The Complete Guide to the Korean D-10 (Job Seeker) Visa
I. The Big Picture
1. Overview of the D-10 Visa and Legal Basis
The D-10 (Job Seeker) status of stay is granted to foreign nationals with specialized knowledge, technology, or skills who wish to engage in job-seeking activities in Korea. It is grounded in the Enforcement Decree of the Immigration Act, Article 12, [Annex 1-2], and its specific requirements and procedures are governed by the Ministry of Justice’s “D-10 (Job Seeker) Visa Issuance and Stay Management Guidelines” (hereinafter “the Guidelines”).
Courts have characterized the Guidelines as follows:
“The ‘D-10 (Job Seeker) Visa Issuance and Stay Management Guidelines’ constitute an internal administrative working rule (discretionary guideline) established as the criteria for the exercise of discretion; unless the criteria are found to be inconsistent with the Constitution or statutes, or objectively unreasonable and thus constituting an abuse of discretion, the administrative authority’s judgment will as far as possible be respected.”
(Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210)
2. Sub-Categories of the D-10 Visa
| Sub-Category | Content |
|---|---|
| D-10-1 | Points-based job-seeking activities (domestic university graduates and similar) |
| D-10-2 | Job-seeking activities in specific fields (overseas talented personnel and similar) |
3. Specific Requirements
A. Points-Based Job-Seeking Activities (D-10-1) Requirements
Courts have described the requirements of the points-based job-seeker visa (D-10-1) system as follows:
“Under the points-based job-seeker visa system at issue, extension of stay is permitted only for persons who score at least 20 points in the basic items and at least 60 points in total, out of a possible 180 points; the plaintiff’s total score of 55 points falls 5 points short of the 60 points required for extension.”
(Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127)
The core requirements for D-10-1 status are therefore:
- At least 20 points in the basic items
- At least 60 points in total (out of a possible 180 points)
B. Requirements for Change of Status to D-10-1
Courts have held on the eligibility to apply for a change of status to D-10-1 as follows:
“The purpose of excluding from eligibility to apply for a change to D-10-1 (Points-Based Job Seeker) status those persons with a history of violations such as the penalty notice in this case is to deter foreign nationals from engaging in illegal employment rather than the job-seeking activities prescribed for D-10-1 status, thereby preventing the D-10-1 system from being rendered meaningless and establishing order in the management of stays.”
(Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210)
Accordingly, where a person has a history of violations of immigration statutes such as illegal employment, the eligibility to apply for a change of status to D-10-1 may itself be restricted.
C. Requirements for Extension of Stay
Courts have held on the extension-of-stay requirements as follows:
“A foreign national who has obtained a change of status to D-10-1 (Points-Based Job Seeker) may engage in training or job-seeking activities aimed at obtaining employment in a specific field within the period of stay granted (typically 6 months). To continue job-seeking activities beyond that period, the applicant must prepare a job-seeking activity plan — including a record of job-seeking activities during the past 6 months — along with proof of living expenses, and apply for extension of the status of stay.”
(Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210)
Courts have further held on the standards applied in the extension review:
“Given that an extension permit is a continuation of a change-of-status permit, it is reasonable to conclude that the eligibility requirements that apply when applying for a change to D-10-1 (Points-Based Job Seeker) status are equally necessary when applying for extension of the status of stay.”
(Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210)
4. Required Documents
Within the scope confirmed by the reference materials, the documents required for a D-10 visa application and extension of stay are summarized as follows.
A. Application for Change of Status
| Document | Notes |
|---|---|
| Application form for change of status of stay | Online via Hi Korea or in-person application |
| Passport and Alien Registration Card | |
| Degree certificate and academic transcript | Proving graduation from a domestic university |
| Documents proving points-based requirements | Proof of score obtained for each scoring item |
| Confirmation of no immigration violation history | Confirmation of penalty notice payment history, etc. |
B. Application for Extension of Stay
The documents explicitly mentioned by courts are as follows.
| Document | Notes |
|---|---|
| Job-seeking activity plan | Including a record of job-seeking activities during the past 6 months (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210) |
| Proof of living expenses | Proving ability to cover costs of staying in Korea (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210) |
| Documents proving the points-based requirements are met | Proving a total score of 60 or more (Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127) |
5. Key Cases
A. Extension Denied for Failure to Meet Points Threshold
The Gwangju District Court upheld as lawful a denial of extension of stay in a case where the plaintiff — an Uzbek national who had obtained a master’s degree at a domestic graduate school under D-2 (master’s degree study) status and then changed to D-10-1 status — scored a total of 55 points, falling 5 points short of the 60-point threshold for extension. Although the plaintiff argued the shortfall was only 5 points, the court did not accept this argument (Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127).
