"If It Is Not the Foreign Worker’s Fault"

Foreign Workers Should Be Allowed to Enter Korea Even If the Confirmation of Visa Issuance Has Expired

- The ACRC recommended that the Ministry of Justice (MOJ) take measures such as extending the validity of the Confirmation of Visa Issuance (CVI) for foreign workers whose CVIs expired due to tuberculosis screening.

(22, August. 2025, ACRC)

The Anti-Corruption and Civil Rights Commission (ACRC, Chairperson Ryu Chul Whan) expressed its opinion to the Ministry of Justice (MOJ) that where a foreign worker who had obtained a Re-entry Special Employment Permit* from the Ministry of Employment and Labor (MOEL) departed for Bangladesh and the three-month validity of the CVI for a Non-professional Employment (E-9) visa unavoidably expired during mandatory tuberculosis screening for re-entry, the worker should be allowed to enter Korea by extending the CVI’s validity, as the expiry was not due to the worker’s intent or negligence.

* Re-entry Special Employment Permit: a system under which a foreign national who has worked in Korea for 4 years and 10 months on E-9 status may leave the country and re-enter for employment after one month, with an exemption from the Korean-language test (EPS-TOPIK) and simplified visa issuance procedures.

A Bangladeshi national, Mr. A, who entered Korea through the Employment Permit System (EPS) in September 2018, worked at a workplace located in Yangju, Gyeonggi Province (hereinafter, "the workplace in question") from December 2022 until the expiration of his permitted employment period on June 25, 2024, after changing workplaces during his stay.

Having obtained a Re-entry Special Employment Permit (36 months) from the MOEL on May 31, 2024, Mr. A departed for Bangladesh on June 26, 2024, the day after his employment period ended. Six days after arrival, on July 3, 2024, he reported his return to Bangladesh Overseas Employment and Services Limited (BOESL) * to proceed with re-entry, and he underwent a medical examination on August 9, 2024, to submit the required s. During this process, tuberculosis was suspected, and he underwent a second detailed examination on August 22, 2024. Because of the time required for the mandatory testing, he received the test result only on October 22, 2024; the result was negative.

* Bangladesh Overseas Employment and Services Limited (BOESL): After receiving the CVI—issued by the Ministry of Justice (Korea Immigration Service)—via the Human Resources Development Service of Korea (HRDK) and completing procedures, including a medical examination, BOESL submits visa applications to the Embassy of the Republic of Korea in Bangladesh.

Meanwhile, Mr. A was issued a CVI by the MOJ on July 9, 2024. However, because BOESL submitted his visa application only after the detailed tuberculosis test result was issued, the MOJ rejected the application on the grounds that the CVI’s three-month validity had expired.

The MOJ took the position that its rejection was appropriate after confirming the validity of the CVI and the worker’s employment relationship.

Mr. A subsequently filed a grievance with the ACRC in December 2024, arguing that the lapse of the CVI’s validity was unavoidable due to the detailed tuberculosis screening, that the delay could not reasonably be attributed to him, and that, since his Re-entry Special Employment Permit remained valid, he should be allowed to enter Korea by extending the CVI’s validity.

After reviewing materials submitted by the MOEL, the MOJ, and the HRDK and holding multiple consultations, the ACRC concluded that: ▴ Mr. A’s Re-entry Special Employment Permit for the workplace in question remained valid; ▴ Mr. A reported his return six days after arrival and underwent detailed tuberculosis testing due to a suspected finding, which ultimately proved negative; it was therefore difficult to regard the delay as due to any intent or negligence on his part; and ▴ Allowing Mr. A to enter Korea by extending the CVI’s validity would not undermine the purpose of the current immigration control and employment permit systems. Accordingly, the ACRC recommended that the MOJ take measures such as extending the CVI’s validity so that Mr. A can enter Korea.

In addition, the ACRC notified relevant agencies—including the MOEL (Uijeongbu Employment and Labor Office), HRDK, and the Korea Employment Information Service (KEIS)—of the Commission’s decision and requested their cooperation in restoring the employment relationship and taking necessary measures so that, under the EPS, Mr. A can obtain a visa from the MOJ and resume work in Korea.

Meanwhile, in January 2024, the ACRC recommended that the MOEL implement improvements to address unreasonable aspects of the E-9-based Employment Permit System for foreign workers and has continued to address their grievances in parallel with institutional improvements.

ACRC Chairperson Ryu Chul Whan stated, "This grievance arose from the division of responsibilities between the MOEL and the MOJ concerning foreign workers’employment and from insufficient understanding of the complex procedures and facts involved in the EPS and immigration control systems. It is significant that the grievance was resolved through mutual understanding and consultation between the two ministries.“

He added, "The ACRC will continue to actively resolve the grievances of socially vulnerable groups, including protecting the rights and interests of foreign workers, while steadily improving unreasonable systems identified in the grievance-handling process."