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Frequently Asked Questions (FAQ)


FAQ (10)

    1. Q. [Labor] Estimation Criteria of Workers stated in the Labor Standard Act
      • The following is the Criteria for Workers to estimate if they fall under the Labor Standard Act
        - Whether their Duty Task is set by the Employer, and the Progress is being guided •supervised in detail
        - Whether they can refuse their Employers' regular Work Performance Order, Guidance and Supervision when conducting Work.
        - Whether the Starting • Finishing Work Time, or the official Working Hours has been set
        - Whether the received Money and Articles are sole Compensation for Labor
        - Whether the Punishment will be receive for violating Work Duties
    2. Q. [Immigration] Whether a holder whose a certificate as to Possibility of Departure can depart or not
      • o Prohibition of departure and its cancellation are done by the request of the head of central administration to the Minister of Justice under Article 2 of the Presidential Decree of Immigration Act. Even though he/she gets a certificate of a certificate as to possibility of departure, there will be no cancellation of prohibition of departure or no permission of departure. Therefore, he/she is able to depart Korea by the request of competent authorities to the Minster of Justice and cancellation of it when there is clearance of reasons of departure prohibition. Without such a procedure, no one will be allowed to depart Korea with a certificate as to possibility of departure only.
    3. Q. [Immigration] Appeal of a person who is not granted by Refugee Recognition
      • The foreigner whose refugee recognition has been declined can appeal within 7 days of receiving the notification of refusal, and at this time the foreigner can appeal to relevant application places or organizations with necessary documents.
    4. Q. [Immigration] Deportation of Detained Foreigners
      • If regulated foreigners violated the Immigration Act under investigation without any doubt, he/she is removed in general under Article 46 of the Immigration Act. However, when a foreigner whose national spouse's status of staying is admitted, staying can be permitted after charging a fine because domestic staying is necessary absolutely. Accordingly, please ask relevant immigration office individual matters as to detained foreigners to be regulated to the detention facility of the Immigration Office.
    5. Q. [Labor] Service Worker's Countermeasures for delayed Payment
      • ㅇ The Business head should regularly pay the Worker's Wage by setting a fixed monthly Payment Date (once or more). If violated, the Head will receive Punishment such as Imprisonment up to 3 Years, or Fines up to 20 Million KRW
        ㅇ For those whose Employer does not give payment, please raise this Issue to the competent regional Labor Office (Ministry of Labor webpage → Participation/Q&A → Q & A)
    6. Q. [Labor] Money and Articles the Worker can receive if dismissed without any Notice
      • ㅇWhen dismissing Workers, the Employers should notify them more than 30 Days prior to the Dismissal. Workers laid off without the 30-Day Notice can receive their 30-Day Portion of the regular Wage.

        - However, those who fall under the following Criteria will not receive Wages related with Notice of Dismissal.
        1. Temporary Workers who haven't worked for 3 Months.
        2. Workers who were employed for Period less than 2 Months
        3. Those who were Salary Workers for less than 6 months
        4. Workers employed for Period less than 6 Months on seasonal Works
        5. Those who are Apprentices
        6. If the Business cannot operate due to unavoidable Reasons, or if the worker caused the Business serious financial • commercial Damage that is stated in the Ordinance of the Ministry of Labor.
    7. Q. [Immigration] Visa Free Entry of a Foreigner
      • ○ To attract foreign tourists actively, Korea made Visa Waiver Agreements with 78 countries and is running Visa Free Entry with 49 countries for promoting the national interests.
        ○ Nationals of Visa Waiver Countries can enter Korea without Korean visa and stay in Korea after being granted stay period. Nationals of Visa Free countries also can enter Korea without Korean Visa for a stay up to 30 days.
        ☞Please check the Homepage of the Immigration Office(http://www.immigration.go.kr) to verify visa waiver countries and visa free countries.
        ○ Other exceptional countries are required to have Korean Visa in order to enter Korea. However, if foreigners' visit purposes are transits from Korea to the United Stats, Japan, Canada, Australia and New zealand, he/she who is confirmed by visa of destination countries and connecting airlines is possible to stay up to 30 days . Furthermore, he/she is able to enter Korea without Korean visa in case he/she returns his home country from 5 countries mentioned above through Korea.
        ○ The Jeju island is permitted for all nationals to enter and stay up to 30 days without Korean Visa according to 'Special Law of Jeju Liberal City' with exception of designated 22 countries. Nonetheless, nationals of countries which are not permitted to enter can also enter the Jeju island without Korean visa under certain conditions.

