Q&A
with the Labor Attache
Q. What is the period of sojourn of an EPS
worker?
A. Three (3) years. If the worker is re-hired by his
last employer, he is given another three (3)
years. However, he must first leave Korea and
stay in his home country for about one month
before coming back.
Q. What must the worker do if he is not re-hired
by his last employer?
A. The worker must leave Korea. Otherwise, he will
be considered an overstaying foreigner and
could be arrested, deported and restricted from
returning to Korea.
Q. Can a worker who finished his sojourn but
was not re-hired by his employer still
come back to Korea?
A. Yes. But he has to take and pass the Korean
Language Test (KL T) and the medical test
PGMA Exhorts
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again. After that, his name will be included in the
job roster and he has to wait for an employment
offer.
Q. Is it true that a worker's sojourn will be in-
creased from 3 to 5 years?
A. This is a proposal still being discussed by the
National Assembly of Korea. Under the pro-
posal, the period of sojourn will be 5 years
straight without need for the worker to exit Korea
after 3 years. However, after the 5-year sojourn
is finished, the worker cannot renew his sojourn.
Q. Can a worker change workplace for the
fourth time?
A. Yes, provided that the reason for change of
workplace is valid* and the first three changes of
workplace is due to any of the following reasons:
1. company shutdown or closure (bankruptcy);
2. The employment permit (of the employer) is
cancelled or restricted because he is found to
have violated labor and/or immigrations laws;
and 3. The worker is not fit to work in the busi-
ness of the employer due to an accident, etc. but
is fit to work in another business!*
Q. Can a worker in the minor sector
(construction, agriculture and livestock)
change workplace/transfer to the manu-
facturing sector?
A. No. A worker can only change workplace within
the same sector. If a worker is in the minor sec-
tor, he can transfer for example from construc-
tion to agriculture or to livestock and vice versa.
If he is in the manufacturing sector, he can
transfer from one factory to another.
* Art. 25 of the Act on Foreign Workers Employment
** Article 30 of the Enforcement Decree of the Act on
Foreign Workers Employment, etc.
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