Sincere Worker Re-entry Program (Come Back to Work 1 Month After Leaving Korea)

Who can use it

You must meet all of the conditions below (외국인근로자의 고용 등에 관한 법률 제18조의4 – Act on the Employment of Foreign Workers, Article 18-4).

1) Conditions about how long you worked and changing workplaces – you must meet one of these

• During your work period (4 years and 10 months), you never changed your workplace, or
• You changed workplaces because the employer ended your contract or refused to renew it for a valid reason – in this case, your 근로계약 (employment contract) with the employer who applies for your re-entry work permit must have 1 year or more left until the end of your work period, and you must meet the rule for how long you worked in the same industry set by a 고용노동부 (Ministry of Employment and Labor) notice, or
• You changed workplaces for a reason that was not your fault, such as the business closing temporarily or permanently, or unpaid wages – in this case, your employment contract with the employer who applies for your re-entry work permit must have 1 year or more left until the end of your work period
• Even if your employment contract has less than 1 year left, it can be accepted if the head of the job placement office (government employment office) agrees it is reasonable after hearing the opinion of the Foreign Worker Rights Protection Council.

Since the law change on October 14, 2021, people who changed workplaces can also use this program. Before that, only people who worked at one workplace for the full 4 years and 10 months could use it. Now, if you completed 4 years and 10 months in the industry where you first worked, you can be accepted.

2) Industry condition

You must be working at a business or workplace that the Foreign Workforce Policy Committee has decided "finds it hard to hire Korean workers." At the time of the 2021 change, this meant manufacturing businesses with fewer than 100 regular workers, service businesses, agriculture and livestock farming, and fishing. The list of industries can change, so check with the 고용센터. (Official confirmation needed)

3) New employment contract

You must have an employment contract of 1 year or more with that employer. The contract must start on the day you return to Korea and begin work.

Steps

1. Talk with your employer – A few months before your work period ends, confirm that you both want you to keep working.
2. Sign an employment contract for after you return – Sign a contract of 1 year or more that starts on the day you come back and begin work.
3. Your employer applies for a re-entry work permit – The employer applies at the local 고용센터 before you leave Korea. This can also be done on the EPS (Employment Permit System) website (www.eps.go.kr). The employer must meet the conditions for getting a work permit, such as the limit on how many foreign workers each workplace can hire.
4. Leave Korea – When your work period ends, go back to your home country.
5. Get a visa and come back after 1 month – Get a re-entry visa and come back to Korea. You do not need to take the Korean language test or the employment training.
6. After you arrive – Register as a foreigner again and start working at the same workplace. After you come back, the rules about the work period and changing workplaces apply to you in the same way as before.

What to prepare

• 근로계약서 (employment contract) for after you return (1 year or more)
• Passport, 외국인등록증 (Alien Registration Card)
• Documents for the re-entry work permit application, prepared by your employer (follow the 고용센터's guidance)
• Documents for the re-entry visa application (follow the guidance of the Korean embassy or consulate in your country)

The fastest way to check the exact forms and list of documents is for your employer to ask the local 고용센터.

Important points

• Your employer must apply. You cannot apply yourself. The application must be finished before you leave Korea, so you should finish talking with your employer at least a few months before your work period ends.
• You must leave Korea. This program does not let you stay in Korea and keep working without a break.
• 1 month is the minimum time. It can take longer, depending on visa processing and flights. Prepare money for your living costs during that time.
• You can use it only once. Re-entry for employment is allowed only one time.
• Things to settle before you leave – Before you leave, check your Departure Guarantee Insurance (출국만기보험, a type of 퇴직금 (severance pay)) report and claim, Return Cost Insurance (귀국비용보험), National Pension lump-sum refund (국민연금 반환일시금), and payment of any wages still owed to you. For Departure Guarantee Insurance, report your planned departure to the 고용센터 1 month before your planned departure date, and apply for payment to the insurance company at least 7 days before you leave.
• If you do not meet the conditions, there is a separate path through the Special Korean Language Test. If you were re-hired and left Korea on your own before your stay period ended, and then pass the Special Korean Language Test, you can work in Korea again 6 months after the day you left.

Frequently asked questions

Q. I changed companies once. Can I still apply? A. Maybe. It can be accepted if you changed because of your employer's fault or because your employer ended the contract for a valid reason, and you completed 4 years and 10 months in the same industry. Ask the 고용센터 to check your own work history.

Q. Can I come back to a different company? A. This program is based on returning to the same employer who applied for your re-entry work permit. If you want to go to a different company, you must follow the normal rule and go through the process again 6 months after you leave.

Q. How many years can I work after I come back? A. After you come back, the work period rules apply in the same way. This means you can work 3 years, and if you get a re-hire permit, you can work 1 year and 10 months more.

Q. Do I need to take the employment training again? A. No, you do not. The Korean language test and the employer's process of first trying to hire Korean workers also do not apply.

Q. Which is better: changing to E-7-4 or this program? A. With E-7-4, you do not need to leave Korea, you can stay long-term, and you can bring your family. If you can meet the points requirement, it is a good idea to check E-7-4 first.

Where to get help

• 고용노동부 Customer Counseling Center 1350
• Immigration Contact Center (외국인종합안내센터) 1345 (many languages)
• Your nearest 고용센터 (to apply for a re-entry work permit)
• EPS (Employment Permit System) website www.eps.go.kr