근무처 변경추가 신고제시행 안내_(영문).hwp

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1 국민이 행복한 선진 법치국가 A Guide on Implementation of Report System with Change and Addition of Employment Place 체류관리과 With an aim to sim plify foreign professionals' em ploym ent process and enable com panies to m ake better use of foreign workforce, the Ministry of Justice im proved the system under w hich, January 2011 onw ard, any foreigners, qualified w ith the requirem ents of Notification of No by the Justice Minister, only have to m ake a report to Im m igration Office or Im m igration Branch Office, instead of obtaining a prior approval, within 15 days in case a change or an addition of their em ploym ent place occurs. Ⅰ A Guide on Eligible Foreigners Eligible Foreigners Among the foreigners who have finished Foreigner Registration with such status of stay as Professorship(E-1), Foreign Language Instructor(E-2), Research(E-3), Technological Transfer(E-4), Professional Employment (E-5), Arts and Performance(E-6), Special Occupation(E-7) and have been staying in Korea, those who meet the requirements necessary for engaging in changed or added employment place, can change or add their employment place upon reporting. (As an example, in order for an assistant native English teacher to work for a private foreign language institute, he or she must have a bachelor's degree or a higher degree.)

No.10-709 by the Justice Minister, only have to m ake a report to Im m igration Office or Im m igration Branch Office, instead of obtaining a prior approval, within 15 days in case a change or an

2 2 - Ineligible Foreigners Among Arts and Performance(E-6) eligibles, those who are employed at hotels or pleasure resorts (E-6-2) under Tourism Promotion Act, delivering a performance in such places, shall be excluded from the application of the notification. Among the eligibles from Special Occupation(E-7) which is subject to the limitation on the number of employment owing to the quota system for each company, sales persons(31215), head cooks and cooks(441) shall be excluded from the application. And those who, notwithstanding their bing qualified for the requirements, are dismissed due to the reasons caused by themselves or resign before the date of termination of employment contract without a consent on a transfer from their employers, shall not be covered by the notification. With regard to the ineligible foreigners, they must obtain a prior approval for the change or addition of their employment place from the Justice Minister under the provision of Immigration Act Article 21 and Enforcement Decree of Immigration Act Article 26. Distribution and Collection of a Guidebook To eligible foreigners, a Guidebook on "change and addition of employment place & eligible foreigners" will be distributed in times of Foreigner Registration. In case a foreigner's status of stay changed, or a foreigner receives an order of deportation or a decision of forced removal, or he or she is dismissed due to the reasons caused by himself/herself or resign before the date of termination of employment contract without a consent on a transfer from his or her employer, from him or her the Guidebook will be collected.

Among the eligibles from Special Occupation(E-7) which is subject to the limitation on the number of employment owing to the quota system for each company, sales persons(31215), head cooks and

3 3 - Ⅱ Report Procedures and Necessary Documents Report Procedures A foreinger with a reporting obligation shall report to the head of the jurisdictional immigration office within 15 days from the date when any reasons for reporting arise by submitting "a Report on Change or Addition of Employment Place" and other necessary documents. (Reporting by legal representatives is also allowed.) In principle, the report should be made at the immigration office or immigration branch office having a jurisdiction over a foreigner's place of residence; however, if it is deemed difficult for a foreigner to do so on account of the working condition of his or her workplace, it is also made possible for the foreigner to report at the immigration office or immigration branch office having a jurisdiction over the employment place. (Permission for the extension of the stay period is also included.) Please note that, in principle, the report has to be made by foreigner's visiting immigration office or branch office, because a sticker or a seal, indicating a change or an addition of the foreigner's employment place, will be affixed or stamped. Documents to be Attached (첨부서류) Basic Required Documents (공통서류) A copy of employment contract (고용계약서), business registration (사 업자 등록증), and a letter of consent on a transfer from the head of former employment place (원 근무처 장의 동의서) Provided, that the letter of consent on a transfer will be exempted

) In principle, the report should be made at the immigration office or immigration branch office having a jurisdiction over a foreigner's place of residence; however, if it is deemed difficult for a

4 4 - from submission on the condition that a foreigner continues working up to the expiry date of the contract term or the agreed date between the foreigner and his employer. Furthermore, in case there are inevitable causes such as temporary close or permanent shut-down of the employment place, or overdue wages, the letter of consent on a transfer can be substituted with a document or a letter proving such causes. Please note that, especially with an aim to protect good and sincere employers and to sustain the order of foreigners' stay in Korea, foreigners who are dismissed due to the reasons caused by themselves or resign before the date of termination of employment contract without the consent on a transfer from their former employers, shall not fall on the eligible category. (They should apply for a new Certificate of Eligibility for Visa Issuance.) Document requirements according to the status (자격별추가서류) E-2 : A copy of registration certificate of establishment and operation of private institutions (학원설립 운영등록증) and registration certificate of lifelong educational institutions (평생교육시설등록증) E-4 : A copy of technology introduction contract (기술도입계약서), and certificate of designation of defense industry company (방위산업 체 지정서) (instead of a copy of employment contract) E-6 : A letter of recommendation of employment and performance (고 용 공연추천서) (Will be submitted only in case of adding a new employment place of the different condition with the original employment place) E-7 : An employment recommendation letter or any documents proving the necessity of the employment (고용추천서 또는 고용의 필 요성 입증서류)

a document or a letter proving such causes.

