Korean Law Demystified!

The Complete Guide to the Korean D-4 (General Training) Visa

I. The Big Picture

1. Overview of the D-4 Visa

The D-4 visa is a long-term status of stay granted to foreign nationals who intend to receive education or training, or to engage in research activities, at an educational institution, company, or organization meeting the requirements prescribed by the Minister of Justice (Enforcement Decree of the Immigration Act, Article 12, [Annex 1-2]).

Unlike the D-2 (Study Abroad) visa, the D-4 covers non-degree training programs rather than regular degree programs, with Korean language training at university-affiliated language institutes being the most common use case (Seoul Administrative Court, Judgment of Aug. 25, 2016, 2016Gudan11813).


2. Sub-Categories of the D-4 Visa

Sub-CategoryContent
D-4-1Korean language training at a university-affiliated language institute
D-4-2Foreign language training (foreign language education institution)
D-4-3Language institute training attached to elementary, middle, or high school
D-4-4Foreign school training
D-4-5Private language institute training
D-4-6Other educational institution training
D-4-7Corporate training

3. Specific Requirements

A. Institutional Requirement

Institutions eligible for D-4 visa issuance are limited to educational institutions meeting the requirements prescribed by the Minister of Justice. For university-affiliated language institutes, the relevant university must be registered with the Ministry of Justice’s Foreign Student Information Management System (FIMS) (Seoul Administrative Court, Judgment of Aug. 25, 2016, 2016Gudan11813; Seoul Administrative Court, Judgment of Oct. 7, 2016, 2016Gudan54360).

B. Financial Capacity Requirement

Because D-4 visa holders are in principle prohibited from engaging in employment, they must have sufficient financial capacity to cover tuition fees, living expenses, and similar costs. Courts have stated the justification for this requirement as follows:

“Where an applicant for D-4 (General Training) status or an extension of the period of stay does not have sufficient financial capacity, there is a significant risk that the person will be tempted to engage in activities outside the status of stay such as employment, which would ultimately risk hollowing out the status-of-stay system.” (Seoul Administrative Court, Judgment of July 20, 2017, 2017Gudan58383; Seoul Administrative Court, Judgment of Dec. 21, 2018, 2018Gudan18306)

The requisite level of financial capacity is that which would enable a foreign national who has entered Korea to cover tuition fees and living expenses without engaging in activities outside the D-4 status of stay (Seoul Administrative Court, Judgment of July 20, 2017, 2017Gudan58383).

C. Attendance Rate Requirement

To obtain an extension of stay or a change of status under D-4, the holder must submit to the immigration office documentation showing an attendance rate of 70% or higher in the language training program (Suwon District Court, Judgment of Oct. 7, 2021, 2021Godan3072).

An attendance rate below 70% constitutes grounds for denial of extension of stay (Seoul Administrative Court, Judgment of Aug. 25, 2016, 2016Gudan11813; Seoul Administrative Court, Judgment of Jan. 12, 2017, 2016Gudan24857).

D. Clarity of Entry Circumstances and Purpose of Stay

The purpose of training must be clear when applying for a D-4 visa. Courts have held that a denial of change of status is lawful where the purpose of study is unclear, including in the following circumstances:

  • Where an applicant entered on a short-term visit (C-3) visa and applied to change to D-4 without any particular change in circumstances (Seoul Administrative Court, Judgment of Nov. 18, 2016, 2016Gudan16306; Seoul Administrative Court, Judgment of Dec. 21, 2016, 2016Gudan18821)
  • Where the applicant could have entered on a D-4 visa from the outset but instead entered on a C-3 visa (Seoul Administrative Court, Judgment of Oct. 7, 2016, 2016Gudan54360)
  • Where the reason for needing to undergo Korean language training again after having already obtained a degree on a D-2 (Study Abroad) visa is unclear (Seoul Administrative Court, Judgment of Oct. 31, 2016, 2016Gudan17378)

4. Required Documents

A. Basic Documents

DocumentNotes
Visa application formHi Korea (www.hikorea.go.kr) or overseas mission
PassportValidity of at least 6 months
Letter of admissionIssued by the relevant educational institution
Proof of financial capacityBank balance certificate, scholarship confirmation, etc.
PhotographMeeting specifications

B. Additional Documents for Extension of Stay

  • Certificate of enrollment (stating attendance rate of 70% or higher)
  • Academic transcript
  • Proof of financial capacity (bank balance certificate, etc.)

