGN WORKERS’

EMPLOYMENT, ETC.
Act No. 6967, Aug. 16, 2003

Amended by Act No. 7327, Dec. 31, 2004

CHAPTER Ⅰ

General Provisions

Article 1 (Purpose)
The purpose of this Act is to achieve the smooth supply
and demand of manpower and the balanced development of
the national economy by systematically introducing and managing
foreign workers.
Article 2 (Definition of Foreign Worker)
The term “foreign worker” in this Act refers to a person
who does not have a Korean nationality and works or intends
to work in a business or workplace located in Korea for the
purpose of earning wages: Provided that among foreigner workers
who are granted a status of sojourn eligible for employment
pursuant to Article 18 (1) of the Immigration Control Act, those
determined by the Presidential Decree in consideration of the
area of employment, period of stay, etc. shall be excluded.
Article 3 (Scope of Application, etc.)
(1) This Act shall apply to foreign workers and businesses
or workplaces which employ or intend to employ foreign
workers: Provided that this provision shall not apply to seamen
who work on board any ship under the Seamen Act and do
not have a Korean nationality and ship owners who employ or
intend to employ the said seamen.
(2) Matters not prescribed in this Act regarding the entry,
stay, departure, etc. of foreign workers shall be governed by the
Immigration Control Act.
Article 4 (Foreign Workforce Policy Committee)
(1) To deliberate and decide important matters concerning
the employment management and protection of foreign workers,

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 the Foreign Workforce Policy Committee (hereinafter referred to
as “the　Policy Committee”) shall be established under the control
of the Prime Minister.
(2) The Policy Committee shall deliberate and decide matters
falling under the following subparagraphs:
1. Matters concerning the establishment of basic plans on
foreign workers;
2. Matters concerning the types and size of businesses
eligible for the introduction of foreign workers;
3. Matters concerning the designation and cancellation of a
country entitled to send foreign workers (hereinafter
referred to as “a sending country”); and
4. Other matters prescribed by the Presidential Decree.
(3) The Policy Committee shall be comprised of not more
than twenty members including one chairperson.
(4) The chairpersonship of the Policy Committee shall be
assumed by the Minister of the Office for Government Policy
Coordination, and the Committee membership by the Vice
Minister of Finance and Economy; the Vice Minister of Foreign
Affairs and Trade; the Vice Minister of Justice; the Vice Minister
of Commerce, Industry and Energy; the Vice Minister of Labor;
the head of the Small and Medium Business Administration;
and other Vice Ministers of central administrative agencies
determined by the Presidential Decree.
(5) To efficiently operate the Policy Committee, the Foreign
Workforce Employment committee (hereinafter referred to as
"the　Employment Committee") which deliberates in advance matters
concerning the operation of the foreign worker employment
system and the protection of the rights and interests of foreign
workers shall be established under the Ministry of Labor.
(6) Necessary matters concerning the composition, functions
and operation of the Policy Committee and the Employment
Committee shall be prescribed by the Presidential Decree.
Article 5 (Announcement etc. of Foreign Worker Introduction Plan)
(1) The Minister of Labor shall establish a foreign worker
introduction plan including matters described in each subparagraph
of Article 4 (2) after deliberation and decision by the Policy
Committee and announce the plan by October 1 every year
according to the methods determined by the Presidential Decree.
(2) Notwithstanding the provisions of paragraph (1), the
Minister of Labor may, if it is necessary to change the foreign
worker introduction plan under paragraph (1) due to drastic

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 changes in domestic employment situations such as unemployment
increases, change the plan after deliberation and decision by the
Policy Committee. In this case, the provisions of paragraph (1)
shall apply mutatis mutandis to the methods of announcing the
changed plan.
(3) The Minister of Labor may, if necessary, conduct a survey
or research project in order to support foreign worker-related
work and necessary matters concerning this shall be prescribed
by the Presidential Decree.

