December 17, 2019

The Korean National Assembly is debating tougher charges for the employers of illegal residents. For all those voluntarily reporting residence that is illegal 28 February 2020, charges is likely to be reduced or exempted.

Penalty Increases

Unlawful residents are at the mercy of fines which range from KRW 1,000,000 for unlawful remains of not as much as one thirty days to KRW 20,000,000 for unlawful stays of 3 years or higher.

The utmost penalty for employers of unlawful residents is KRW 20,000,000 OR 36 months’ imprisonment. The proposed amendment currently under conversation would increase this to KRW 50,000,000 AND five years of imprisonment.

Voluntary Reporting for Prohibited Residents

For illegal residents who voluntarily report their domestic status by 28 February 2020 and are usually planned to go out of the united states by 30 June 2020:

• The penalty cost will be exempted.
• A “Certificate of Voluntary Departure” should be released, letting them reapply for the Korean visa in the near future. On reapplying, they’ll certainly be given a single-entry C3 visa allowing a maximum stay of 3 months. Then leave the country within 90 days, and without committing any illegal activities, they may qualify for multiple entries and a longer duration of stay the next time they apply for a visa if they.
• They shall be permitted to submit an application for TOPIK (Test of Proficiency in Korean). They will be allowed to apply for an E9 visa (for workers from certain countries only) if they obtain level 2 or above,.

For illegal residents who voluntarily report their residential status by 28 February 2020 but are planned to go out of the nation after 30 June 2020; OR

For unlawful residents who do maybe maybe not voluntarily report their unlawful residential status by 28 February 2020 and are also caught by government investigation after 2 March 2020:

• The penalty charge will be imposed in addition to breach duration is supposed to be determined from 1 March 2020.
• If they voluntarily reported their domestic status, any international nationwide whom paid a penalty charge for unlawful residence will likely to be banned from re-entry to South Korea for between half a year and another 12 months.
• People who usually do not spend the penalty charge in complete is likely to be forever forbidden from entering Southern Korea.

Voluntary Reporting for Companies

Manufacturing industry

• The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
• For companies whom report during this time period, the penalty fee is going to be exempted and their illegally-resident employees will soon be permitted to remain for three more months through the reporting date.

Agriculture and fishing industry

• The voluntary reporting system will run between 11 December 2019 and 15 January 2020.
• For employers whom report in this period, the penalty cost is supposed to be exempted and their illegally-resident workers could have legal possibilities for regular work. a visa that is new for regular employees (E8) is under conversation in the Ministry of Justice.

Little and businesses that are medium-sized the Employment allow System (EPS)

• The voluntary reporting system will operate between 11 December 2019 and 31 March 2020.
• For companies who report in this particular duration, 30% regarding the penalty cost will be imposed. But, if they’re caught by government investigation with out reported, 100% associated with cost should be imposed and they’ll be prohibited from employing international nationals for at the very least 3 years. The penalty charge shall be calculated by immigration officers on the basis of the amount of the time scale of breach.
• For unlawful residents reported by their companies in this period, 30% for the penalty charge would be imposed, and they’re going to be permitted to just work at the sponsoring business until their visa adventist singles that is e9 expires. When they would like to work somewhere else, the Ministry of Employment and work may help them to find another task. Nonetheless, if they are caught by federal government investigation with out reported, 100% associated with the penalty cost may be imposed plus a departure order that is forced.

Case Studies

Case 1

A D8 visa owner sponsored by company A, unintentionally missed the expansion due date due to their Alien Registration Card (ARC).

• A penalty cost will be imposed. The time of breach may be determined through the after the ARC expiry date day.
• In the event that immigration officer discovers that the applying due date ended up being missed in error, then your ARC owner are exempted through the ban on re-entry.
• All of the required documents must be ready and, more to the point, both ARC owner and manager must not have any appropriate violations and unpaid fees.
• There’s absolutely no big modification when compared to present policy.

Case 2

An D8 visa holder sponsored by business a has additionally been working at business B, that will be into the exact same team as business A.

The visa owner was compensated from both entities but his D8 visa ended up being sponsored by business A only, therefore the work on business B had not been reported to your immigration office.

• A penalty fee will undoubtedly be imposed for both the ARC holder and company B.
• The time of violation will be calculated through the date the visa holder received re payments from business B, that you can get via their withholding tax certificates.
• The re-entry ban (for half a year to 1 12 months) will be different from situation to instance, in the discretion of immigration officers, however it is likely that to be used in many situations. The chance of the re-entry ban in such cases is really a brand new policy.
• The D8 visa holder and their 2nd workplace need certainly to show it was a straightforward error rather than tax avoidance that is deliberate.

Instance 3

An E9 visa holder has finished work on the visa sponsor business (company A). The E9 visa has staying legitimacy, as well as the owner has obtained a fresh job at an unusual business (company B) to focus before the E9 expiration date.

• Irrespective of visa type, working at a company that is non-sponsoring illegal as well as the Korean federal government will impose the stiffest laws in such cases.
• A penalty charge both for company and worker are going to be calculated through the date the visa owner began work on business B.
• The visa owner will even be given a departure purchase and you will be prohibited from re-entry to Southern Korea for between half a year plus one year. In the event that penalty is not paid, the ban will be permanent.

Employers who can be impacted are encouraged to contact a Newland Chase immigration consultant for case-specific advice.

For basic information and advice on immigration and company happen to be Southern Korea, please contact us.