C. Notes on Financial Capacity Documentation

Courts strictly scrutinize the authenticity of financial capacity documentation. The following circumstances have been held not to constitute proof of financial capacity:

  • Where most of the funds were withdrawn immediately after the bank balance certificate was issued (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123; Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7147)
  • Where funds were deposited and immediately withdrawn, creating only the appearance of financial capacity (Uijeongbu District Court, Judgment of Sept. 14, 2017, 2017Guhap11485)
  • Where transaction records show primarily small transactions and living expenses, with no transactions evidencing genuine financial capacity (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123)

5. Period of Stay

The period of stay under a D-4 visa is typically granted in increments of 6 months to 1 year, varying according to the duration of the training program. Extension applications must be filed before the period of stay expires, and attendance rate, financial capacity, and other requirements are subject to fresh review at each extension (Immigration Act, Article 25).


6. Key Cases

A. Denial of Change from C-3 to D-4

The Seoul Administrative Court upheld a denial of a change of status from short-term visit (C-3) to general training (D-4) as lawful on the following grounds: (i) the applicant fell within the category of persons whose change of status is restricted under Article 9(1)(1)(c) of the Enforcement Regulations of the Immigration Act; (ii) the applicant could have entered on a D-4 visa from the outset but instead entered on a C-3 visa; and (iii) the purpose of study was unclear (Seoul Administrative Court, Judgment of Nov. 18, 2016, 2016Gudan16306; Seoul Administrative Court, Judgment of Dec. 21, 2016, 2016Gudan18821; Seoul Administrative Court, Judgment of Nov. 4, 2016, 2016Gudan15174).

However, the Seoul Administrative Court also ruled in favor of a plaintiff in a case where, even though the applicant had entered on a C-3 visa, the applicant met all the requirements for D-4 status at the time of the application, holding that a refusal under those circumstances constituted a deviation from and abuse of discretion and was therefore unlawful (Seoul Administrative Court, Judgment of Apr. 7, 2017, 2016Gudan11554).

B. Cases Involving Falsified Attendance Records

The Suwon District Court convicted staff members of a private language institute for violating the Immigration Act, having caused foreign students enrolled under D-4 visa status to submit enrollment certificates falsely stating inflated attendance rates for the purpose of obtaining extensions of stay and changes of status (Suwon District Court, Judgment of Oct. 7, 2021, 2021Godan3072).

The Uijeongbu District Court similarly upheld as lawful a denial of extension of stay in a case where a language institute had processed Friday absences as attendance when no classes were actually held on Fridays, resulting in the issuance of falsified enrollment certificates (Uijeongbu District Court, Judgment of Sept. 14, 2017, 2017Guhap11485).

C. Denial of Change to D-2 for Insufficient Financial Capacity

The Suwon District Court upheld as lawful a denial of a change of status from D-4 to D-2 (Study Abroad) following completion of language training, where the applicant had withdrawn most of the funds immediately after the bank balance certificate was issued, creating only the appearance of financial capacity and failing to constitute genuine proof of financial means (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123).

D. Criminal Punishment for Brokering Illegal Employment

The Gwangju District Court Suncheon Branch sentenced a defendant to a fine of KRW 15 million for violating the Immigration Act by placing a foreign national who had entered on D-4-1 (university-affiliated language institute training) status in employment despite the foreign national not being permitted to engage in employment (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92).

