Contributed By Yoon & Yang LLC (Seoul - HQ)
According to Article 6(1) of the Foreign Worker Employment Act, a person who intends to hire “ordinary” 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 the foregoing efforts to hire a domestic employee, an employer fails to hire a 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 issuance 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 among the referred workers and obtain an employment permit for such worker (seeArticle 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. Such standard employment contract is then transmitted, through the Human Resources Development Services of Korea, to the foreign country’s agency that is eligible for dispatching the foreign worker selected by the employer. Once such transferred employment contract is conclusively confirmed and returned to the Human Resources Development Services of Korea, the employment contract is deemed executed (seeArticle 9 of the Foreign Worker Employment Act).
Once the said employment contract is executed, a visa issuance certificate is issued, after which the selected foreign worker is dispatched to the relevant workplace upon that foreign worker’s arrival to Korea and completion of employment training.