CHAPTER Ⅱ

Employment Procedures for Foreign Workers

Article 6 (Efforts to Hire Native Workers)

(1) An employer who intends to hire a foreign worker shall
first submit an employment announcement seeking native
workers to an Employment Security Center (hereinafter referred
to as “Employment Security Center”) prescribed in Article 4 (1)
of the Employment Security Act.
(2) The head of an Employment Security Center shall, upon
receiving an employment announcement seeking native workers
for vacant posts pursuant to paragraph (1), provide counseling and
support for the employer to present adequate job requirements,
and actively provide job placement services to ensure the
preferential hiring of qualified native workers.
(3) The head of an Employment Security Center shall issue
a document confirming labor shortages following the conditions
determined by the Presidential Decree and the procedures
prescribed by the Ordinance of the Ministry of Labor, in case
the applicant under paragraph (1) fails to hire workers
notwithstanding the placement effort prescribed in paragraph (2).
(4) The document confirming labor shortages issued pursuant
to paragraph (3) shall be valid for three months and its validity
may be extended one time under the conditions prescribed by
the Presidential Decree.
Article 7 (Preparation of Roster of Foreign Job Seekers)
(1) The Minister of Labor shall prepare a roster of foreign
job seekers in consultation with the head of the government
agency in charge of labor administration in a sending country
designated pursuant to subparagraph 3 of Article 4 (2) under

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 the conditions prescribed by the Presidential Decree : Provided
that in case there is no such an independent government
agency in charge of labor administration in the sending country,
the Minister of Labor shall designate a department which
performs the closest function and consult with the head of the
department after deliberation by the Policy Committee. <Amended
by Act No. 7327, Dec. 31, 2004>
(2) When preparing a roster of foreign job seekers
pursuant to paragraph (1), the Minister of Labor shall administer
a Korean Language Proficiency Test (hereinafter referred to as
"the Korean Language Proficiency Test”) to use the test as
criteria for selecting qualified foreign job seekers.
(3) The selection of an agency responsible for administering
the Korean Language Proficiency Test pursuant to paragraph
(2), the methods of implementing the test, and other necessary
matters concerning the implementation of the Korean Language
Proficiency Test shall be prescribed by the Presidential Decree.
Article 8 (Foreign Worker Employment Permit)
(1) An employer who has obtained a document confirming
labor shortages pursuant to Article 6 shall apply for permission
to employ foreign workers to an Employment Security Center
under the conditions prescribed by the Ordinance of the Ministry
of Labor.
(2) Upon receiving an application pursuant to paragraph (1),
the head of an Employment Security Center shall recommend
qualified candidates among those registered in the roster of
foreign job seekers under Article 7 (1).
(3) The head of an Employment Security Center shall immediately
issue an employment permit bearing the name of a selected
foreign worker to the employer who has selected a qualified
foreign worker from among those recommended pursuant to
paragraph (2).
(4) Other necessary matters concerning the issuance and
management of a foreign worker employment permit prescribed
in paragraph (3) shall be prescribed by the Presidential Decree.
(5) No one other than an Employment Security Center shall
be involved in the process of hiring foreign workers including
the selection and placement thereof.
Article 9 (Labor Contract)
(1) In case an employer intends to employ the foreign
worker selected pursuant to Article 8 (3), the employer shall
sign a labor contract with the foreign worker by using the

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 standard labor contract form prescribed by the Ordinance of the
Ministry of Labor. In this case, other necessary matters concerning
procedures for signing a labor contract and its effective date
shall be prescribed by the Presidential Decree.
(2) The term of the labor contract shall not exceed one year:
Provided that the labor contract may be renewed for a period
not exceeding that prescribed in Article 18 (1), and in this case,
the term of each renewed contract shall not exceed one year.
Article 10 (Certificate for Visa Issuance)
An employer who has signed a labor contract with a foreign
worker pursuant to Article 9 (1) may apply for a certificate for
visa issuance to the Minister of Justice on behalf of the foreign
worker concerned pursuant to Article 9 (2) of the Immigration
Control Act.
Article 11 (Employment Training for Foreign Workers)
(1) Foreign workers shall receive training (hereinafter referred
to as “the employment training for foreign workers”) which is
provided by organizations determined by the Presidential Decree
to learn matters necessary for employment, within a period
determined by the Ordinance of the Ministry of Labor after
entering Korea.
(2) An employer shall enable foreign workers to receive the
employment training for foreign workers.
(3) The hours and contents of the employment training for
foreign workers and other matters necessary to provide the
employment training for foreign workers shall be prescribed by
the Ordinance of the Ministry of Labor.
Article 12 (Special Cases Concerning Employment of Foreign
Workers)
(1) A business or the employer of a workplace falling under
any of the following subparagraphs may employ foreigners
who have entered after obtaining a visa determined by the
Presidential Decree and intend to be employed in Korea:
1. Businesses or workplaces in the construction industry,
determined by the Policy Committee in consideration of
labor market situations for daily workers, the possibility of
undermining employment opportunities for native workers,
and the size of workplace; and
2. Businesses or workplaces in the service industry, determined
by the Policy Committee in consideration of industry-specific
characteristics.

