About this status of stay
Non-professional Employment (E-9) is the status of stay for foreign workers who come to Korea through the Employment Permit System (고용허가제) under the Act on the Employment of Foreign Workers (외국인근로자의 고용 등에 관한 법률) and work at a company that has received an employment permit (Enforcement Decree of the Immigration Act [출입국관리법 시행령], Appended Table 1-2). As a rule, you work at the workplace that first received the permit, and moving to another workplace requires specific reasons and procedures.
You can work for 3 years from the date you entered Korea. If your employer requests re-employment, this can be extended once, for less than 2 years (Act on the Employment of Foreign Workers Articles 18 and 18-2).
How a legal problem affects your stay
For E-9 workers, criminal cases and labor problems quickly become problems with your stay. Missing the steps for changing workplaces, or working somewhere else without permission, is itself a violation of the Immigration Act (출입국관리법).
If you receive a criminal penalty
If you are sentenced to imprisonment (with or without labor), the ground for deportation can become an issue (Immigration Act Article 46(1)(13)). A fine is not a ground for deportation, but it counts against you when you apply to extend your stay or change to another status of stay. For example, in the review for changing to skilled worker (E-7-4) status, you cannot apply if you received a fine of KRW 3 million or more in the last 10 years, and smaller fines also lower your points (Ministry of Justice guidance manual [법무부 체류민원 자격별 안내 매뉴얼]).
If you change companies without permission
If you start working at a new company before you receive permission to change workplace, you can be punished for violating Article 21 of the Immigration Act (Article 95(6)) and can become subject to deportation (Article 46(1)(9)). Even after your new company is decided, start working only after the permission comes through.
If you stop going to work without notice
If an employer cannot find out where a foreign worker is, the employer must report this to the immigration office within 15 days (Immigration Act Article 19(1)(2)). Once such a report is made, it can become hard to change workplaces or keep your stay, so keep a record of why you want to leave the company and of your contact with it.
If you miss the deadline to change workplaces
If you do not apply to change workplaces within 1 month after your employment contract ends, or do not receive permission to change workplace within 3 months after applying, you must leave Korea. If you could not apply because of a work injury, illness, pregnancy or childbirth, the period is counted from the day that reason ended (Act on the Employment of Foreign Workers Article 25(3)).
Common problems with this visa
When you want to change companies
You can apply to change workplaces in cases such as: the employer ends or refuses to renew your contract for a legitimate reason; the business is suspended or closed; or it becomes hard to keep working for reasons that are not your fault, such as violations of working conditions or unfair treatment, as set out in a public notice by the Minister of Employment and Labor (Act on the Employment of Foreign Workers Article 25(1)).
As a rule, you can change workplaces up to 3 times during the first 3 years and up to 2 times during the period extended by re-employment. Changes for reasons that are not your fault are not counted (Article 25(4) of the same Act).
When you have not been paid wages or severance pay
Whatever your status of stay, you can claim pay for the work you did and severance pay. We look at a petition to the Labor Office, a civil lawsuit and provisional attachment (a procedure that freezes the employer's property in advance) together.
Severance pay is paid through Departure Guarantee Insurance (출국만기보험) that your employer has signed up for, and the insurance money is paid within 14 days after you leave Korea (Act on the Employment of Foreign Workers Article 13). If wages keep going unpaid, this can also be a reason to change workplaces, so collect your bank statements and work records.
When you are injured at work
If you are injured or become ill because of your work, you can apply for industrial accident insurance benefits whatever your status of stay. While you are being treated, the deadline for changing workplaces is counted from the day that reason ends.
If treatment takes a long time and your period of stay ends, you can change to Miscellaneous (G-1) status to continue treatment, and if you still have time left under the maximum period of stay, there is a procedure to return to E-9 status after treatment (Ministry of Justice guidance manual).
What happens to your stay, depending on the outcome of your case
Whatever your status of stay, the outcome of a criminal case leads to a review of your stay. Below is a summary based mainly on the standards set by law. The actual decision is made by the immigration office, which looks at what happened in your case together with your life in Korea.
- Case not referred to prosecutors, or suspended indictment
- These are not criminal penalties, so they do not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, under the Act on the Lapse of Criminal Sentences (형의 실효 등에 관한 법률), a suspended indictment (기소유예, where prosecutors decide not to charge you) and some decisions not to refer a case to prosecutors (불송치) stay in investigation history records for a certain period, and these can be checked when needed for a foreigner's naturalization or stay permit (Article 6(1)(6) and Article 8-2). How long they stay depends on the legal penalty for the offense. Reviews that look at your conduct, such as for Residence (F-2) and Permanent Residency (F-5), also check this kind of case history.