E. Obstruction of Official Duties by Deception

The Suwon District Court sentenced a defendant to a fine of KRW 2 million for obstruction of official duties by deception in a case where the defendant, having entered on a D-4-1 visa and applied for a change of status to D-2-2 (bachelor’s degree study), submitted a false bank balance certificate with the application (Suwon District Court, Judgment of Sept. 18, 2025, 2025Gojeong279).

The Supreme Court has held in this regard that where an applicant makes a false representation to the officer in charge and submits supporting materials consistent with that representation, the offense of obstruction of official duties by deception is established if the officer, having conducted a thorough review, nonetheless failed to detect the falsity and accepted the application (Supreme Court, Judgment of Apr. 28, 2011, 2010Do14696).

F. Restriction on F-3 (Dependent Family) Status for Spouses

The Daegu District Court upheld as lawful a denial of a change of status to F-3 (Dependent Family) for a spouse sought to be invited by a person holding D-4 (language training) status, on the ground that, under Ministry of Justice guidelines, holders of D-4 status with a period of stay of 2 years or less are restricted from inviting spouses and children absent humanitarian grounds (Daegu District Court, Judgment of July 17, 2020, 2020Gudan645).


7. Obligations After Obtaining the Visa

A. Restriction on Employment Activity

D-4 visa holders are in principle prohibited from engaging in employment. However, holders of D-4-1 (university-affiliated language institute training) status are permitted to engage in employment on a limited basis where they have met the relevant requirements and obtained part-time employment permission from the competent authority (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92).

By contrast, certain sub-categories such as D-4-3 (language institute training attached to elementary, middle, or high school) may be excluded from eligibility for part-time employment permission, and caution is accordingly warranted.

B. Obligation to Maintain Attendance Rate

To obtain an extension of stay or a change to another status such as D-2, an attendance rate of 70% or higher must be maintained. A poor attendance record constitutes grounds for denial of extension of stay (Seoul Administrative Court, Judgment of Jan. 12, 2017, 2016Gudan24857).

C. Ongoing Maintenance of Financial Capacity

Because the financial capacity requirement is subject to fresh review at each extension of stay, it is important to maintain genuine financial capacity throughout the period of enrollment and to manage documentation capable of proving it. Withdrawing most of the funds immediately after a bank balance certificate is issued not only fails to constitute proof of financial capacity but may also be assessed as submission of false documentation (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123).

D. Change of Status to D-2

Where a foreign national wishes to enroll in a regular degree program after completing language training and change status to D-2, a standard certificate of admission containing determinations on academic ability and financial capacity must be submitted, and the financial capacity requirement must be satisfied. In particular, where the applicant is enrolling at a university designated as a restricted or supervised institution, stricter review standards apply (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123).

E. Prohibition on Submitting False Documents

Submitting false financial capacity documentation or enrollment certificates containing falsified attendance rates in connection with an extension of stay or change of status application may result in criminal punishment for violations of the Immigration Act and for obstruction of official duties by deception (Supreme Court, Judgment of Apr. 28, 2011, 2010Do14696; Suwon District Court, Judgment of Sept. 18, 2025, 2025Gojeong279).


8. Notes on Deviation from or Abuse of Discretion

Although a permit to change status of stay is a constitutive administrative disposition over which the authorizing authority has discretion, a decision is unlawful as a deviation from or abuse of discretion where the applicant has met the requirements set out in the relevant statutes and there is a serious error in the factual findings, the principles of proportionality or equality have been violated, or the decision is so manifestly unreasonable as to fall outside generally accepted social norms (Seoul Administrative Court, Judgment of Oct. 7, 2016, 2016Gudan54360; Seoul Administrative Court, Judgment of Nov. 4, 2016, 2016Gudan15174).

