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Living areas explanation

This information is drafted as of October 15, 2012.
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 Businesses and number of foreign worker introduction
The Foreign Workforce Introduction Plan containing details of the size and type of businesses allowed to employ foreign workers holding Non-professional Employment (E-9) & Working Visit (H-2) visa every year, is decided and announced by the Foreign Workforce Policy Commission.

There are 15 countries which currently have an MOU with Korea for dispatching foreign workers holding Non-professional Employment (E-9) or Working Visit (H-2) visa including the Philippines, Mongolia, Sri Lanka, Vietnam, Thailand, Indonesia, Uzbekistan, Pakistan, Cambodia, China, Bangladesh, Nepal, Kazakhstan, Myanmar and East Timor.
Foreign Workers Introduction Plan
- The Ministry of Employment and Labor announces on March 31 every year through Official Gazette , daily newspapers or the internet, a foreign worker introduction plan (「Act on the Employment, etc. of Foreign Workers」 Article 5.(1) & 「Enforcement Decree of the Act on the Employment, etc. of Foreign Workers」 Article 3):
1. Matters regarding businesses or employers that may hire foreign workers;
2. Matters regarding the number of foreign workers that may be hired by an employer;
3. Matters regarding the type of businesses or number of foreign workers that may be introduced per every country that has signed a workforce dispatch MOU with Korea;
4. Matters regarding the protection of rights of foreign workers;
5. Other matters deemed necessary by the chairperson of the Foreign Workforce Policy Commission regarding the introduction of foreign workers.
Number of Foreign Workers Permitted
- The number of foreign workers to be introduced in 2011 is as follows[「Public Notice of Decision by the Foreign Workforce Policy Committee」(Ministry of Employment and Labor Public Notice No. 2010-140) and the foreigner employment management system:
(Unit: no. of persons)

Classification

No. of persons

Manufacturing

Construction

Service

Agriculture, animal husbandry

Fisheries

Non-professional Employment (E-9)

48,000

40,000

1,600

150

4,500

1,750

Working Visit (H-2)

0

0

0

0

0

0

Total 

48,000

40,000

1,600

150

4,500

1,750

- The number of foreign workers with Non-professional Employment (E-9) visas and the number of foreign workers with Working Visit (H-2) visas are managed based on the number of new employment permits issued and increases in the number of such sojourners, respectively.
Business areas allowed to hire foreign workers
- Businesses allowed to hire foreign workers are limited to manufacturing, construction, service, fisheries, agriculture & livestock raising. In other words, permission to hire foreign workers holding Non-professional Employment (E-9) or Working Visit (H-2) visas is not open to all industries.

Type

Non-professional Employment (E-9)

Working Visit  (H-2)

Manufac-

turing

 

- Workplaces hiring less than 300 regular workers or capital of up to 8 billion won

 

Construc-

tion

 

- All constructions

※ However,  power generation, steel-makers, petro-chemical construction sites whose construction permits are granted as industrial environment facility shall be excluded.

 

Services 

- Construction waste management (3823)

 

 

 

 

 

 - Accommondation Business (55111, 55112)

  ※ Referring to accommodation business excluding hotel businesses pursuant to 「Tourism Promotion Act」 Article 3, but including grade 1 to grade 3 tourist hortl businesses pursuant 「Enforcement Decree of the Tourism Promotion Act」 Article 2 and Article 22.

