SOUTH KOREA Law and Practice Contributed by: Sihoon Yang, Young Min Kim, Jung Mo Hong and Douglas Hwang, Yoon & Yang LLC
activities for up to three years from the date they entered Korea. Furthermore, foreigners staying in Korea, as a principle, are subject to the sovereignty of Korea. Additionally, unless a foreigner’s rights under public or private laws are otherwise restricted through treaties or laws, foreigners and Koreans receive identi - cal protection. Visas The Foreign Worker Employment Act does not apply to foreigners with visas in any of the following cat - egories who are permitted to stay and work in South Korea (ie, visas that allow the visa-holder to pursue employment activities in South Korea): • short-term employees (C-4), professors (E-1), for - eign language instructors (E-2), researchers (E-3), technology transfer (E-4), professional employ - ment (E-5), artistic performers (E-6) and designated activities (E-7); • residence permits for overseas South Koreans, such as permanent residence (F-2, F-4, F-5, F-6); and • working holiday (H-1). 4.2 Registration Requirements for Foreign Workers According to Article 6 (1) of the Foreign Worker Employment Act, a person who intends to hire “ordi - nary” foreign workers (through the Employment Permit System) must first post a job opening for a domestic worker through an employment security office defined under the Employment Security Act. If, despite these efforts to hire a domestic employee, an employer fails to hire new personnel, then – as prescribed under Article 8 (1) of the Foreign Worker Employment Act – the employer must apply for an employment permit for foreign workers from the head of the employment security office, in accordance with the requirements under the enforcement decrees of the Ministry of Employment and Labor. If an employer satisfies the conditions for employing foreigners, then the employer may apply for the issu - ance of an employment permit from an employment assistance centre. Upon receipt of such application, the employment assistance centre makes worker
referrals (in multiples of three). The employer can then select the personnel qualified for the job from among the referred workers and obtain an employment permit for such worker (see Article 8 of the Foreign Worker Employment Act). Simultaneously upon issuance of the employment permit, a standard employment contract is drafted based on the working conditions described in the employer’s application for the employment permit. Once said employment contract is executed, a visa issuance certificate is issued. Thereafter, upon the selected foreign worker’s arrival in South Korea and completion of employment training, they are dis - patched to the relevant workplace. According to Article 31 of the Immigration Act, any for - eigner (including foreign workers) who intends to stay in Korea for more than 90 days must file for an alien registration with the competent immigration office within 90 days from the date of entry into Korea. Fur - ther, changes to previously registered information (eg, the visa type or previously registered address) must be reported within 14 days for an amended registration. Mobile work has recently been receiving heightened attention from many companies. Mobile work in South Korea generally refers to performing one’s tasks via smartphones, tablet computers, laptops and other mobile devices. South Korean labour laws do not have provisions that govern mobile work; hence, compa - nies may freely implement mobile work in accordance with their needs. Advantages From the employees’ perspective, the benefits of mobile work include the ability to perform their work without restraint in terms of time and location. Moreo - ver, the freedom to choose where to work may lead to enhanced work efficacy and work satisfaction. Employers may also enjoy benefits of mobile work such as reduced costs for maintaining office spaces 5. New Work 5.1 Mobile Work
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