E-9 workers: a second job or delivery side job is illegal

When does this apply?

All of the following are work without permission.

• Delivery agency work or motorcycle delivery – work where you get paid for each delivery through an app. It does not matter if you register as a self-employed business or not. It is not your assigned E-9 workplace.
• Part-time work at another factory on weekends or at night – this is a violation even if the hours are short and even if it is only one day.
• Daily-paid work on a farm or in a greenhouse – even if you are paid in cash, there is still a record.
• Restaurant kitchen or hall work, general labor at construction sites – the workplace is different, and the type of industry is also different.
• Working under another person's name – both the person who borrows the name and the person who lends it are in trouble.
• Part-time work while you are looking for a new job after applying to change your workplace – you cannot work during the job-search period.

Why is it illegal?

• The 출입국관리법 (Immigration Act) Article 18(2) says that a foreigner with a work visa cannot work anywhere other than the assigned workplace. E-9 is a work visa, but it is tied to one company written on your 고용허가서.
• To change or add a workplace, you must get permission in advance under Immigration Act Article 21. If you work somewhere else without permission, it is a violation.
• On E-9, you can move to another company only through the workplace change process in Article 25 of the 「외국인근로자의 고용 등에 관한 법률」 (Act on the Employment of Foreign Workers). This system does not allow working at two places at the same time.
• Short hours, weekends, cash payment, registering as a self-employed business – whatever the form, the result is the same. There is only one question: "Is this my permitted workplace?"

What happens if you are caught?

You, the worker

You get a fine (a notice to pay a fine). The amounts come from Appendix 7 of the Enforcement Rules of the Immigration Act.

Time worked outside your permit	Less than 3 months	3–6 months	6 months–1 year	1–2 years	2 years or more
Fine	1,000,000 원	2,000,000 원	3,000,000 원	5,000,000 원	10,000,000 원

• This table is only a standard. The amount can go up or down depending on your situation. The standards can also change, so check with 1345.
• If you do not pay the fine by the deadline, you are reported to the authorities and go to criminal court. The legal penalty is up to 1 year in prison or a fine of up to 10,000,000 원 (Immigration Act Article 95).
• Your permission to stay can be canceled, you can be ordered to leave Korea, or you can be deported.
• If you are deported, under Immigration Act Article 11 you cannot enter Korea again for a certain period (usually 5 years).
• A record of breaking the Immigration Act lowers your score in the E-7-4 points system. If you break it 4 times or more, you cannot apply for E-7-4 at all.

The employer who gave you the work

• An employer who hires a foreigner without permission to change or add a workplace can also get up to 1 year in prison or a fine of up to 10,000,000 원 under Immigration Act Article 95.
• A person who takes a fee to connect workers with this work is punished separately.
• That workplace may be limited from hiring foreigners in the future.

Why motorcycle delivery is especially dangerous

• Insurance – Delivery for money is "paid transport." If you have only home or personal motorcycle insurance and have an accident while delivering, the insurance company will usually refuse to pay. You may have to pay all the medical costs, the settlement money (money paid to the other person to settle), and the repair costs for the other vehicle yourself.
• License – Depending on engine size, a motorcycle needs a moped license (원동기장치자전거면허) or a Class 2 small vehicle license (2종 소형면허). Driving without a license is punished under the 도로교통법 (Road Traffic Act) Article 152 with up to 1 year in prison or a fine of up to 3,000,000 원. A fine can also affect your visa.
• Industrial accident insurance (산재) – Courts have said that if you get hurt while working as a worker, industrial accident insurance applies, even if you have a visa problem. So it is not correct to say "if it is a second job, you can never get industrial accident insurance." But most delivery agency work is not an employment contract. It is usually a "labor provider" (self-employed) type of work, so the process is different. If you worked under another person's name, there is no record of you, so it is very hard to get compensation. To check if it applies to you, call 근로복지공단 (Korea Workers' Compensation and Welfare Service) 1588-0075. (Official confirmation needed)
• If you have an accident, not only the medical costs become a problem — the fact that you worked outside your permit also comes out.