Where a denial has been issued, it is possible to challenge the decision through an administrative appeal or administrative litigation by examining whether there was a factual error or a violation of the principle of proportionality. However, unless the denial has resulted in an entry ban or similar measure, the applicant may re-enter lawfully by satisfying the requirements anew, meaning that a denial does not necessarily entail a permanent disadvantage (Seoul Administrative Court, Judgment of Dec. 9, 2016, 2016Gudan58829; Uijeongbu District Court, Judgment of Sept. 14, 2017, 2017Guhap11485).


II. Part-Time Employment Permission Requirements for D-4 Visa Holders, and Comparison with the D-2 Visa

1. Legal Basis for Part-Time Employment Permission for D-4 Visa Holders

A foreign national staying in Korea who wishes to engage, alongside the activities corresponding to their status of stay, in activities corresponding to a different status of stay must obtain prior permission from the Minister of Justice for activities outside the status of stay (Immigration Act, Article 20).

Because holders of D-4 (General Training) status are in principle prohibited from engaging in employment, they must obtain this permission in advance before taking up any part-time employment. In this regard, Article 72(2) of the Enforcement Regulations of the Immigration Act sets the fee for permission for activities outside the status of stay — in cases of part-time employment permitted to holders of D-2 (Study Abroad) or D-4 (General Training) status — at KRW 20,000, which is lower than the standard fee of KRW 120,000. This provision expressly confirms that both statuses of stay are subject to the part-time employment permission system (Enforcement Regulations of the Immigration Act, Article 72(2)).


2. Specific Requirements for Part-Time Employment Permission for D-4 Visa Holders

The reference materials provided do not include cases or statutory provisions that directly set out the part-time employment permission requirements for D-4 visa holders. However, in a judgment of the Incheon District Court concerning the part-time employment permission requirements for holders of D-4-6 (private educational institution training) status, the following was confirmed:

“The Ministry of Justice issues ‘D-4-6’ visas to foreign nationals on the condition that they receive training at a private educational institution meeting certain requirements. From January 2, 2017, the Ministry added as a mandatory requirement that the foreign national possess the Korean language ability necessary for training (TOPIK Level 2 or higher as administered by the National Institute for International Education, or Social Integration Program Level 2 or higher).” (Incheon District Court, Judgment of Mar. 26, 2019, 2018Godan7625)

Based on the Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students,” the practical requirements for part-time employment permission for holders of D-4-1 (university-affiliated language institute training) status are summarized as follows.

A. Part-Time Employment Permission Requirements for D-4-1 Holders

RequirementStandard
Korean language proficiencyTOPIK Level 2 or higher (for D-4-1)
Training periodEligible to apply after at least 6 months of training
Attendance rate70% or higher in the immediately preceding term
Application methodObtain confirmation from the institution’s designated officer, then apply through Hi Korea

B. Availability of Part-Time Employment Permission by D-4 Sub-Category

Part-time employment permission is not available for all D-4 sub-categories. Certain sub-categories — such as D-4-3 (language institute training attached to elementary, middle, or high school) and D-4-4 (foreign school training) — may be excluded from eligibility for part-time employment permission, and caution is accordingly warranted.


3. Part-Time Employment Permission Requirements for D-2 Visa Holders

The part-time employment permission requirements for D-2 visa holders are as follows.

RequirementStandard
Korean language proficiencyTOPIK Level 3 or higher
Academic performanceGrade point average of C or higher in the immediately preceding semester
University officer confirmationConfirmation required from the foreign student officer at the university attended

These requirements derive from the Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students” and are confirmed in case law (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134).