B. Extension Denied Due to History of Illegal Employment
The Gwangju District Court held that where a D-10-1 status holder has a history of violating immigration statutes through illegal employment, this may be taken into account when deciding on an extension-of-stay application, and a denial on that basis may be lawful (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210).
6. Obligations After Obtaining the Visa
A. Prohibition on Employment Other Than Job-Seeking Activities
Holders of D-10 status are permitted to engage only in job-seeking activities; employment is in principle prohibited. Courts have noted that extension-of-stay reviews are being strengthened to prevent D-10 status from being exploited as a means of extending stay or engaging in illegal employment:
“The ‘D-10 (Job Seeker) Visa Issuance and Stay Management Guidelines’ set out, as a basic principle, that visas should be actively issued to eligible applicants in order to attract global talent across diverse fields for the sake of strengthening national competitiveness; that changes of status should be actively permitted for foreign students who have graduated from domestic universities and meet the requirements, as part of a talent-development immigration policy; while at the same time strengthening extension-of-stay reviews to prevent D-10 status from being exploited as a means of extending stay or engaging in illegal employment, thereby establishing order in the management of stays.”
(Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210)
B. Importance of Managing Points
Because extensions of D-10-1 status are governed by the points system, it is important to continuously manage the scoring items throughout the period of stay. Courts have held:
“The website of [the immigration authority] publicly announces the criteria for extension of D-9 (Trade Management) status and the trade visa scores assigned to each item; the plaintiff was therefore in a position to sufficiently ascertain the trade visa score required to extend D-9 status and the items needed to obtain that score. Whether the defendant has an obligation to provide guidance on the specific means of satisfying each item — as opposed to doing so as a matter of convenience — is a separate question from whether such an obligation exists.”
(Seoul Administrative Court, Judgment of Feb. 2, 2021, 2020Gudan67028)
Although this holding concerns the D-9 visa, the same legal principle may apply to the points-based operation of D-10-1. That is, because the authority is under no obligation to advise on how to accumulate points, foreign nationals must themselves ascertain the scoring items and the means of obtaining them in advance through Hi Korea and similar resources.
C. Thorough Record-Keeping of Job-Seeking Activities
Because the job-seeking activity plan submitted with an extension application must include a record of job-seeking activities during the past 6 months, it is important to carefully record and retain documentation of interviews attended, resumes submitted, job fairs participated in, and other job-seeking activities during the period of stay (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210).
D. Caution Regarding Immigration Violation History
Where a person has a history of violating immigration statutes — such as through illegal employment — the eligibility to apply for extension of stay may itself be restricted. Immigration statutes and regulations must therefore be strictly complied with throughout the period of stay (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210).
7. Note on the Limits of the Reference Materials
The information set out above reflects the content confirmed within the scope of the reference materials provided. For specific scoring breakdowns by item, the detailed scope of eligible applicants, and the latest guideline revisions, the reference materials do not contain sufficient information; the most current information must be verified through Hi Korea (www.hikorea.go.kr) or the competent immigration office before filing an application.
II. D-10-1 Points System: Basic Items Score of 20 Points — Calculation Criteria and Recent Guideline Revisions
1. Overview of the Points-Based Job-Seeker Visa (D-10-1) Permit Criteria
The Minister of Justice has established the “D-10 (Job Seeker) Status Visa Issuance and Stay Management Guidelines” (hereinafter “the Guidelines”), which set out, as a requirement for D-10-1 (General Job Seeker) status, that the applicant must be “a person who, under the job-seeker points table, scores at least 20 points in the basic items and at least 60 points in total, out of a possible 190 points” (Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255; Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778; Busan District Court, Judgment of Apr. 7, 2023, 2022Guhap23341).
Because the Guidelines constitute an internal administrative working rule (discretionary guideline) established as the criteria for the exercise of discretion, the administrative authority’s judgment will as far as possible be respected unless the criteria are found to be inconsistent with the Constitution or statutes, or objectively unreasonable and thus constituting an abuse of discretion (Gwangju District Court, Judgment of June 8, 2023, 2022Guhap12210; Suwon District Court, Judgment of Oct. 5, 2022, 2022Gudan6424).
