Hiring a foreign employee in Korea under the H-2 Visa (Work Visit Visa)? Whether you're an HR manager or a small business owner, missing a single step in the process could lead to serious legal trouble—visa cancellations, fines, or even business penalties.
What is the H-2 Visa?
The H-2 visa is a Work Visit Visa primarily for ethnic Koreans living abroad, especially Chinese-Koreans (Joseonjok). It allows them to work in designated industries like:
✅ Step-by-Step Legal Process for Hiring H-2 Workers:
Here’s the simplified legal checklist you must follow before onboarding a foreign worker under the H-2 visa:
1. Local Hiring Effort Documentation
Before hiring a foreigner, you must advertise the job for 7–14 days to prove you couldn’t find a local worker.
- Save screenshots or printed ads as proof.
- This is mandatory for applying for special hiring approval.
2. Certificate of Special Employment Eligibility
Issued by the Ministry of Employment and Labor, this certificate proves that hiring a foreigner is legally permitted.
- Apply via the Employment Support Center.
- Submit supporting docs (e.g. business registration certificate).
3. Standard Employment Contract
You must sign a contract with the foreign worker and keep a copy for submission to authorities.
- Use the government-provided template to ensure legal validity.
4. Employment Insurance Registration
The worker must be registered for Employment Insurance on the first day of work.
- File the “Insurance Eligibility Report” at your local job center.
5. Social Insurance Enrollment (4 Major Insurances)
Employers must register the worker for:
- Health Insurance
- National Pension
- Employment Insurance
- Industrial Accident Compensation
🔺 Failure to register may result in fines and administrative penalties.
6. Employment Commencement Notification
You are legally required to report the worker’s start of employment within 14 days.
- Report through the immigration system or related platforms.
- Missing this step can invalidate the visa.
7. ID & Visa Document Collection
You must collect and store copies of the following:
⚠️ Real-World Mistakes to Avoid:
Many employers face penalties because they:
- Forget to file insurance or report employment start
- Miss visa expiry deadlines
- Fail to retain copies of signed documents
👉 Tip: Set monthly reminders to review all foreign worker documentation.
If your business is in construction, manufacturing, or outsourced services, check for additional manuals or policies from the Employment Center or Immigration Office.
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