17, 2019 december

The Korean National Assembly is debating tougher charges for the companies of unlawful residents. For all voluntarily reporting residence that is illegal 28 February 2020, charges would be paid down or exempted.

Penalty Increases

Unlawful residents are susceptible to fines including KRW 1,000,000 for illegal stays of significantly less than one to KRW 20,000,000 for illegal stays of three years or more month.

The most penalty for employers of illegal residents is KRW 20,000,000 OR 36 months’ imprisonment. The proposed amendment presently under discussion would increase this to KRW 50,000,000 AND 5 years of imprisonment.

Voluntary Reporting for Prohibited Residents

For unlawful residents who voluntarily report their status that is residential by February 2020 and therefore are planned to go out of the united states by 30 June 2020:

• The penalty cost will be exempted.
• A “Certificate of Voluntary Departure” will soon be released, letting them re-apply for the visa that is korean the near future. On reapplying, they’ll certainly be granted a single-entry C3 visa allowing a maximum stay of 3 months. Should they then leave the united states within 3 months, and without committing any unlawful tasks, they could be eligible for multiple entries and a lengthier timeframe of stay the very next time they make an application for a visa.
• They will 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 unlawful residents who voluntarily report their domestic status by 28 February 2020 but are scheduled to go out of the nation after 30 June 2020; OR

For unlawful residents that do perhaps perhaps not voluntarily report their unlawful status that is residential 28 February 2020 and tend to be caught by government research after 2 March 2020:

• The penalty charge shall be imposed while the breach period are going to be determined from 1 March 2020.
• Whether they voluntarily reported their residential status, any international national whom paid a penalty cost for illegal residence are going to be prohibited from re-entry to South Korea for between half a year plus one year.
• Those that don’t spend the penalty cost in complete would be permanently prohibited from entering Southern Korea.

Voluntary Reporting for Companies

Production industry

• The voluntary reporting system will run between 11 December 2019 and 31 March 2020.
• The penalty fee will be exempted and their illegally-resident employees will be allowed to stay for three more months from the reporting date for employers who report during this period.

Agriculture and fishing industry

• The voluntary reporting system will run between 11 December 2019 and 15 January 2020.
• For employers whom report through this duration, the penalty charge are going to be exempted and their illegally-resident employees could have appropriate possibilities for regular work. a brand new visa kind for regular workers (E8) is under conversation during the Ministry of Justice.

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

• The reporting that is voluntary will run between 11 December 2019 and 31 March 2020.
• For companies who report through this duration, 30% regarding the penalty cost shall be imposed. Nonetheless, if they’re caught by federal government research with no reported, 100% for the cost are going to be imposed and they’re going to be prohibited from employing international nationals for at the least 36 months. The penalty charge will be determined by immigration officers on the basis of the amount of the time of violation.
• For unlawful residents reported by their companies in this duration, 30% of this penalty charge is likely to be imposed, and they’ll be allowed to work on the sponsoring business until their visa that is e9 expires. When they like to work elsewhere, the Ministry of Employment and work can help them to locate another task. Nonetheless, if they’re caught by government investigation with out reported, 100% regarding the penalty cost will undoubtedly be imposed and also a forced departure purchase.

Case Studies

Case 1

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

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

Instance 2

An D8 visa owner sponsored by business a has additionally been working at business B, which will be when you look at the group that is same company A.

The visa owner happens to be compensated from both entities but his D8 visa was sponsored by business A only, while the just work at business B had not been reported towards the immigration office.

• A penalty charge will undoubtedly be imposed for the ARC owner and company B.
• The time scale of breach shall be determined from the date the visa owner received re 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 change from instance to situation, during the discretion of immigration officers, however it is most likely that to be employed more often than not. The likelihood of a re-entry ban in these instances is just a new policy.
• The D8 visa holder and their second workplace need certainly to show it was a straightforward error and never deliberate income tax avoidance.

Situation 3

An E9 visa owner has finished just work at the visa sponsor company (company A). The E9 visa has validity that is remaining in addition to owner has acquired an innovative new task at a unique company (company B) to the office before the E9 expiration date.

• No matter visa type, working at a non-sponsoring business is unlawful together with Korean government will impose the stiffest laws in these instances.
• A penalty charge both for company and worker would be determined through the date the visa owner began work on business B.
• The visa owner may also get a departure purchase and will also be banned from re-entry to South Korea for between 6 months and something 12 months. In the event that penalty just isn’t compensated, the ban will be permanent.

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

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