- Cleaning general construction materials and industrial facilities (74211, 74212)

 - Sewers, Waste Water, and Human Waste Treatment (37)

 - Waste material collection, Transportation, Treatment, and Raw Material Recycling (38)

 - Private nursing and similar services (96993)

 - Housekeeping service (97~98)

Fisheries

- Salt gathering (07220)

 

Agricul-

tural and Livestock Raising

 

- Services related to growing crops and raising livestock (014)

- Types of businesses allowed to hire foreign workers per type of visa are as follows:
Foreign worker quota per industry
Manufacturing
- In manufacturing industry, foreign worker quota is determined per number of local workers who are insured, with details provided in the table below (The number of Korean nationals insured per workplace is determined based on the last three months average):

No. of local workers insured

No. of persons hired

No. of local workers  insured

foreign worker quota

 

Up to 10

 

Up to 5

151~200 

Maximum 25

 

11~50

 

Up to 10

201~300

Maximum 30

 

51~100

 

Up to 15

301~500

Maximum 40

 

101 or more, no more than 150

 

Up to 20

501 or more

Maximum 50

Construction
- The foreign worker quota for the construction industry is determined based on the construction value:

Annual Average Construction Value

Foreign Worker Quota

 

less than 1,500 million

 

5 persons

 

1,500 million won or more

 

Project Value × 0.4 (i.e., 0.4 person per 100 million won)

Services
- The foreign worker quota for the service industry is determined based on the number of insured local citizens and size of employment:

No. of locals insured

Foreign worker quota

No. of locals insured

Foreign worker quota

 

up to 5

 

maximum 2

16~20

maximum 7

 

6~10

 

maximum 3

※ maximum 4 for general restaurants (5611)

at least 21

maximum 10

 

11~15

 

maximum 5

 

 

※ Foreign worker quota for categories of occupation that are employment within a household or
Fisheries
《Coastal or Offshore Fisheries (03112)》
- In case of coastal fisheries (03112), the number of foreign workers that can be employed are as follows, depending on the type of fishing:

Type of coastal fishing

Foreign worker quota

(excludes those governed by the「Seafarer’s Act」)

 

Off-shore angling, off-shore drift gill-nets, off-shore stow net fishery, Off-shore traps, off-shore long line, anchovy drag nets, Off-shore purse seines, Offshore stick-held dipnets, Offshore dradge

 

maximum four persons per ship and should not exceed 40% of total headcount of fishermen on board.However,  the quota should be no more than 8 foreign workers in the case of angling workers in an angling fisheries workplace.

 

Coastal drag nets (limited to Gangwondo Province), set nets

 

maximum four persons per ship and no more than 40% of total headcount of fishermen on board.

 

coastal drift gill-nets, coastal stow nets, coastal drag nets, coastal  traps, coastal multi fishery, coastal lift-nets, coastal sailing purse seines

 

maximum two persons per ship and no more than 40% of total headcount of fishermen on board.

 

Cooperative, setting fishery

 

maximum two persons per ship and no more than 40% of total headcount of fishermen on board.

Inshore Fisheries, Cultivation (0321)》
- In the case of inshore fisheries (cultivation), the foreign worker quota per type of cultivation and area are as follows:

License (permit, report)

Type

Type of Culture

No. of foreign workers permitted

Head

count

Max. 3

Max. 5

Max. 7

「Fisheries Act 」

Article 8.(1).2.

(Seaweed culture

 industry)

hanging culture 

Area

up to 199,999㎡

200,000㎡ ~ 299,999㎡

300,000㎡ or

larger

bottom-type 

culture

Area

 up to 99,999㎡

100,000㎡~ 199,999㎡

200,000㎡ or

larger

「Fisheries Act 」

Article 8.(1).3 to 

6.

(Shellfish

culture industry)

hanging-culture, 

mixed-culture 

Area

 up to 19,999㎡

 20,000㎡~ 39,999㎡

40,000㎡ or

larger

bottom-type 

culture

Area

 up to 99,999㎡

100,000㎡~ 199,999㎡

200,000㎡ or

 larger

cage culture,

embanking culture

Area

 up to 9,999㎡

 10,000㎡~ 14,999㎡

15,000㎡ or

larger

「Fisheries Act 」

Article 41.(3).2.

