“Temporary Exit Led to Entry Ban?”

Resolving Foreign Workers’ Complaints

-      A foreign worker denied re-entry after temporarily leaving the country before receiving their Alien Registration Card.

-      The Anti-Corruption & Civil Rights Commission (ACRC) facilitates discussions with the Ministry of Employment and Labor and the Ministry of Justice to open the path for re-entry.

(September 9, 2024, ACRC)

A foreign worker, who was unable to re-enter Korea after a temporary exit before obtaining their Alien Registration Card, had their grievance resolved with the help of the ACRC.

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Ryu Chul Whan) presented a customized solution, such as issuing a temporary employment permit number, to address the issue of a foreign worker, who had entered the country under the Employment Permit System (E-9 visa) but was denied re-entry after a temporary exit before completing their alien registration.

Mr. A, a Vietnamese national, entered Korea in December 2023 through the Employment Permit System and started working at a manufacturing company in Hwaseong, Gyeonggi Province.

Before receiving his Alien Registration Card, Mr. A temporarily exited Korea in February of this year to attend an overseas company workshop but was denied re-entry into Korea.

The Ministry of Justice argued that the E-9 visa, issued under the Employment Permit System, is a single-entry visa and can only be used once. Therefore, the Ministry of Employment and Labor needed to reissue Mr. G’s employment permit.

On the other hand, the Ministry of Employment and Labor maintained that Mr. A’s employment permit was still valid, making reissuance unnecessary, and suggested that the Ministry of Justice should reissue Mr. A’s visa issuance certificate (E-9).

Faced with these conflicting stances, Mr. A filed a grievance with the ACRC in March, seeking help to allow his re-entry into Korea.

After multiple consultations with the Ministry of Employment and Labor, the Ministry of Justice, the Human Resources Development Service of Korea, and the Korea Employment Information Service, the ACRC reached the following conclusions:

▴ Mr. A had already applied for the earliest possible appointment for foreigner registration following his return.

▴ He was unaware that leaving the country temporarily before completing foreigner registration would result in re-entry denial, and his six-day absence was due to an unavoidable overseas company workshop.

▴ Permitting Mr. A’s re-entry neither undermines the Employment Permit System nor the immigration control framework. On the contrary, it would contribute to alleviating the domestic labor shortage.

Based on these considerations, the ACRC expressed its opinion in June that Mr. A should be granted permission to re-enter Korea.

Following this, the Ministry of Employment and Labor issued Mr. A temporary employment permit number, and the Ministry of Justice reissued his visa issuance certificate (E-9). The Republic of Korea Embassy in Vietnam and the Human Resources Development Service of Korea were ly notified, allowing Mr. A to complete the visa reissuance process and successfully re-enter Korea.

Chairperson Ryu Chul Whan of the ACRC remarked, “This case is particularly significant as it successfully addressed a complex issue stemming from the divided responsibilities between the Ministry of Employment and Labor and the Ministry of Justice. By promoting mutual understanding and collaboration among relevant institutions, we were able to offer a tailored and effective solution.”

He further emphasized, “The ACRC remains committed to safeguarding the rights of foreign workers and resolving the difficulties faced by businesses grappling with labor shortages. We will also continue to proactively identify and reform any unreasonable systems.”