Hiring foreign workers can bring many benefits to a company.

However, without a clear understanding of visa types and proper stay management, employers may face legal risks and administrative penalties.

Employers often overlook important issues such as visa expiration or unauthorized job assignments,

which may lead to labor office inspections, fines, and restrictions on future hiring.

Below is a guide to help employers prevent such risks by outlining critical checks

before hiring, common mistakes, and practical tips for smooth workforce management.

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5 Things Employers Must Check Before Hiring Foreign Workers

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1. Visa Type and Validity Period

Always verify the foreign worker’s visa type and expiration date.

Only certain visas are eligible for employment, and each visa type has different rules regarding permitted job types.

✅ Common work-eligible visas:

✔E-7 (Special Activities)

✔H-2 (Working Visit)

✔F-4 (Overseas Korean)

✔F-2 (Long-Term Residency)

✔F-6 (Marriage to Korean)

🔖Note: D-10 (Job-Seeking Visa), often held by graduates, allows internships or training

but must be converted to a valid employment visa (e.g., E-7) for full-time positions.

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2. Permitted Scope of Work

Having a valid visa does not mean the worker can perform any job. Each visa permits specific types of work.

✅ Example:

H-2 visa holders are only allowed to perform manual labor (e.g., manufacturing, construction, farming)

and cannot work in professional or office-based roles.

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3. Verify and Keep Copies of Stay Documents

Before employment, verify the worker’s Alien Registration Card or passport to check their visa type and expiration date.

Always keep a copy on file and track the visa expiration in advance.

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4. Check Requirements for the Employment Permit System (EPS)

For certain visas (e.g., E-9, H-2), employers must file employment permits or notifications.

Failure to do so is considered illegal employment.

✅ For details on EPS and H-2 employment requirements, refer to our [Employment Permit System Guide] (Insert link).

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5. No Discrimination in Wages and Working Conditions

Foreign workers must not be treated differently in terms of wages, contracts, or work conditions.

The Ministry of Employment and Labor is strengthening inspections related to:

Unpaid minimum wages, Lack of written employment contracts, Unfair treatment.

✅ Violations can lead to up to 3 years in prison or fines up to KRW 30 million.

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Common Mistakes and Legal Risks Employers Face

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1) Hiring Foreign Workers with Expired Visas

The most frequent issue is employing workers after their visa has expired.

Even if the employer was unaware, they are still legally responsible.

This constitutes illegal employment.

💥 Penalties: Fines up to KRW 20 million, Up to 3 years imprisonment, Future hiring restrictions.

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2) Assigning Unauthorized Job Duties

Just because a foreign worker holds a valid visa does not mean they are permitted to perform all types of work.

Assigning tasks outside the job description specified in their visa may be considered aiding illegal employment and could lead to legal penalties.

✅ Example:

E-7 visa holders must only perform the specific job code approved for their visa

(e.g., E-7-1: Design, E-7-2: Interpretation/Translation, E-7-3: Culinary, E-7-4: Programming).

Assigning different duties constitutes a violation.

✅ H-2 visa holders can only work in manual labor sectors (e.g., manufacturing, construction, agriculture).

Employing them in office or technical positions is a violation of visa conditions.

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3) Failure to Report Employment

Employers must report the employment of foreign workers to Immigration within 15 days.

Failure to do so results in fines and future hiring restrictions.

✅ Reports can be submitted via the Immigration Office website or in person.

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4) No Written Employment Contract

Relying on verbal agreements due to language barriers can lead to disputes regarding unpaid wages or severance pay.

A written employment contract is mandatory, even for foreign workers.

A signed copy must be given to the employee. Failure to do so violates the Labor Standards Act and can result in administrative fines.

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Need a Custom Visa or Labor Support Service?

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HanGuk Visa offers personalized services for: Personal and corporate visa processing,

Translation support, Employment and labor-related solutions.

We go beyond just visa processing — we support foreign workers with:

✔Employment contracts

✔Wage condition reviews

✔Unpaid wage responses

✔Practical legal guidance on labor issues

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We provide customized visa solutions tailored to your specific situation.

If you have any questions or need detailed consultation, please feel free to contact us using the information below :)

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📞 Tel: 02-3210-1113

✉ KakaoTalk Channel: 한국비자

📣 Instagram: @hanguk_visa