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[Q] re entry

good day. I just want to ask if I'm eligible for sincere worker I will not change my company. I first came here last November 28, 2007, I returned home last September 23, 2012, then I came back here last September 28, 2016. my contract for 4 tears and 10 months will finish in July 2021. I want to know if I am eligible for re-entry via sincere worker. we do have more than 10 Korean employees. thank you

By chi | 2019-06-23

[A]

1. Hello, this is Ministry of Employment and Labor Counseling Center.


 


2. We think that you have enquired in regards to “re-entry system for committed workers”, and please refer to the following reply.


 


    A. “Re-entry system for committed workers” shall apply to foreign workers on E-9 visa those who have worked during the employment period (4 years and 10 months) without changing place of work are allowed to re-enter and work again in the Republic of Korea after 3 months have passed since their voluntary departure.


 


    B. When an employer requests an employment permit after re-entry before any foreign worker who meets all of *the following eligibility requirements departs from the Republic of Korea due to the expiration of the period of service extended, it may be allowed the re-employment of the foreign worker after the lapse of three months from the date of his/her last departure from the Republic of Korea:
        <Article 18-4 (Special Cases for Limitation on Employment after Re-entry) of the Act on Foreign Workers’ Employment, Etc.> 




       ① The foreign worker has never transferred to another business or workplace during the employment after entry to Korea on E-9 visa under the Employment Permit System;

          ※ Namely, where the foreign worker has changed his/her workplace which is deemed unable to continue to work in the business or workplace due to a reason not attributable to him/her, such as temporary shutdown or permanent closure of business, a term of labor contract with the last employer shall be one year or longer until the expiration date of the employment period;

       ② It shall be applied in the agriculture & livestock, fishery sector, or manufacturing (including root industries) businesses with 50 workers or fewer;

       ③ The foreign worker should have entered into a contract of employment with the employer for more than one year in effect from the date of starting work after he/she re-enters the Republic of Korea;

       ④ The foreign worker who meets criteria for the issuance of a visa issuance certificate according to Article 17-3 of Enforcement Rule of the Immigration Control Act;

          ※ From December 8, 2017, where a foreign worker on E-9 visa has stayed in the Republic of Korea for five years or more, he/she is not allowed to re-enter to the Republic of Korea as a visa issuance certificate shall not be issued to him/her.
       ⑤ Workplace or business shall fulfil the necessary matters concerning the issuance of employment permits for foreign workers, such as the limit of employment of foreign workers in each workplace (namely, efforts to employ native workers is not required).


    C. Foreign worker who is entitled to re-entry shall make a labor contract before departure from the Republic of Korea and surrender his/her allen registration certificate to an immigration control official and depart from the Republic of Korea before the expiration of the period of stay and report return home at the sending in his/her home country within 7 days from the date of departure. In addition, the employer shall apply for an employment permit of re-entry between three months and seven days before the end of expiration of the extended employment period.


    


 D. For more information regarding the issuance of employment permits of re-entry and re-entry system for committed workers, please contact the competent job center which has jurisdiction over the workplace.


 


3. If you have any questions, please call us on 1350 (press 4 and 1 for English).


 


  Yours sincerely

By e-mail to yo221@korea.kr | 052-702-5170
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