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 (2) Foreigners prescribed in paragraph (1), who intend to be
employed in the businesses or workplaces falling under each
subparagraph of paragraph (1), shall submit a job-seeking
application to an Employment Security Center after completing
the employment training for foreign workers and the Minister
of Labor shall manage them by including them in a roster of
foreign job seekers.
(3) The provisions of Articles 6, 8 and 9 shall apply mutatis
mutandis to matters concerning procedures for the employment
of foreign workers pursuant to paragraph (1): Provided that
matters concerning procedures for the employment of foreign
workers by the businesses or workplaces prescribed in paragraph
(1) 1 shall be separately prescribed by the Presidential Decree.
(4) The head of an Employment Security Center shall issue
an Employment Permit Certificate under the conditions
prescribed by the Ordinance of the Ministry of Labor, to foreign
workers who qualify for the criteria set forth by the Presidential
Decree and intend to be employed in the businesses or
workplaces prescribed in paragraph (1) 1, among those who
have submitted a job-seeking application pursuant to
paragraph (2).
(5) Foreign workers who have either made a labor contract
with the employers of the businesses or workplaces prescribed
in paragraph (1) 2, or obtained an Employment Permit Certificate
pursuant to paragraph (4) shall obtain permission to change
their status of sojourn into one eligible for employment pursuant
to Articles 18 (1) and 24 of the Immigration Control Act.
(6) The provisions of Article 21 of the Immigration Control
Act shall not be applied to foreign workers who have obtained
permission to change their status of sojourn after receiving an
Employment Permit Certificate pursuant to Article 4.

CHAPTER Ⅲ

Employment Management of Foreign Workers

Article 13 (Departure Guarantee Insurance and Trust)

(1) A business or the employer of a workplace hiring
foreign workers (hereinafter referred to as “employer”) shall
take out departure guarantee insurance or departure guarantee
lump-sum trust with his/her foreign workers as the insured or

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 beneficiaries.
(2) If an employer takes out departure guarantee insurance or
departure guarantee lump-sum trust pursuant to paragraph (1),
the employer shall be deemed to have put in place a severance
pay system pursuant to Article 34 of the Labor Standards Act.
(3) Other necessary matters concerning employers required to
take out departure guarantee insurance or lump-sum trust,
subscription methods, contents, management and payment shall
be prescribed by the Presidential Decree.
Article 14 (Health Insurance)
In applying the National Health Insurance Act, an employer
and foreign workers employed by the employer shall be
regarded as the employer under Article 3 of the Act and the
workplace-based policyholders under Article 6 (1) of the Act,
respectively.
Article 15 (Return Cost Insurance and Trust)
(1) A foreign worker shall take out return cost insurance or
trust in order to finance the costs of returning to his/her home
country.
(2) Other necessary matters concerning the subscription methods,
contents, management and payment of the insurance and trust
prescribed in paragraph (1) shall be prescribed by the Presidential
Decree.
Article 16 (Measures Necessary for Return)
An employer shall take necessary measures, such as paying
money and other valuables such as wages, etc. if foreign
workers return to their home country due to the termination
of employment relationships, expiration of period of sojourn,
etc.
Article 17 (Employment Management of Foreign Workers)
(1) An employer shall, when a foreign worker begins to
work after entering Korea, or when there are other reasons
prescribed by the Presidential Decree such as changes in
important employment-related matters, report this to the
Minister of Labor under the conditions prescribed by the
Ordinance of the Ministry of Labor.
(2) Other necessary matters concerning the appropriate
employment management of foreign workers shall be prescribed
by the Presidential Decree.
Article 18 (Restrictions on Employment)
(1) A foreign worker may work for three years from the

