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  • Consultation on a Taiwanese Employee Visa
    • 담당부서 : 외투기업고충처리실(고상원)
    • 조회수 : 3,124
  • Organization : Self disposal
  • Regulation : Mutual agreement regulations
Grievance
Grievance
Company A imports new machinery, parts and tools from Japan.

Two Japanese consultants and a consultant from the Taiwanese subsidiary were dispatched to offer technical assistance to employees at the local Korean branch. The employees from Japan are allowed to reside in country for 90 days without a visa while the one dispatched from Taiwan was only allowed to reside for 30 days. The question was whether they are allowed to conduct technology transfer activities under their current visa status if they do no receive financial composition for technical services, or whether they would have to receive a C2 visa and if there are any other alternatives.

For the Japanese Consultants;
Due to a mutual agreement between Korea and Japan, employees from either country are allowed to reside in their respective countries for 90 days without a visa. Activities allowed under this classification include those allowed under a general C-3 short-term visa. In other words, the aforementioned dispatched employees from Japan are allowed to tour and pass through Korea, participate in meetings or attend certain classes, collect research materials and conduct similar activities. However, only not-for-profit work is allowed.

Resoultion and Results
Resolution and Results
Action Taken by OIO:

Since these technical assistants are not paid for by the local subsidiary, it can be considered not-for-profit activity. Negotiations with the Taiwanese and Korean governments resulted in an agreement to allow for a 30 stay without a visa that allows for tour, receipt of medical treatment, visits to relatives and passage through Korea. However, it would not allow for non-compensated transfer of technology by the employees dispatched from the Taiwanese subsidiary. Therefore, a C2 visas must be issued in order for the Taiwanese consultant to be allowed to offer consulting services. Another possibility would be to sign up for the APEC Business Travel Card (BTC). Holders of BTCs are allowed to enter Korea without a visa, but regular Taiwanese citizens can register for a card with the Taiwan Department of Justice.