Unauthorized Employment
Working Without Authorization in Korea
Working in Korea without a valid work visa — or outside your permitted work scope — constitutes unauthorized employment. Both the employee and the employer face serious consequences.
Types and Consequences of Unauthorized Employment
Immigration Act Article 17 requires foreigners to work only within their authorized scope. Article 20 requires separate permission for activities outside the visa category.
- Working on tourist/short-stay visa (B-2, C-3): Forced departure possible
- Student (D-2) exceeding permitted part-time hours: Visa cancellation risk
- Working outside permitted industry for your work visa: Visa category violation
- Employer: Criminal penalty and large fines for hiring unauthorized workers
The Investigation and Review Process
When unauthorized employment is discovered, both the worker and employer face proceedings.
- Unauthorized employment discovered through enforcement or report
- Immigration Office investigation and offense review
- Disposition: fine, departure recommendation, or forced departure
- Separate criminal investigation and fine for employer
How Sunshine Can Help
Our office provides:
- Guidance on self-reporting and regularizing status
- Representation and written opinion at immigration review
- Preparation of mitigating documents for reduced penalty
- Employer representation and fine objection support
선샤인행정사사무소
서울 중구 퇴계로 324, 3층 · +82-2-363-2251
Frequently Asked Questions
Can I work part-time on a student visa?
D-2 students are permitted to work part-time within Ministry of Justice-approved limits. Exceeding those limits without authorization constitutes unauthorized employment.
My employer said it was fine. Am I still responsible?
Yes. The employer's permission does not remove your personal liability under immigration law. Both you and your employer face separate penalties.
Does self-reporting reduce the penalty?
Self-reporting is considered a mitigating factor and can result in reduced penalties. Consult an expert before taking action.
This page provides general legal information only and does not constitute legal advice.