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 date of his/her entry.
(2) A foreigner who has left after having been employed
in Korea shall not be reemployed pursuant to this Act, if one
year has not passed since the date of his/her departure.
Article 19 (Cancellation of Foreign Worker Employment Permit)
(1) In case an employer falls under any of the following
subparagraphs, the Minister of Labor may issue an order to
cancel the foreign worker employment permit prescribed in
Article 8 under the conditions prescribed by the Presidential
Decree:
1. In case an employer has violated wages and other labor
conditions promised in a contract made before entry;
2. In case maintaining a labor contract is considered difficult
due to overdue wages and the employer’s violation of
other labor-related laws; or
3. In case an employment permit is obtained in false or
other fraudulent ways.
(2) An employer subject to the cancellation of a foreign worker
employment permit under paragraph (1) shall terminate a labor
contract with the foreign worker concerned within fifteen days
from the date of receiving the order.
Article 20 (Restrictions on Employment of Foreign Workers)
(1) The Minister of Labor may restrict employers who fall
under any of the following subparagraphs from employing
foreign workers for three years from the date of the incident:
1. Those who employ foreign workers without obtaining an
employment permit pursuant to Article 8 (3);
2. Those whose employment permit has been cancelled
pursuant to Article 19 (1);
3. Those who have been punished for violating the Immigration
Control Act; or
4. Those who have other reasons determined by the
Presidential Decree.
(2) In the case of restricting the employment of foreign
workers pursuant to paragraph (1), the Minister of Labor shall
give a notice to the employer concerned under the conditions
prescribed by the Ordinance of the Ministry of Labor.
Article 21 (Implementation of Projects Related to Foreign Workers)
The Minister of Labor shall carry out the following projects
with a view to facilitating the employment of foreign workers
and effectively managing their employment:

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 1. A project to assist with the entry and departure of
foreign workers;
2. A project to educate foreign workers and their employers;
3. A project to promote cooperation with related public
agencies of sending countries and private groups related
to foreign workers;
4. A project to offer services, such as counseling, to foreign
workers and their employers;
5. A project to publicize the foreign worker employment
system; and
6. Other projects concerning the employment management of
foreign workers, prescribed by the Presidential Decree.

CHAPTER Ⅳ

Protection of Foreign Workers

Article 22 (Prohibition of Discrimination)

An employer shall not give unfair and discriminatory
treatment to foreign workers on grounds of their status.
Article 23 (Taking out Guarantee Insurance, etc.)
(1) A business or the employer of a workplace prescribed
by the Presidential Decree in consideration of business size
and industry-specific characteristics shall take out guarantee
insurance to cover their foreign workers against overdue wages.
(2) Foreign workers employed in the businesses or workplaces
determined by the Presidential Decree in consideration of
industry-specific characteristics shall take out casualty
insurance to cover themselves against any illness or death.
(3) Other necessary matters concerning the subscription
methods, contents, management and payment of the guarantee
insurance and casualty insurance under paragraphs (1) and (2)
shall be prescribed by the Presidential Decree.
Article 24 (Support for Foreign Workers-related Organizations, etc.)
(1) The government may support an organization or group
which offers foreign workers counseling, education and other
services prescribed by the Presidential Decree with part of the
necessary costs of providing the services within the limit of
available budgets.
(2) Other necessary matters concerning requirements, criteria,