2. Specific Calculation Criteria for the Basic Items Score of 20 Points
Synthesizing the cases confirmed in the reference materials, the basic items comprise two components: age and highest educational attainment.
A. Age Component
The age-based scores confirmed in case law are as follows.
| Age Range | Score | Supporting Case |
|---|---|---|
| 20–24 | 10 | Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778; Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354 |
| 35–39 | 15 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255 |
| 40–49 | 5 | Busan District Court, Judgment of Apr. 7, 2023, 2022Guhap23341; Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770 |
B. Educational Attainment Component
The education-based scores confirmed in case law are as follows.
| Educational Attainment | Score | Supporting Case |
|---|---|---|
| Domestic associate degree | 15 | Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354; Busan District Court, Judgment of Apr. 7, 2023, 2022Guhap23341 |
| Domestic bachelor’s degree | 15 | Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778 |
| Professional master’s degree | 20 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255 |
| Domestic master’s degree | 20 | Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770 |
C. Determining Whether the 20-Point Basic Items Threshold Is Met
The combined score of the two components (age + educational attainment) must total 20 or more. Examples are as follows.
| Case | Age | Education | Basic Items Total | 20-Point Threshold Met? |
|---|---|---|---|---|
| Case 1 | 20–24 (10 pts) | Domestic associate degree (15 pts) | 25 | Met (Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354) |
| Case 2 | 35–39 (15 pts) | Professional master’s degree (20 pts) | 35 | Met (Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255) |
| Case 3 | 40–49 (5 pts) | Associate degree (15 pts) | 20 | Met (Busan District Court, Judgment of Apr. 7, 2023, 2022Guhap23341) |
| Case 4 | 40–49 (5 pts) | Domestic master’s degree (20 pts) | 25 | Met (Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770) |
3. Optional Items and Bonus and Deduction Items
In addition to the basic items, optional items, bonus points, and deduction items also affect whether the 60-point total threshold is met.
A. Optional Items
The key optional item scores confirmed in case law are as follows.
| Item | Score | Supporting Case |
|---|---|---|
| Domestic associate degree study (within 3 years of graduation) | 30 | Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354 |
| Domestic professional master’s degree study (within 3 years of graduation) | 30 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255 |
| Domestic bachelor’s degree study (within 3 years of graduation) | 30 | Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778 |
| Domestic master’s degree study (within 3 years of graduation) | 30 | Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770 |
| Domestic language training of 12 months or more | 3 | Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354; Busan District Court, Judgment of Apr. 7, 2023, 2022Guhap23341 |
| Korean language proficiency (TOPIK Level 4) | 15 | Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770 |
| Korean language proficiency (Social Integration Program Level 3) | 10 | Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354 |
B. Bonus Points Items
| Item | Score | Supporting Case |
|---|---|---|
| Holder of a bachelor’s degree or higher in science or engineering (including domestic associate degree) | 5 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255; Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354 |
C. Deduction Items
Deduction items are of critical practical importance. The deduction criteria confirmed in case law are as follows.
| Item | Score | Supporting Case |
|---|---|---|
| 1 Immigration Act violation | −5 | Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354; Seoul Administrative Court, Judgment of Dec. 19, 2024, 2024Gudan535 |
| 2 Immigration Act violations | −10 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255 |
| 3 Immigration Act violations | −30 | Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255 |
| 1 other domestic statute violation | −5 | Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770 |
4. Exemptions from the Points System
The Guidelines in principle apply the job-seeker points system, but provide that the following cases are exceptionally exempt from it (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871; Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770).
A. Domestic University Graduates with Strong Korean Language Proficiency
This includes persons who obtained an associate degree or higher at a regular domestic university and have not yet passed 3 years since graduation, and who hold a valid TOPIK Level 4 or higher score certificate (Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770; Seoul Administrative Court, Judgment of Nov. 28, 2024, 2024Gudan70787).
However, this points-system exemption applies only when applying for D-10-1 status and does not extend to accompanying family members’ applications for a change to F-3 status (Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770).
B. Persons with Career Experience in Specialist Occupations
A change of status to D-10-1 (General Job Seeker) is permitted for foreign nationals currently staying under E-1 (Professor) through E-7 (Special Designated Activities) status who wish to continue seeking employment but have been unable to renew their employment contract or find another workplace before their period of stay expires (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).