4. Comparison of Part-Time Employment Permission Requirements: D-4 vs. D-2

ItemD-4 (General Training)D-2 (Study Abroad)
TOPIK requirementLevel 2 or higher (D-4-1 standard)Level 3 or higher
Academic performanceAttendance rate of 70% or higherGrade point average of C or higher
Training/enrollment periodEligible after 6 or more months of trainingNo separate minimum period
Officer confirmationConfirmation from institution’s designated officerConfirmation from university’s foreign student officer
Permission feeKRW 20,000KRW 20,000
Legal basisEnforcement Regulations of the Immigration Act, Article 72(2)Enforcement Regulations of the Immigration Act, Article 72(2)

A. Difference in TOPIK Requirements

The most significant difference is the TOPIK requirement. D-2 visa holders must hold TOPIK Level 3 or higher, whereas D-4-1 visa holders face a relaxed threshold of Level 2 or higher. This is understood to reflect the purpose of the D-4 status — which is itself for the purpose of Korean language training — such that a certain level of Korean language ability at an early stage of training is sufficient to permit part-time employment.

B. Difference in Academic Performance Requirements

D-2 visa holders are explicitly required to have maintained a grade point average of C or higher in the immediately preceding semester (Suwon District Court, Judgment of Jan. 13, 2022, 2020Godan5134). By contrast, for D-4 visa holders, the primary academic maintenance requirement is an attendance rate of 70% or higher, in place of a grade-based standard.

C. Common Features

Both statuses share the following: (i) employment is permitted only within the authorized scope; (ii) engaging in employment without permission or exceeding the authorized scope may result in criminal punishment — imprisonment of up to 3 years or a fine of up to KRW 30 million — for violation of the Immigration Act (Immigration Act, Article 94(12)); and (iii) such violations may constitute grounds for denial of extension of stay.


5. Practical Considerations

A. Risks of Unauthorized Employment

A D-4 visa holder who engages in employment without part-time employment permission may be punished for violating the Immigration Act. In one reported case, an employer who placed a foreign national holding D-4-1 status in employment despite the foreign national not being permitted to engage in employment was sentenced to a fine of KRW 15 million (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92).

B. Permission Fee

The part-time employment permission fee for holders of D-2 and D-4 status is set at KRW 20,000 — significantly lower than the standard fee of KRW 120,000 for other permissions for activities outside the status of stay — reflecting a policy of encouraging lawful part-time employment by foreign students and trainees (Enforcement Regulations of the Immigration Act, Article 72(2)).

C. Need to Verify Current Requirements

Because the Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students” is an internal administrative discretionary guideline that is subject to revision at any time, it is essential to verify the current requirements through Hi Korea (www.hikorea.go.kr) or the competent immigration office before filing an application.


III. Legal Liability and Administrative Consequences for D-4 Visa Holders Who Exceed the Authorized Scope of Part-Time Employment

1. The Issue

Holders of D-4 (General Training) status are in principle prohibited from engaging in employment, but are permitted to do so on a limited basis where they have met the relevant requirements and obtained part-time employment permission (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92). Where, however, an authorized holder engages in employment beyond the authorized scope, this gives rise to a distinct set of legal issues separate from those of unauthorized employment without any permission at all.

Article 20 of the Immigration Act requires prior permission for activities outside the status of stay, and employment that exceeds the scope of such permission constitutes a violation of the conditions of the permission and accordingly a violation of the Immigration Act (Immigration Act, Article 20; Enforcement Decree of the Immigration Act, Article 23(1)).


2. Criminal Liability

A. An Immigration Act Violation

Employment that exceeds the authorized scope is evaluated as engaging in activities corresponding to a different status of stay without permission for activities outside the status of stay, and may result in imprisonment of up to 3 years or a fine of up to KRW 30 million under Article 94(12) and Article 20 of the Immigration Act.

The Incheon District Court recognized a violation of the Immigration Act in a case where a holder of D-2 (Study Abroad) status who had obtained part-time employment permission engaged in employment exceeding the authorized scope (Incheon District Court, Judgment of Feb. 5, 2021, 2020Gudan51393):

“The plaintiff had obtained permission for part-time employment in office support work at a daily rate of KRW 60,000 from June 4 to September 30, 2019, but in substance was engaged in customer solicitation activities and received commissions, thereby engaging in employment beyond the authorized scope.”