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 procedures, etc. for application for the support prescribed in
paragraph (1) shall be prescribed by the Presidential Decree.
Article 25 (Permission for Change of Business or Workplace)
(1) In case a foreign worker is difficult to continue his/her
normal employment relationship in a business or workplace due
to situations falling under any of the following subparagraphs,
the foreign worker may apply to an Employment Security
Center for a transfer to other businesses or workplaces under
the conditions prescribed by the Ordinance of the Ministry of
Labor:
1. In case an employer intends to cancel a labor contract
during the contract period or to reject the renewal of a
contract after its expiration for justifiable reasons;
2. In case it is deemed impossible to continue to work in a
workplace because of business shutdown, closure and
other reasons not attributable to the foreign worker;
3. In case an employment permit is cancelled or any
restriction is imposed on the employment of foreign
workers pursuant to Article 19 (1) and Article 20 (1),
respectively; and
4. In case there are other reasons prescribed by the
Presidential Decree.
(2) The provisions of Articles 6, 8 and 9 shall apply mutatis-
mutandis to procedures for and methods of the reemployment
of a foreign worker after he/she applies for a change of
business or workplace pursuant to paragraph (1).
(3) In case a foreign worker has failed either to obtain
permission to change his/her workplace pursuant to Article 21
of the Immigration Control Act within two months of
applying for a change of business or workplace pursuant to
paragraph (1), or to apply for a change of business or workplace
within one month of the termination of his/her labor contract
with the employer, the foreign worker shall depart from
Korea.
(4) A foreign worker shall not transfer to other businesses
or workplaces as prescribed in paragraph (1), in principle, more
than three times during the period of sojourn prescribed in
Article 18 (1): Provided that this shall not apply in case there
are inevitable reasons prescribed by the Presidential Decree.

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 CHAPTER Ⅴ

Supplementary Provisions

Article 26 (Report and Investigation, etc.)

(1) The Minister of Labor may, if deemed necessary, order
employers, foreign workers or foreign workers-related groups
supported pursuant to Article 24 (1) to make a report, submit
related documents and do other necessary things, and have the
public official concerned ask questions to a related person or
investigate or inspect related account books, documents, etc.
(2) The public official who conducts investigation or inspection
pursuant to paragraph (1) shall carry an identification
showing his/her status and show it to the relevant person.
Article 27 (Collection of Fees)
The Minister of Labor may, if it is necessary to carry out
projects related to foreign workers pursuant to Article 21, collect
fees and other necessary expenses under the conditions prescribed
by the Ordinance of the Ministry of Labor.
Article 28 (Delegation and Entrustment of Authority)
In accordance with the conditions prescribed by the
Presidential Decree, the Minister of Labor may delegate part of
the authority given under this Act to the head of a regional
labor office or entrust it to the Human Resources Development
Service of Korea under the Act on Human Resources Development
Service of Korea or to the person prescribed by the Presidential
Decree.

CHAPTER Ⅵ

Penal Provisions

Article 29 (Penal Provisions)

A person who falls under any of the following subparagraphs
shall be punished by imprisonment of up to one year or a fine
not exceeding 10 million won:
1. A person who is involved in the selection, placement and
hiring of foreign workers in violation of Article 8 (5);
2. A person who fails to take necessary measures required
for foreign workers to return to their home country in

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 violation of Article 16;
3. A person who fails to terminate a labor contract with a
foreign worker in violation of Article 19 (2); and
4. A person who obstructs the change of business or
workplace prescribed in Article 25.
Article 30 (Penal Provisions)
A person who falls under any of the following subparagraphs
shall be punished by a fine not exceeding 5 million won:
1. A person who fails to sign a labor contract using the
standard labor contract form in violation of Article 9 (1);
2. A person who fails to take out departure guarantee
insurance or lump-sum trust in violation of Article 13 (1);
and
3. A person who fails to take out the guarantee insurance or
casualty insurance prescribed in Article 23.
Article 31 (Joint Penal Provisions)
If a representative of a corporation or an agent, an
employee or any other hired person of a corporation or an
individual commits an offense as prescribed in Articles 29 and
30 in connection with the business of the corporation or
individual, the fine prescribed in respective Articles shall be
imposed on the corporation or individual, in addition to
punishment of the offender.
Article 32 (Fine for Negligence)
(1) A person who falls under any of the following subparagraphs
shall be punished by a fine for negligence not exceeding 1 million
won:
1. A person who violates the provisions of Article 11 (2);
2. A person who fails to take out insurance or trust in
violation of Article 15 (1);
3. A person who either fails to report or makes a false
report in violation of Article 17 (1); and
4. A person who, not complying with the provisions of
Article 26 (1), fails to report or makes a false report, fails
to submit related documents or submits false documents,
or refuses, obstructs or avoids the questions, investigation
or inspection prescribed in the same paragraph.
(2) The fine for negligence prescribed in paragraph (1) shall
be imposed and collected by the Minister of Labor under the
conditions prescribed by the Presidential Decree.
(3) Any person who is dissatisfied with the imposition of a