In-land Marine

Cultivation

Aquariums

Area

 up to 6,600㎡

  6,601㎡~  8,250㎡

8,251㎡ or

larger

Embanking culture

Area

 up to 9,999㎡

 10,000㎡~ 14,999㎡

15,000㎡ or

larger

「Fisheries Act 」

Article 41.(3).3

Seeding 

Cultivation

In-land 

seeding 

Area

 up to 990㎡

    991㎡~ 1,652㎡

1,653㎡ or

larger

Sea-surface 

Seeding 

Area

 up to 59,999㎡

 60,000㎡~ 99,999㎡

100,000㎡ or

larger

「Inland Water

Fisheries Act」

Article 11

Reported Fisheries

In-land

cultivation

Area

 up to 6,600㎡

  6,601㎡~ 8,250㎡

8,251㎡ or

larger

※ The “Aquarium”, 'Seeding Cultivation' and 'In-Land Seeding' areas shall be measured based on the area of the aquariums.
Agriculture and livestock raising
- The foreign worker quota for the agriculture and livestock raising industry is determined based on the area of the facility and number of regular workers employed, as follows:

Size

Type of Business

Farming Size (Unit: ㎡)

Crop Growing

(011)

Facility-

based

Gardening 

·Special crops

4,000~

6,499

6,500~

11,499

11,500~

16,499

16,500~

21,499

21,500 or larger

Facility-

based

Mushrooms

1,000~

1,699

1,700~

3,099

3,100~

4,499

4,500~

5,899

5,900 or larger

Fruit  Trees

20,000~

39,999

40,000~

79,999

80,000~

119,999

120,000~

159,999

160,000 or larger

Ginseng, Vegetables ( general)

16,000~

29,999

30,000~

49,999

50,000~

69,999

70,000~

89,999

90,000 or larger

Bean Sprouts·

Seed Cultivation

200~349

350~649

650~949

950~1,249

1,250 or larger

Other gardening and special crops

12,000~

19,499

19,500~

34,499

34,500~

49,499

49,500~

64,499

64,500 or larger

Live-

stock Raising

(012)

Milk Cows

1,400~

2,399

2,400~

4,399

4,400~

6,399

6,400~

8,399

8,400 or larger

Cattle

3,000~

4,999

5,000~

8,999

9,000~

12,999

13,000~

16,999

17,000 or larger

Pigs

1,000~

1,999

2,000~

3,999

4,000~

5,999

6,000~

7,999

8,000 or larger

Horses, Elk

250~

499

500~

999

1,000~

1,499

1,500~

1,999

2,000 or larger

Chicken and Eggs

2,000~

3,499

3,500~

6,499

6,500~

9,499

9,500

~ 12,499

12,500 or larger

Other livestock raising

700~

1,699

1,700~

3,699

3,700~

5,699

5,700

~ 7,699

7,700 or larger

Selection and drying of agricultural produce & other post-harvest treatment services (01412)

regular workers

up to 10

regular workers

at least 10

regular workers

11~50

regular workers

51~100

regular workers

101 or larger

Foreign workers allowed

max. 5

max. 8

max. 10

max. 15

20 or larger

※ The following criteria are applied to the interpretation of the table above:
1. Crop raising business is based on the area of crop growing fields, livestock raising is based on the livestock raising area (including hatching area and open area);
2. Mushrooms and eggs, among others that are raised on multi-floors, the total area of all floors or areas occupied by the commodities should be counted;
3. Crop raising businesses that are not categorized should be categorized into the “Other gardening and special crops”category of business.
4. Livestock raising businesses that are not categorized should be included in the “other livestock raising”category of business.
5. Whether or not other gardening, special crops, and other livestock raising businesses are to be allowed shall be determined by the head of agricultural technology center of the si or gun or the head of the si or gun, and then the certificate of confirmation of the size of business shall be issued.
6. Agriculture-related service businesses refer to business facility maintenance & business support service (74), crop raising & livestock related service (014) and the number of regular workers is determined based on the number of workers counted in the certificate of farming size.
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