Cases that are easy to confuse

• Helping with a different task inside the same company – If you do work the company asks you to do inside the workplace written on your 고용허가서, you have not left your workplace. But if the work is very different from the work in your 근로계약서 (employment contract), you can raise this separately as an employment contract issue.
• Your boss sends you to another company or a private farm – If you are sent to a place with a different business registration, this can count as working somewhere other than your assigned workplace. In this case, the employer is also breaking the law. If you get this kind of order, check with 1345 first. (Official confirmation needed)
• Helping for a short time without pay – If there is no payment, it may not count as work, but the standard is not clear. If you do it again and again or get something in return, it counts as work. (Official confirmation needed)
• Adding a workplace in some industries such as farming and livestock – Some industries have a system where you can add a workplace with permission in advance. You must apply in advance, and it goes through an agency. Working first and reporting later is not accepted. To check if this applies to you, ask 고용센터 (Employment Center) or 1345. (Official confirmation needed)

Legal ways to earn more

1. Get your overtime, night and holiday pay correctly. At a workplace that regularly has 5 or more workers, you get an extra 50% for overtime, an extra 50% for night work (10 p.m.–6 a.m.), and an extra 50% for holiday work up to 8 hours. You can do up to 12 hours of overtime per week. Check your 급여명세서 (pay slip) and your work time records every month.
2. Talk with your company about working hours. You can ask to move to a department or task where there is overtime work.
3. Use the workplace change system. This is a way to move to a place with better conditions through the official process. Apply at 고용센터 within 1 month from the day your employment contract ends.
4. Change to E-7-4 (skilled worker). This is for people who have worked for 4 years or more on E-9, E-10 or H-2. You need a contract with a yearly salary of 26,000,000 원 or more and 200 points out of 300. On E-7-4, you are not limited by the Employment Permit System's limit on the number of workplace changes, and you can invite your family. But when you change workplace, you still need permission from, or must report to, 출입국·외국인관서 (Immigration Office). (Official confirmation needed)
5. Prepare certificates and Korean language. A craftsman-level national certificate (기능사) gives 20 extra points for E-7-4, and Korean language can give up to 120 points. These can also help you get a raise at your company.
6. Do not miss money you are owed. 퇴직금 (severance pay), the difference between it and 출국만기보험 (departure guarantee insurance), pay for unused annual leave, and the year-end tax refund are often more money than a second job.

Frequently asked questions

Q. Is it a problem if I work only one day on the weekend? A. Yes. Even if it is short, you worked somewhere other than your assigned workplace. The length of time only affects the amount of the fine.

Q. My boss tells me, "Go and work at another factory." A. If it is a company with a different business registration, it can be a violation. Your boss cannot punish you or treat you badly for refusing. Check with 1345 first.

Q. Can I register as a self-employed business and do deliveries? A. No. E-9 is not a visa that allows you to run a business. The registration itself can be another violation.

Q. I already did it for a few months. What should I do? A. First, stop. Then get advice from 1345, your local 출입국·외국인관서, or 대한법률구조공단 (Korea Legal Aid Corporation) 132. It is better to explain the facts honestly and check how to handle it.

Q. I had no money to live on because my wages were not paid. A. You can report unpaid wages on their own, and unpaid wages are also a reason to change your workplace. File a complaint through 1350 or the Labor Portal. Foreigners who report unpaid wages are not reported to immigration by the labor inspector.

Where to get help

• Immigration Contact Center (외국인종합안내센터) 1345 (many languages, questions about your stay and workplace)
• Foreign Workers Counseling Center (외국인력상담센터) 1577-0071 (many languages, including Nepali)
• 고용노동부 (Ministry of Employment and Labor) Customer Counseling Center 1350, Labor Portal labor.moel.go.kr
• 근로복지공단 1588-0075 (industrial accidents)
• 대한법률구조공단 132 (free legal advice)
• 하이코리아 (HiKorea, government website for foreigners) www.hikorea.go.kr