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 fine for negligence prescribed in paragraph (2) may raise an
objection to the Minister of Labor within thirty days from the
date of notifying the person of the imposition.
(4) If a person who is subject to the imposition of a fine for
negligence prescribed in paragraph (2) raises an objection
pursuant to paragraph (3), the Minister of Labor shall, without
delay, notify the competent court of this fact and the competent
court shall, upon receiving the notification, try the case of a
fine for negligence under the Non-Contentious Case Litigation
Procedure Act.
(5) If no objection is raised and no fine for negligence is
paid within the period referred to in paragraph (3), the said
fine for negligence shall be collected according to the examples
of the collection of national taxes in arrears.

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force one year after its promulgation:
provided that the provisions of Articles 4, 5 and 7 (1) of the
Act and Article 2 of the Addenda shall take effect on the date
of promulgation and the provisions of Article 7 (2) and (3) shall
take effect two years after its promulgation.
Article 2 (Special Cases Concerning Illegal Foreign Workers)
(1) A foreign worker who stays in Korea in violation of
Article 17 (1) or 18 (1) of the Immigration Control Act but
meets the following criteria shall be permitted to be employed
in the business or workplace for up to two years, if the total
period of his/her stay does not exceed five years, and the
Minister of Justice shall grant the foreign worker the status of
sojourn eligible for employment prescribed in Article 18 (1) of
the Immigration Control Act:
1. A person who had stayed in Korea for less than three
years as of March 31, 2003;
2. A person who are employed in the types of businesses
determined and announced by the Minister of Labor and
has received an employment confirmation letter from an
Employment Security Center; and
3. A person who has reported his/her stay in Korea following
the procedures determined by the Minister of Justice.
(2) If a foreign worker who stays in Korea in violation of
Article 17 (1) or 18 (1) of the Immigration Control Act and

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 meets the following criteria voluntarily leave Korea within the
period determined by the Minister of Justice, the provisions of
Articles 95 (5) and 102 of the Immigration Control Act shall not
be applied; the foreign worker shall be permitted to be
employed in the business or workplace where he/she was
originally employed prior to his/her departure, as long as the
total period of his/her stay including that before departure
does not exceed five years; and the Minister of Justice shall
grant this foreign worker the status of sojourn eligible for
employment prescribed in Article 18 (1) of the Immigration
Control Act:
1. A person who had stayed in Korea for more than three
years but less than four years as of March 31, 2003;
2. A person who are employed in the types of businesses
determined and announced by the Minister of Labor and
has received an employment confirmation letter from
an Employment Security Center; and
3. A person who has reported his/her stay in Korea following
the procedures determined by the Minister of Justice.
(3) The provisions of Articles 6 through 13, 15, 18 (1), and
23 shall not apply to foreign workers employed in Korea
pursuant to Articles 1 and 2.
(4) Those who violate the provisions of Articles 17 (1) and
18 (1) of the Immigration Control Act but do not fall under
paragraphs (1) and (2) shall voluntarily leave Korea within the
period determined by the Minister of Justice, and in this case,
the provisions of Articles 94 (5) and 102 of the Immigration
Control Act shall not be applied to those who have voluntarily
left Korea.
Article 3 (Revision of Other Laws)
The Act on Human Resources Development Service of Korea
shall be amended as follows:
The Item 10-2 of Article 6 shall be newly inserted as follows :
10-2. Mandate entrusted to the HRD Service of Korea
pursuant to Article 28 of the Act on Foreign Workers'
Employment, etc.

Addendum <Act No. 7327, Dec. 31, 2004>

This Act shall enter into force six months after its
promulgation.

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