by Dong Woo SEO Esq.

BAE, KIM & LEE    

A company in Korea may for various reasons need to employ the services of a foreign employee. Such foreign employees may possess skills and knowledge unavailable in the domestic market or such employees may be needed in a foreign-invested company to assist in the management of the company or to facilitate relations between such company and the foreign investor. Whatever the reason, all foreign employees will need to obtain visas that will allow them to work in Korea.

In this regard, the procedures to be undertaken and the paperwork involved in obtaining such visas may at times become overwhelming. Thus, a familiarity with the visa application procedures and the paperwork involved will allow a company and the foreign employee to properly prepare a visa application, thus avoiding possible pitfalls which may delay or deny receipt of the visa.

In view of the foregoing, we have prepared below a brief overview of the types of employment visas and the paperwork involved in obtaining them.

I.General Visa Application Procedures

Generally, the foreign employee will be responsible for applying for and obtaining the employment visa, with the assistance of the company. The usual procedure is for the company to prepare the documents that it needs to provide for the visa application and give such documents to the foreign employee. Then, the employee will complete the remaining documents and the visa application, and submit the completed application with the required documents to a Korean Embassy or Consulate in the foreign employee's country of residence. If everything is in order, the visa will be granted in approximately four to six weeks after the submission of the application.

Alternatively, if the foreign personnel is currently in Korea, the request to employ a foreign employee may be submitted in Korea to the Immigration Administrative Office within the Ministry of Justice by the company. Upon the approval of the Ministry of Justice, the foreign personnel must leave Korea and submit a visa application together with the approval letter from the Ministry of Justice to obtain a visa from a Korean Embassy or Consulate, in which case such visa will be issued within a few days.

II.Types of Employment Visas

There are four types of employment visas commonly issued to foreign employees of commercial businesses: D-7 visa, D-8 visa, E-4 visa and E-7 visa. These visas are explained in greater detail below. In addition to these visas, other employment-type visas are the E-1 visa (professors and other academicians), E-2 visa (foreign language conversation teachers), and E-3 visa (researchers).

1. The D-7 Commercial Residence Visa

The D-7 visa is intended for a foreign employee of a branch or liaison office of a foreign parent company who has been dispatched by the parent company. Such foreign employee must have had no less than one year of working experience at the parent company's headquarters, branch or other office of the parent company.

The documents that must be submitted in order to obtain this visa are:

a) passport of applicant;

b) completed application form with photograph;

c) letter of invitation from the local company confirming the purpose of the applicant's visit to Korea;

d) a dispatch order or certificate of employment from the local company;

e) copy of permission to establish the local office;

f) certified copy of company registration or copy of business entity certification of the local office;

g) copy of certificate of remittance of operating capital for the local office or business plan thereof;

h) affidavit of support from the local office duly notarized by a notary public in Korea; and

i) resume or personal history of applicant.

2. The D-8 Corporate Investment Visa

The D-8 visa is intended for a foreign employee of a foreign-invested corporation, whether a wholly-owned subsidiary or a joint-venture company, under the provisions of the Foreign Capital Inducement Act . The foreign employee must have some expertise and should be employed in a position related to the management, administration, production and/or technological aspects of the local company.

The documents that must be submitted in order to obtain this visa are:

a) passport of applicant;

b) completed application form with photograph;

c) letter of invitation from the local company confirming the purpose of the applicant's employment in Korea;

d) dispatch order or certificate of employment from the local company;

e) certified copy of company registration or copy of business entity certification of the local company;

f) copy of the approval letter for foreign investment or certificate of foreign-invested company;

g) affidavit of support from the local company duly notarized by a notary public in Korea; and

h) resume or personal history.

3. The E-4 Technical Training Visa

The E-4 visa may be obtained by a foreign technician who has been invited to Korea by a public or private Korean organization for the specific purpose of providing professional knowledge in the natural sciences or technology with respect to a specialized industrial field. Often, such foreign technician will be invited to Korea for the purposes of providing technical assistance or training pursuant to a technical licensing agreement or other agreements of such type.

The documents that must be submitted in order to obtain this visa are:

a) passport of applicant;

b) completed application form with photograph;

c) letter of invitation from the local company confirming the purpose of the applicant's visit to Korea;

d) dispatch order or certificate of employment from the local company;

e) copy of diploma or certificate of qualification of applicant;

f) approval report for the technical license agreement or confirmation of service transaction or designation as a defense industry;

g) documents related to the establishment of the public or private organization of the local company, including a certified copy of company registration or business entity certificate, etc.;

h) affidavit of support from the local company duly notarized by a notary public in Korea; and

i) resume or personal history of applicant.

4. The E-7 Special Activity Visa

The E-7 visa, which is often referred to as the employment visa, is reserved for all other special activities that are specially designated by the Ministry of Justice. It is often granted for foreign personnel employed by domestic companies who possess special skills or knowledge unavailable in the domestic market. It should be noted that the E-7 visa is more difficult to obtain than the other visas mentioned above because the Korean Government, like other national governments, has a general policy of protecting Korean workers from being displaced by foreign workers. Accordingly, the E-7 visa is generally only granted for those positions that are difficult to fill with domestic employees.

The documents that must be submitted in order to obtain the E-7 visa are:

a) passport of applicant;

b) completed application form with photograph;

c) letter of invitation from the local company confirming the purpose of the applicant's employment in Korea;

d) copy of diploma or certificate of qualification of applicant;

f) employment reference by the Minister of the relevant Ministry;

g) employment contract;

h) documents relating to the establishment of public or private organizations, including a certified copy of the company registration or business entity certificate, etc. of the local company;

i) affidavit of support from the local company duly notarized by a Notary Public in Korea; and

j) resume or personal history of applicant;.

Please be advised that additional documents may be required to be submitted or the submission of one or more of the above documents may be waived at the discretion of a pertinent director at an Embassy or Consulate or by the Minister of Justice.

5. Short-Term Business Visa

If a foreign personnel fails to qualify for, or is unable to obtain, any of the visas above, that person may apply for a Short-Term Business Activity (C-2) Visa at an overseas Korean Embassy or Consulate upon the filing of the relevant visa application. A foreign technician who obtains this visa may engage in business activities in Korea within the maximum period of stay permitted, currently ninety days. The visa holder, however, must re-apply for the C-2 visa at a Korean Embassy or Consulate, each time after expiration of the 90-day period. Failure to do so may result in severe fines.

Although this article may be used as a general guide, all prospective visa applicants should contact the nearest Korean Embassy or Consulate or the Ministry of Justice or the Immigration Administrative Office for further information.

                Written by Dong Woo SEO Esq.
                Partner
                Member of Korean and New York Bar
                LL.M. (Harvard 1992).