- Fine (including a summary order)
- A fine does not count as 'imprisonment without labor or a heavier sentence', which is a ground for deportation. However, it counts against you in reviews for extending your stay, changing your status of stay, permanent residency and naturalization, and if the violation is serious your stay permit can be cancelled (Immigration Act Article 89(1)(5)). The Ministry of Justice review standards have many items that look at the amount of the fine and how much time has passed since you paid it. Under the Criminal Procedure Act (형사소송법), if you received a summary order (약식명령, an order that sets a fine without a trial), you can request a formal trial within 7 days of receiving it (Article 453).
- Suspended sentence of imprisonment
- A suspended sentence (집행유예) is still a sentence of imprisonment with or without labor, so the ground for deportation ('a person sentenced to imprisonment without labor or a heavier sentence and released', Immigration Act Article 46(1)(13)) can become an issue. The review standards for Residence (F-2), Permanent Residency (F-5), Overseas Korean (F-4) and other statuses treat even a suspended sentence as a disqualifying reason for a set period from the date the judgment becomes final.
- Prison sentence
- You can become subject to deportation when you are released after serving your sentence, and the prison warden must notify the immigration office about a foreigner whose release has been decided (Immigration Act Article 84(2)). Deportation proceedings can also go ahead while you are still serving your sentence (Article 85). If you leave Korea under a deportation order, you can be banned from entering Korea for 5 years after that (Article 11(1)(6)).
- Immigration Act violations (overstaying, working without permission, etc.)
- After an investigation by the immigration office, you may receive a notice to pay an immigration fine (범칙금, money paid in place of a criminal fine) or be reported for prosecution (Immigration Act Articles 102 and 105), and this can then lead to a departure order or deportation. A record of immigration fines also counts as a record of breaking the law in later reviews of your stay.
- Departure orders and deportation orders
- A departure order tells you to leave Korea on your own by a set deadline, and the deadline is set within 30 days from the date the order is issued (Immigration Act Article 68; Enforcement Rules Article 65). For a deportation order, you can file an objection with the Minister of Justice within 7 days of receiving the order (Article 60). Filing an administrative appeal or an administrative lawsuit does not stop the order from taking effect, so you also need to apply for a stay of execution.
Frequently asked questions
Can I change companies if my boss will not agree?
Your boss's consent is not always needed. If there is a reason that is not your fault, such as the business being suspended or closed, or violations of working conditions or unfair treatment like unpaid wages or violence, you can apply to change workplaces. But you have to show that reason with evidence, so first collect things like bank statements, medical certificates and messages.
What happens if I quit and cannot find a new company within 3 months?
If you do not receive permission to change workplace within 3 months from the day you applied to change workplaces, you must leave Korea (Act on the Employment of Foreign Workers Article 25(3)). If this is because of a work injury, illness, pregnancy or childbirth, the period is counted differently, so prepare proof such as a medical certificate.
If I get a fine, will I be unable to get re-employment or an extension of stay?
The law does not set a standard based on the amount of the fine. However, a fine counts against you in reviews for extending your stay and changing your status of stay, and some reviews look closely at your fine history, such as a change to skilled worker (E-7-4) status. This is why it is important to get a lighter outcome while the case is still under investigation.
I reported that I was not paid, and now my company says it will report me for workplace desertion.
Claiming your wages is your right as a worker, and unpaid wages can be a reason to apply for a change of workplace. Keep a record of why you could not go to work and of your contact with the company. Filing a petition with the Labor Office first also gives you a basis for explaining that you did not desert your workplace.
Can I change from E-9 to another status of stay?
There are many limits. A person who has worked legally for a certain period and meets the points requirements may change to skilled worker (E-7-4) status, but this review also looks at fines, the number of Immigration Act violations and any history of illegal stay. The guidance says that changing from E-9 to Student (D-2) status inside Korea is not allowed (Ministry of Justice guidance manual).
Get advice right away if
- The police contacted you to come in for questioning, or you received a summary order (a fine)
- Your boss will not agree to a change of workplace or says they will report you for workplace desertion
- Your employment contract has ended and you do not know what to do within the 1-month deadline
- You have not been paid wages or severance pay, or you were injured at work, and your period of stay is about to end
Related guides
Legal basis
- Immigration Act Articles 19, 21, 46 and 95
- Enforcement Decree of the Immigration Act, Appended Table 1-2
- Act on the Employment of Foreign Workers Articles 13, 18, 18-2 and 25
- Ministry of Justice guidance manual on stay permits by visa type (Sept. 2026): Non-professional Employment (E-9), Specially Designated Activities (E-7-4)
This guide is based on the Immigration Act (출입국관리법) and its Enforcement Decree and Enforcement Rules in force as of October 2026, and on the Ministry of Justice guidance manual on stay permits by visa type (법무부 체류민원 자격별 안내 매뉴얼, Sept. 2026). Ministry of Justice review standards can change at any time.
This guide is for reference only. The immigration office decides whether you can stay by looking at what happened in your case together with your life in Korea, so the same decision can lead to different results depending on your situation.