        ※ List of 22 countries which are not permitted to enter without visa
        - Untied Countries (3 countries): Macedonia, Cuba, Syria
        - Countries which result in a number of illegal foreigners in Korea
        China, Mongolia, Philippines, Vietnam, Nepal, SriLanka, India, Myanmar, Laos, Cambodia, Pakistan, Iran, Nigeria, Ghana, Afghanistan, Iraq, Palestine, Sudan, Libya.
    8. Q. [Immigration] Domestic Residency Report
      • ◦For overseas Koreans reporting domestic residence, 'Domestic residency report card by Korean nationals residing abroad' will be issued to Korean nationals residing abroad and 'Domestic residency report card by foreign nationality Koreans' will be issued to foreign nationality Koreans.
        ◦The domestic residency report card can be used on behalf of Korean certificate of residence during various procedures and transactions stated in related Laws and Ordnance.
        ◦For those who reported domestic residency will possess the same rights with domestic Koreans except specified real estate & financial trade stated in the 'Act on overseas Koreans'. Medical care is provided when staying for more than 90 days.
        ※ For foreigners, reporting obligations are imposed during real estate acquisition (Article 2, section 4 of Foreigner's Land Acquisition Act) and Foreign Currency Trade (Section 18, Foreign Exchange Transaction Act)
    9. Q. [Immigration] The Term of Validity of a Passport and Departure
      • - Regulations on the term of validity of a passport and limitation of entry are various depending on individual country and furthermore, there is no formal procedure in which each country is required to give notice on it. Therefore, it is tough to draw the line. However, given received notices, the homepage of consulate, or TIM(Travel Information Manual)(the guideline below is subject to each country’s policy), general guideline for the term of validity is below but as for detailed information, please refer to the Embassy of the applicable country or airlines.

        - Countries with 6 month- term of validity of a passport regulation
        Bahrain, Brunei, Indonesia, Jordan, Oman, Philippines, Qatar, Saudi Arabia, Singapore, East Timor, Bahamas, Bolivia, Ecuador, Nicaragua, Saint Lucia, El Salvador, Bulgaria, Ireland, Papua New Guinea, Solomon Islands, Algeria, Uganda, Kenya, Madagascar, Mauritius, Tanzania, Tonga

        - Countries with 3 month- term of validity of a passport regulation
        Vietnam, Latvia, Senegal

        - Countries with Expected Term of Stay + more than 6 month- term of validity of a passport regulation
        Iran, Israel, Malaysia, Sri Lanka, Ivory Coast, Nigeria, Surinam

        - Countries with Expected Term of Stay + more than 3 month- term of validity of a passport regulation
        Lebanon, Belgium, Cyprus, Greece, Lithuania, Luxembourg, Netherlands, Switzerland, Fiji, New Zealand, Egypt

        - Countries with more than expected term of stay of validity of a passport regulation
        Kazakhstan, Kyrgyzstan, Maldives, Pakistan, Thailand, Uzbekistan, Belize, Brazil, Canada, Guatemala, Trinidad Tobago, Armenia, Estonia, Poland, Rumania, Russia, Slovenia, Spain, U.K., Australia, Zimbabwe, Tunisia
    10. Q. [Immigration] Recommendation of Departure
      • ◦Legal Grounds : Section 67 of the Immigration Act, Section 81 of the Presidential Decree.
        ◦The subjects to recommendation of departure are as follows.
        - Those who initially violated Section 17 (Foreigner's Stay and Scope of Activity) and 20 (Activities beyond current Status) of the Immigration Act for less than 10 days.
        - Those who violated the Act or related orders and is recognized by the Minister of the Justice to recommend his/her departure.
        - Those who initially violated Section 24 (Permission of Change of Status), 25 (Permission for Extension of Stay), and 31 (Foreign Registration) for less than 10 days and is willing to depart voluntarily (Guidance on Supervision of Staying Foreigners)
        ◦The procedures on recommendation of departure will be applied with respecting the notification formalities stated in Section 104 of the Presidential Decree. After filling out the notification on decision of Immigration offenders, judgement on recommendation of departure will be conducted along with issuance of recommendation letter of departure.
        ◦The period of recommendation can be granted up to 5 days from the issuance date of recommendation letter. If not followed the recommendation, order of departure will be issued.

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