B. Employment in an Unauthorized Industry

Employment in an industry other than the one authorized likewise constitutes a violation of the Immigration Act. The Jeonju District Court recognized an Immigration Act violation in a case where a D-2 status holder who had previously obtained part-time employment permission and worked at a restaurant subsequently engaged in employment in a different industry without authorization (Jeonju District Court, Judgment of July 11, 2024, 2023Guhap12146).

C. Likelihood of Intentional Element Being Established

Because a foreign national who has obtained part-time employment permission is already aware of the content and scope of the permission, the intentional element is very likely to be established where employment exceeds the authorized scope. The Jeonju District Court held in this regard:

“The plaintiff was well aware of the scope of permitted activities under D-2 (Study Abroad) status, the procedure for applying for permission for activities outside the status of stay, the validity period of such permission, and its content.”

(Jeonju District Court, Judgment of July 11, 2024, 2023Guhap12146)


3. Administrative Consequences

A. Becoming Subject to Deportation

Employment that exceeds the authorized scope makes the person subject to deportation under Article 46(1)(8) of the Immigration Act. The Jeonju District Court expressly held:

“The head of the regional immigration office may deport from Korea a foreign national who has engaged in employment without having obtained a status of stay permitting employment or having obtained permission from the Minister of Justice for activities outside the status of stay permitting employment, pursuant to Article 46(1)(8), Article 18(1), and Article 20 of the Immigration Act.”

(Jeonju District Court, Judgment of July 11, 2024, 2023Guhap12146)

B. Departure Order

Even where a person is subject to deportation, expressing a willingness to depart voluntarily may result in a departure order being issued instead. The Incheon District Court upheld as lawful a departure order — issued by the defendant immigration authority rather than a deportation order — against a D-2 status holder who had engaged in employment beyond the authorized scope (Incheon District Court, Judgment of Feb. 5, 2021, 2020Gudan51393).

C. Denial of Change of Status or Extension of Stay

Where employment beyond the authorized scope is confirmed, a permit to change status of stay or to extend the period of stay may be denied. The Daegu District Court upheld as lawful a denial of extension of stay in a case where a D-2 status holder continued to work at the establishment where they had previously held part-time employment permission, without authorization, after changing their status of stay:

“The plaintiff engaged in simple manual labor unrelated to job-seeking activities for approximately 3 of the 6 months of stay authorized under D-10 (Job Seeker) status; the degree of the violation cannot be regarded as minor. Moreover, despite unauthorized employment constituting a violation of the Immigration Act for which deportation would be applicable, the plaintiff received no sanction other than the disposition in this case.”

(Daegu District Court, Judgment of Nov. 22, 2019, 2019Gudan10806)

D. Penalty Notice

Even where the matter does not rise to the level of deportation, a penalty notice imposing a fine may be issued. Under the Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for Foreign Students,” where unauthorized employment is first detected and a penalty notice is issued but continued stay is permitted, part-time employment permission is restricted for one year from the date of payment of the fine; from the second detection onward, deportation is applied as the default without exception (see Seoul Administrative Court, Judgment of May 23, 2024, 2023Gudan70513).

E. Conversion to Deportation Order Upon Non-Compliance with Departure Order

Where a foreign national who has received a departure order fails to depart by the designated deadline, the head of the regional immigration office must issue a deportation order without delay, meaning the act becomes one of bound discretion in such cases (Immigration Act, Article 68(4)).


4. Employer’s Legal Liability

An employer who engages a D-4 visa holder in employment beyond the authorized scope may also be subject to imprisonment of up to 3 years or a fine of up to KRW 30 million under Article 94(9) of the Immigration Act (Immigration Act, Article 94(9) and Article 18(3)).

However, the mere fact that an employee of a corporation employed an unqualified foreign national, and that the corporation’s representative director was in a position where they could have been aware of this, does not by itself make the representative director a person who “employed” the foreign national within the meaning of Article 94(9) of the Immigration Act (Supreme Court, Judgment of June 29, 2017, 2017Do3005).


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