Table of Contents
- What is illegal stay?
- Definition of a runaway foreign worker
- Crackdown criteria under the Immigration Control Act
- Penalties employers need to know
- What workers should be aware of
- Summary
1. What is illegal stay?
Illegal stay refers to remaining in Korea without a valid visa status under the Immigration Control Act.
Foreign worker visas, including the E-9 visa, specify a fixed period of stay and designated workplace. Violating these conditions constitutes illegal stay.
For example, if the visa expires or the worker leaves the workplace without permission, it is considered illegal stay.
2. Definition of a runaway foreign worker
An E-9 worker who entered Korea through the Employment Permit System and leaves the workplace without a valid reason or becomes unreachable is classified as a runaway foreigner.
In such cases, the Immigration Office automatically includes the worker in the crackdown list, and the employer may face administrative penalties.
3. Crackdown criteria under the Immigration Control Act
The Immigration Control Act defines the following cases as subject to crackdown:
- Overstaying the allowed period
- Working at an unauthorized workplace
- Forging registration or visa documents
- Working without employment authorization
- Working at another workplace after departure without proper procedures
📌 The Immigration Office tracks violators through regular inspections, public reports, and electronic notification systems.
4. Penalties employers need to know
Employers who aid illegal stay or intentionally hire foreigners staying illegally may face the following penalties:
- Up to 3 years imprisonment or a fine up to 30 million KRW (Immigration Control Act Article 94)
- Administrative fine up to 20 million KRW per foreigner
- Restriction on allocation and hiring of foreign workers
※ Repeated violations may result in long-term exclusion from the E-9 workforce allocation.
5. What workers should be aware of
E-9 foreign workers must comply with the following:
- Apply for visa extension before expiration
- Obtain approval through formal procedure when changing employer
- Report changes in residence or employment within 14 days
- Unauthorized departure may result in entry ban or deportation
📌 Especially when caught after unauthorized departure, future entry to Korea may be permanently restricted.
6. Summary
Both E-9 foreign workers and employers must comply with the Immigration Control Act to ensure safe and continuous employment.
Illegal stay is not just an administrative issue but a serious violation that may lead to criminal punishment and deportation.
Strictly following the procedures and reporting requirements is most important.
