Table of Contents
- Why Should You Know the Immigration Control Act?
- Types of Foreigners Prohibited from Employment
- Penalties for Employers Hiring Illegally
- Disadvantages for the Foreign Worker
- Checklist for Legal Employment
- Summary
1. Why Should You Know the Immigration Control Act?
If you hire or work as a foreign worker, a simple contract is not enough. Especially when employing foreigners with residence permits such as the E-9 visa, it is essential to comply with the Immigration Control Act. Violations can result in criminal or administrative penalties for both the employer and the worker.
2. Types of Foreigners Prohibited from Employment
According to Article 18 of the Immigration Control Act and Employment Permit System (EPS) guidelines, it is prohibited to hire foreigners under the following circumstances. For detailed information, please refer to the official government website.
Prohibited Cases
- Illegal stay (overstayers)
- Unauthorized activity (e.g. tourist visa holders working)
- Expired visa holders
- Holders of non-work visas (e.g. F-1, C-3, etc.)
- Users of forged alien registration cards
- Foreign workers without an employment permit
Tip: The idea that "anyone with a visa can be employed" is wrong. Always check the visa type, its validity, and whether it permits employment.
3. Penalties for Employers Hiring Illegally
Employers who hire foreigners under the above conditions may face the following penalties:
| Item | Details |
| Criminal Penalty | Imprisonment up to 3 years or fine up to KRW 30 million (Article 94 of Immigration Act) |
| Administrative Fine | Up to KRW 20 million per illegal worker (cumulative) |
| Employment Restriction | Ban on hiring new foreign workers for a certain period |
| Exclusion from Allocation | Excluded from manpower allocation under the EPS |
4. Disadvantages for the Foreign Worker
Foreigners employed illegally are also subject to penalties:
- Deportation
- Future entry ban (up to 5 years or more)
- No access to insurance or severance pay due to illegal employment
- Possible criminal charges (e.g. use of forged documents)
5. Checklist for Legal Employment
Before hiring a foreign worker, check the following:
✅ Check the physical alien registration card
✅ Confirm visa type and expiration date
✅ Possession of employment permit or standard labor contract
✅ Verify permission for activities outside visa scope (if needed)
✅ Check business for prior violations
6. Summary
Hiring a foreigner is not just a matter of contract. It is very important to clearly understand the Immigration Control Act and distinguish who can and cannot be legally employed.
Violation of the law may result in fines, criminal penalties, and employment restrictions for the employer, and deportation, entry bans, and other disadvantages for the worker.
To hire legally, make sure to follow EPS procedures accurately and verify visa and status carefully.