5 5 - Ⅲ Permission of Stay to Report Subjects, etc. Adjustment and Permission for the Extension of Stay Period A report on change or addition of employment place is not an application for a permission of stay but a mere action of report; therefore, any foreigner who wants to stay in excess of the current permitted period of stay according to a new employment contract, it is required to apply for the extension of stay period before reporting. When making a report on change or addition of employment change, a permission for the extension of stay period will be given up to the total period combining the altered period of a new employment contract and plus one more month. This shall be done by comparing the remaining stay period of the report subject and the period of employment contract with a new or added employment place (only upon the request for it and within the maximum permitted stay period). At the same time, adjustment of stay period will also be considered. Foreigners' Dismissal or Resignation, etc. In case of foreigners' dismissal or resignation with their remaining stay period more than 30 days, they have to be present at the jurisdictional immigration office within 30 days and have their stay period adjusted (maximum 6 months of stay period can be given not exceeding the remaining stay period). Otherwise, they (limited to those who are eligible for the change of stay status) have to obtain the permission for the change of stay status.

any foreigner who wants to stay in excess of the current permitted period of stay according to a new employment contract, it is required to apply for the extension of stay period before reporting.

6 6 - 참고. 근무처변경 추가신고 대상자 안내문 Notice on Change or Addition of an Employer to the Report Subject 근무처 변경 추가 신고 대상자 안내문 Full Name (성명) Foreigner Registration No. (외국인등록번호) Sojourn Status / Nationality (체류자격 / 국적) 견 본 PHOTO This notice is issued to the report subject who is allowed to change or add an employer without current advance permission but with report. It provides general information on the procedure to change or add an employer for the person mentioned above. Therefore this notice itself is not legally binding. 이 안내문은 사전허가를 받지 않고 신고만으로 근무처를 변경하거나 추가할 수 있는 대상자에게 발급하며, 명의인의 근무처변경 추가 절차에서 필요한 일반적인 정보를 제공합니다. 따라서 이 안내문 자체로는 법적인 효력을 발생하지 않습니다. 1. The aforesaid must report to jurisdictional immigration office concerning change or addition of an employer within 15 days from the effective date of the new work condition. (Report may be done by proxy. There could be penalty for violation.) 명의인은 근무처를 변경하거나 추가한 날로부터 15일 이내에 관할 출입국관리사무 소장(출장소장)에게 방문 신고하여야 합니다. (대리인의 신고도 허용하며, 위반 시 과태료 처벌을 받을 수 있습니다.) 2. The aforesaid may change or add an employer within the scope of activities for authorized sojourn status. Said person must have the necessary qualifications for the desired activities as well as sufficient sojourn period. 명의인은 동일한 체류자격 활동 범위 내에서 근무처 변경 추가 신고가 가능하며, 활동에 필요한 자격요건과 유효한 체류허가기간을 모두 갖추고 있어야 합니다.

It provides general information on the procedure to change or add an employer for the person mentioned above. Therefore this notice itself is not legally binding.

7 7-3. In the event of the aforesaid either being dismissed by the employer or resigning during employment period for self-imputable reasons, a written consent of release from the employer shall be required. (Letter of release can be substituted by supporting document detailing evidence of unfair dismissal or layoff.) 명의인의 귀책사유로 해고되거나 계약기간 중에 퇴직한 경우에는 원고용주의 동의를 받아야 근무처변경이 가능합니다. (부당해고, 휴 폐업 등으로 퇴직한 경우에는 그 입 증서류로 동의서를 대체할 수 있습니다.) 4. In the event of dismissal or resignation during employment period, the aforesaid must be present at the jurisdictional immigration office within 30 days and get the sojourn period modified or sojourn status changed. (Otherwise the person is subject to departure within the 30 day time-frame, or else could be punished for violation.) 명의인은 해고되거나 계약기간 중에 퇴직한 경우에는 30일 이내에 출입국관리사무소에 출석하여 체류기간을 조정 받거나 체류자격변경허가를 받아야 합니다. (그렇지 않을 경우에는 출국하여야 하며, 위반 시에는 처벌을 받을 수 있습니다.) Please contact Immigration Contact Center( 1345), visit our website( or consult the jurisdictional immigration office( ) for more detail. 세부사항은 외국인종합안내센터( 1345) 또는 웹사이트( 안내를 참조 하시거나 관할 출입국관리사무소( )에 문의하시기기 바랍니다 IMMIGRATION OFFICE

(부당해고, 휴 폐업 등으로 퇴직한 경우에는 그 입 증서류로 동의서를 대체할 수 있습니다.) 4.

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