Below are the results of finding by the Justice Department’s dispatched government officialsCompany P’s obligation
The company must alert the Immigration Bureau, within 15 days of release of an employee, of an employee’s termination.
The immigration office will impute the information into their system, and it will be referred to during departure immigrationsEmployee Obligation
If as a result of contract termination and as a consequence, and if the qualifications for residence change, he/she must register for a change in visa status within 30 days of the change.
In the case that there is no change of status, then the person in question must leave the country within 30 days of contract termination.
Issuance of Departure Order;
When issuing departure orders, the date of departure is determined within a 14 day period.
However, since the issuance of such an order is in accordance with article 68 of Immigration Law, (primarily violation). Article 19 of the same law does not specifically apply to issuance of noti
Resoultion and Results
| Organization |
- |
Regulation |
- |
Grievance
| Grievance |
Due to unforeseen circumstances, USA Company P was forced to terminate an American employee holding E-7 visa status before completion of his/her contract.
Due to the urgency of the situation, the company was unable to give the aforementioned employee the normal one month advance notification.
Information Request from OFIO;
According to pertinent laws, persons receiving departure notice, must depart from Korea within 14 days of notice. However, in this case, as the person in question was accompanied by family members, the allotted 2 weeks far too short.
Since the company has been able to maintain good relation with the aforementioned employee to day, Company P expressed a desire to assist the employee to the best of their ability. The company requested that the office check into what measures that need be taken by the employer.
Governing Regulations;
Obligation of Employers to Foreign National Employees
Obligations Pertaining to Release of Employee
Immigration Law Article 19
In such a case that an employee of foreign national origin is dismissed, that employee must notify the head of the office immigration within 15 days of receiving notification.
Obligations to and registration of foreign employees
Change in Visa Status;
Immigration Law Article 24
In order for a foreign national to engage in activities aside from those permitted under that held, that person must receive prior approval from the Minister of Justice.
Within 30 days after change in status occurs, that employee must register that change
Requests for registration for an extension of sojourn period
According to Immigration regulation 32,
When the period of approved sojourn has expired, and work completed, the person in question may register for an extension of stay under the following conditions.
[For a period not exceeding 30 days upon approval of the head of the Bureau of Immigration]
For a resident alien, who has completed his/her period of sojourn and wishes to extend his/her period of stay in order to travel domestically or in which no means of transportation out of country is available
Requests must be submitted with a statement explaining the reason for the request |
Resolution and Results
| Resolution and Results |
Below are the results of finding by the Justice Department’s dispatched government officialsCompany P’s obligation
The company must alert the Immigration Bureau, within 15 days of release of an employee, of an employee’s termination.
The immigration office will impute the information into their system, and it will be referred to during departure immigrationsEmployee Obligation
If as a result of contract termination and as a consequence, and if the qualifications for residence change, he/she must register for a change in visa status within 30 days of the change.
In the case that there is no change of status, then the person in question must leave the country within 30 days of contract termination.
Issuance of Departure Order;
When issuing departure orders, the date of departure is determined within a 14 day period.
However, since the issuance of such an order is in accordance with article 68 of Immigration Law, (primarily violation). Article 19 of the same law does not specifically apply to issuance of noti
| |
