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  • Visa Extension for Dispatched Laborer D8
    • 담당부서 : 외투기업고충처리실(고상원)
    • 조회수 : 3,755
  • Organization : Ministry of Justice
  • Regulation : administrative management
Grievance
Grievance
Company R sent 4 engineers to transfer technology to a domestic company.

Initially the company invested 50 million KRW in start up costs

Usually a company has to amount per person applying for a visa

In June 2006, the company was granted eight D8 visas in return for a promise to make an additional investment.

The visas of four of the engineers dispatched expired in the beginning of December.

And now that the domestic company has to borrow facility equipment on a long-term basis from England, they can no longer afford to introduce additional capital.

As a result, the Immigration office was reluctant to extend the engineers’ visas.

Increased Investment;
Company R received confirmation, after registered for and received confirmation of high-technology based production, filed a notification for an investment of USD 100billion

In July, they were granted certification for high technology and imported equipment from England.

Company R stated that since they had invested a great amount in goods in kind, that investment should be counted as an increase in investment. And, that the ministry of justice should allow for the issuance of a D8 visa.

However, since facilities equipment was on long-term loan from the England, there was no increase in capital.

As a result, that equipment was re-capitalized.

The government official dispatched from the Department of Justice stated:

As a condition of making an additional investment, a D8 visa would be granted

Thus, for all intents and purposes, an increase in investment did occur.

However, the visa must be extended before expiration of the original visa.

Taking into consideration the special circumstance facing Company R, the department of Justice decided to waive requirement under the following conditions:
1).If the dispatched employees have proof of employment

2) If there are current financial records or a contract with a major conglomerate

3) A letter of confirmation testifying to the amount invested is sufficient to justify issuance of a D-8 visa

4). A letter of guarantee from the lead project manager

Resoultion and Results
Resolution and Results
The above information was explained to Company R

The project manager (PM) on the case confirmed receipt of written confirmation from British Company R’s manager to make a 200 million KRW increase in investment by the end of December of 2006.

The PM submitted a written request for issue of the D8 visa and submitted them.

Then Company R submitted proof of employment, and certificate of accounts and the engineers’ visas were extended.