However, for workers in E-7 (Special Designated Activities) occupations where notifications to change or add workplaces are restricted, a change to D-10 is permitted only where there is a justifiable reason such as the workplace’s temporary or permanent closure, and the maximum period of stay is limited to 6 months in such cases (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).
5. Recent Guideline Revisions
A. Change in Total Points Standard (180 → 190 Points)
An important guideline revision confirmed in the reference materials is the change in the total points standard.
- Previous standard (before October 2022): at least 20 basic item points and at least 60 total points out of a possible 180 (Gwangju District Court, Judgment of May 19, 2022, 2021Guhap14127)
- Current standard: at least 20 basic item points and at least 60 total points out of a possible 190 (Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255; Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778)
The Seoul Administrative Court described this change as follows:
“The ‘Foreigner Stay Guide Manual’ in effect around October 2022 (‘the pre-amendment standard’) provided that, for D-10 (Job Seeker) status, a points-based standard would apply — converting age, educational attainment, career experience, Korean language ability, and other factors into points — and that a change to D-10 status or an extension of stay would be permitted where the applicant scored at least 20 points in the basic items of age and educational attainment, and at least 60 points in total out of 190; and further provided that violations of law would result in deductions from that score…”
(Seoul Administrative Court, Judgment of Jan. 8, 2025, 2024Gudan75263)
B. Addition of Criteria Relating to Accompanying Family Members (F-3)
The Guidelines added a provision permitting “a change from a short-term status of stay to F-3 (Dependent Family) status for accompanying family members only where the job-seeker visa points total is 80 or more” (Seoul Administrative Court, Judgment of Feb. 12, 2025, 2024Gudan70770; Seoul Administrative Court, Judgment of Nov. 28, 2024, 2024Gudan70787).
C. Expiry of COVID-19-Related Temporary Special Provisions
The Suwon District Court held that even where an applicant initially obtained a change of status to D-10 without the points system being applied pursuant to a COVID-19-related support plan for foreign students, the points system applies at the time of any extension of stay application (Suwon District Court, Judgment of Oct. 29, 2024, 2024Gudan10618).
6. Cases Where Deviation from or Abuse of Discretion Was Found in Connection with Deductions
Cases in which courts have recognized deviation from or abuse of discretion in connection with the application of deduction items are notable.
The Seoul Administrative Court held that where the plaintiff had actually visited an immigration office before the expiry of the period of stay but was unable to apply on that day because the appointment slots were fully booked — making it unavoidable to file the extension application after the expiry date — issuing a penalty notice and applying a 5-point deduction on this basis, and then denying extension on the ground that the total fell below 60 points, was so manifestly unreasonable in light of generally accepted social norms as to constitute a deviation from and abuse of discretion (Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354).
The Seoul Administrative Court also examined a case where a guideline revision had caused a violation history that was not previously subject to deduction to become retroactively subject to deduction, and assessed whether applying the revised criteria to deny extension constituted a deviation from or abuse of discretion (Seoul Administrative Court, Judgment of Jan. 8, 2025, 2024Gudan75263).
7. Note on the Limits of the Reference Materials
The basic item scoring criteria described above have been compiled from content indirectly confirmed in case law. Because the Ministry of Justice Guidelines are subject to revision at any time, the accurate and current scoring table for each item must be verified through the “Integrated Status-of-Stay Guide Manual” on Hi Korea (www.hikorea.go.kr) or the competent immigration office (Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan9778).
III. Whether Internships and Practical Training by D-10 Visa Holders Constitute Illegal Employment, and the Impact on Extension of Stay
1. The Issue
Holders of D-10 (Job Seeker) status do not hold a status of stay permitting employment and are therefore in principle unable to work in Korea (Immigration Act, Article 18(1); Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880). However, where an applicant engages in an internship or practical training during the course of job-seeking activities, the question of whether this constitutes “employment” under the Immigration Act is a central practical issue.
2. The Meaning of “Employment” Under the Immigration Act
The Immigration Act does not contain a separate definition of “employment.” Courts have held:
“Although the Immigration Act contains no definition of ’employment,’ in light of the general understanding that ’employment’ refers to a contract under which one party undertakes to provide labor to the other, and the other undertakes to pay remuneration in return (Civil Act, Article 655), ’employment’ under Article 18(1) of the Immigration Act should be understood to mean a state in which an employment relationship has been formed through a foreign national’s agreement to provide labor to an employer at a business or workplace located in Korea, in exchange for the employer’s agreement to pay remuneration.”
(Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880)
In other words, the core criteria for determining whether something constitutes employment are: (i) an agreement to provide labor + (ii) an agreement to pay remuneration = formation of an employment relationship.
3. Criteria for Determining Whether an Internship or Practical Training Constitutes Illegal Employment
A. Principle of Substantive Assessment
Courts assess whether an activity constitutes employment based on its substantive content rather than its label or form. Even where an activity is called an “internship,” “education,” or “training,” it will be recognized as illegal employment where an employment relationship has been substantively formed.
The Daejeon District Court, in a case where a D-10-1 status holder worked at a company for 4 days and received KRW 340,220, held that the activity constituted employment — despite the plaintiff’s claim that it was “an interview and educational activity for intern recruitment” — for the following reason:
“There is simply no way to explain why the statement that the plaintiff personally prepared and submitted to the defendant recorded that the plaintiff had been employed by the company in question during that period and assigned to assembly work.”
(Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880)
B. Specific Factors Considered in Determining Whether an Internship or Training Constitutes Illegal Employment
The factors courts consider when assessing whether an internship or practical training constitutes illegal employment are as follows.
| Factor | Supports Finding of Illegal Employment | Supports Denial of Illegal Employment |
|---|---|---|
| Receipt of remuneration | Remuneration received | No remuneration received |
| Actual content of work | Substantive labor such as production or assembly | Pure education or training |
| Conclusion of employment contract | Employment contract concluded | No contract concluded |
| Statements of the parties | Statements admitting employment | Claims of education or training |
| Duration of work | Extended period | Extremely short period |
| Awareness of need for prior authorization | Aware of need for authorization | Unaware of need for authorization |
C. Specific Reasoning in Daejeon District Court, 2021Gudan101880
In this case, the court recognized illegal employment by comprehensively considering the following circumstances:
“(i) It was confirmed through the 2020 earned income tax withholding receipt submitted by the plaintiff with the extension application that the plaintiff had worked at the company in question; (ii) the plaintiff’s own statement recorded that the plaintiff had been ‘assigned to assembly work’; and (iii) the confirmation statement submitted by the company and the plaintiff’s own statements were mutually contradictory and lacked credibility.”
(Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880)
4. Impact of a Finding of Illegal Employment on Extension of Stay
A. Direct Impact: Becoming Subject to Exclusion from Extension Eligibility
The “D-10 (Job Seeker) Visa Issuance and Stay Management Guidelines” provide that persons who “have received a penalty of KRW 400,000 or more in fines, penalty notices, or administrative fines for violations of the Immigration Act within the past 5 years in connection with employment-related matters such as illegal employment, violations of activities outside the status of stay, or part-time employment violations during their stay in Korea” are excluded from eligibility for extension of stay (Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880; Daegu District Court, Judgment of Nov. 22, 2019, 2019Gudan10806).
Accordingly, where an internship or practical training is recognized as illegal employment and results in a penalty notice of KRW 400,000 or more, the applicant may be barred from applying for extension of stay altogether.
B. Application of Deductions
For the points-based job-seeker visa (D-10-1), a history of Immigration Act violations results in the following deductions:
| Number of Violations | Deduction |
|---|---|
| 1 | −5 points |
| 2 | −10 points |
| 3 | −30 points |
Even a single penalty notice for illegal employment results in a 5-point deduction, which may cause the total score to fall below the 60-point threshold (Gwangju District Court, Judgment of July 19, 2024, 2023Guhap1255).
C. Limits of Claims of Deviation from or Abuse of Discretion
Courts apply very strict standards when assessing whether a deviation from or abuse of discretion can be established, even where the period of illegal employment was short and the amount received was small:
“Even though the period of the plaintiff’s illegal employment was short and the wages received were a small amount, given the significant importance of foreign nationals’ employment in the context of immigration order and related matters, it is difficult to regard the degree and nature of the breach of obligation as minor.”
(Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880)
Courts have also affirmed the legitimacy of strict sanctions for illegal employment by D-10 status holders:
“Given that D-10 (Job Seeker) status is a restricted status of stay — established for a maximum of 6 months, as recognized by the Minister of Justice, for the purpose of guaranteeing domestic job-seeking activities for foreign students who have graduated from domestic universities and meet a certain score based on objective indicators such as academic qualifications, career experience, and study experience — a person staying under this status who takes up employment in simple manual labor without making efforts to find employment not only runs counter to the original intent of the status but also causes social problems such as infringing on domestic employment opportunities, making strict restriction necessary.”
(Daegu High Court, Judgment of Sept. 18, 2020, 2019Nu5534)
D. Cases Where Deviation from or Abuse of Discretion Was Exceptionally Recognized
However, even where illegal employment is established, a finding of deviation from or abuse of discretion may be made where there were unavoidable circumstances and the disposition was so manifestly unreasonable as to fall outside generally accepted social norms.
The Daejeon District Court, in a case where a D-10 status holder had temporarily worked at a Chinese restaurant, held that a deportation order constituted a deviation from and abuse of discretion, taking into account: (i) the plaintiff had originally entered on a lawful status (E-7, chef) and worked faithfully, but was forced to leave due to the employer’s wage arrears; and (ii) the employer had told the plaintiff not to file an employment report until employment would be decided in 3 months (Daejeon District Court, Judgment of Jan. 29, 2015, 2014Guhap2944).
The Seoul Administrative Court also held that a denial of extension — based on a 5-point deduction following a penalty notice issued because the plaintiff had actually visited an immigration office before the expiry of the period of stay but was unable to apply that day because appointment slots were fully booked — constituted a deviation from and abuse of discretion (Seoul Administrative Court, Judgment of Aug. 22, 2024, 2024Gudan1354).
5. Practical Considerations
A. Matters to Verify Before Undertaking an Internship or Practical Training
| Item | Content |
|---|---|
| Whether remuneration will be received | Where remuneration is received, the risk of illegal employment is high |
| Actual content of work | Whether substantive labor such as production or assembly will be performed |
| Whether an employment contract will be concluded | Whether an employment contract will be signed |
| Permission for activities outside the status of stay | Whether prior authorization needs to be obtained |
B. Utilizing Permission for Activities Outside the Status of Stay
Where a D-10 holder wishes to undertake an internship or practical training as part of job-seeking activities, it is safer to obtain prior permission for activities outside the status of stay (Immigration Act, Article 20). However, given the nature of D-10 status, the likelihood of such permission being granted to engage in employment activities is limited, making it important to consult with the competent immigration office in advance.
C. Caution When Preparing Written Statements
Courts use the content recorded in written statements submitted with extension applications as core evidence for recognizing illegal employment (Daejeon District Court, Judgment of Nov. 18, 2021, 2021Gudan101880). When preparing a written statement, the actual content of activities should be recorded accurately, but particular care should be taken when describing activities that fall on the border between employment and job-seeking.
D. Thorough Management of Job-Seeking Activity Records
For a D-10 status holder to argue that an internship or practical training was conducted as part of job-seeking activities, documentation proving that the activity was training or job-seeking aimed at obtaining employment in a field corresponding to E-1 through E-7 status must be carefully maintained (Suwon District Court, Judgment of Dec. 15, 2017, 2017Gudan8570).
- A plan demonstrating that the activity is training aimed at obtaining employment in the relevant field
- Detailed records of the content of the education or training
- Documentation proving that no remuneration was received, or that any support received was at a level covering only actual expenses
- Company documents confirming that the activity is a pre-employment preliminary stage
6. Summary
| Situation | Whether Illegal Employment | Impact on Extension of Stay |
|---|---|---|
| Remuneration received + substantive labor provided | Likely to constitute illegal employment | Excluded from extension eligibility if penalty notice of KRW 400,000 or more |
| No remuneration + pure education or training | Less likely to constitute illegal employment | No impact |
| Small remuneration + short period | May constitute illegal employment | Deduction applied if penalty notice issued |
| Unavoidable circumstances + minor violation | Claim of abuse of discretion possible | Assessment required on a case-by-case basis |
Whether an internship or practical training by a D-10 status holder constitutes illegal employment is determined based on its substantive content, with receipt of remuneration and whether substantive labor was provided being the central considerations. In particular, because courts apply strict standards even to short-duration and small-amount illegal employment, the most prudent practical approach is to consult the competent immigration office in advance to confirm whether permission for activities outside the status of stay needs to be obtained.
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