The Korean E-7 (Special Designated Activities) Visa

By Juwon Kang, June 11, 2026

I. The Big Picture

1. Overview of the E-7 Visa

The E-7 visa (Special Designated Activities status) is a status of stay granted to foreign nationals who intend to engage in activities specifically designated by the Minister of Justice, pursuant to a contract with a public institution, private organization, or similar entity in Korea (Enforcement Decree of the Immigration Act, Article 12). Here, “special designated activities” means activities in fields that the Minister of Justice has designated as particularly requiring the introduction of foreign personnel with specialized knowledge, technology, or skills, for purposes such as strengthening national competitiveness (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462).

Unlike the E-9 (Non-Professional Employment) status granted to simple manual laborers, the E-7 visa is a status of stay granted to foreign nationals with specialized knowledge and skills. Because it is recognized for outstanding specialist personnel who are difficult to replace with domestic workers and who contribute significantly to strengthening national competitiveness, and because there is a concern about infringement on domestic employment, it is strictly managed (Suwon District Court, Judgment of Dec. 6, 2023, 2022Gudan10492).

2. Sub-Categories of the E-7 Visa

The E-7 visa is divided broadly as follows.

Type	Content
E-7-1	Specialist occupation workers (67 occupations, including specialists and related workers)
E-7-2	Semi-specialist occupation workers (9 occupations)
E-7-3	General skilled occupation workers (8 occupations)
E-7-4	Skilled workers under the points-based system
E-7-S	Negative-list specialist personnel in advanced industries (established Dec. 28, 2022)

Previously, the visa was limited to 93 occupations. Following criticism that the system failed to proactively respond to new industries and occupations emerging in the Fourth Industrial Revolution era, the E-7-S negative-list specialist personnel status — for prospective workers in 35 advanced industries including biotechnology, semiconductors, secondary batteries, aviation, drones, and renewable energy — was newly established on December 28, 2022 (Changwon District Court, Judgment of July 17, 2024, 2023Gudan12140).

3. Specific Requirements

A. General Requirements for E-7-1 (Specialist Occupations)

1) Education and Career Requirements

Holder of a bachelor’s degree or higher related to the relevant occupation
Or an associate degree related to the relevant occupation plus a certain amount of career experience
Because the required education and experience differ by occupation, the Ministry of Justice’s stay administration guidance manual must be consulted

2) Employer Requirements

The employer must meet the general employer requirements set by the Ministry of Justice
For example, in the case of head chefs and cooks, the employer must be a tourist hotel, tourist restaurant, restaurant specializing in foreign tourists, or a foreign cuisine specialty restaurant that meets all of the minimum business premises area, value-added tax, and domestic employment criteria (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462)
Even where the formal minimum requirements are met, whether the employer substantively requires specialist personnel is reviewed

3) Contract Requirement

A lawful employment contract concluded with a Korean public or private institution

B. Requirements for E-7-4 (Skilled Workers Under the Points-Based System)

1) Basic Eligibility Requirements

A registered foreign national who has stayed for at least 4 years within the past 10 years under E-9 (Non-Professional Employment), E-10 (Maritime Crew Employment), or H-2 (Working Visit) status, and who is currently working normally at their place of employment

2) Points Requirements (2023 Standard)

Industrial contribution value: annual income score of at least 10 points + total score of at least 52 points; or
Future contribution value: at least 35 points + total score of at least 72 points; a fixed number of applicants are selected in descending order of score from among those meeting these thresholds (Uijeongbu District Court, Judgment of Oct. 30, 2024, 2024Gudan5177)

3) Persons Excluded from Selection

Persons who have received a fine of KRW 1 million or more, etc. (Seoul Administrative Court, Judgment of Oct. 16, 2024, 2024Gudan9914)
Persons with a record of receiving a suspension of prosecution for violation of the Act on the Control of Narcotics (Seoul Administrative Court, Judgment of Dec. 17, 2024, 2024Gudan75454)

C. Requirements for E-7-S (Advanced Industry Negative-List)

Prospective workers in 35 advanced industry fields including biotechnology, semiconductors, secondary batteries, aviation, drones, and renewable energy
Wage criterion: at or above the previous year’s per-capita Gross National Income (GNI)
The prospective job duties must align with the advanced technology field (Changwon District Court, Judgment of July 17, 2024, 2023Gudan12140)

4. Required Documents

A. Common Documents

Document	Notes
Visa application form	Ministry of Justice prescribed form
Passport copy	Validity of at least 6 months
Standard-specification photograph	Taken within the last 6 months
Fee
Employment contract	Concluded with a domestic employer
Degree certificate	Notarization or apostille
Career certificate	Proof of career experience in the relevant occupation

B. Documents Submitted by the Employer

Document	Notes
Copy of business registration certificate
Corporate registry extract	For corporations
Tax payment certificate
Proof of financial capacity	VAT payment records, etc.
Employment recommendation letter	Required depending on the occupation

C. Additional Documents for E-7-4

Income amount certificate (issued by the National Tax Service)
Certificate of employment
Earned income tax withholding receipt
TOPIK score certificate (where applicable)
Employer recommendation letter

Practical point: Because the Ministry of Justice immigration office conducts on-site inspections of employers, the actual operation of the employer and the substantive need for foreign specialist personnel must be genuinely established (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462).

5. Application Methods and Procedures

A. Electronic Visa (e-Visa) Application

Korea operates an electronic visa system (Korea Visa Portal). The electronic visa is “a visa applied for and issued through the visa portal for certain visa categories, in order to eliminate the inconvenience of visiting an overseas mission for applicants seeking a Korean visa.”

Among E-7 visas, persons who hold an employment recommendation letter known as the “Gold Card” as advanced science and technology professionals may obtain the visa as an electronic visa.

B. Application Procedure

1) Where the Foreign National Applies Directly

Complete electronic application form → electronic payment → invitation confirmation → receipt and review → print and transmit electronic visa issuance confirmation

2) Where the Sponsor Applies as Proxy

Login → complete electronic application form → electronic payment → receipt and review → print and transmit electronic visa issuance confirmation

3) Direct Application at an Overseas Mission

Submit documents to the Korean embassy or consulate-general in the relevant country
The Minister of Justice may delegate the authority over visa issuance to the heads of overseas missions (Immigration Act, Article 8(2))

C. Use of the Science Card and Gold Card

Science Card: A scheme for attracting high-caliber foreign talent in the fields of science and technology; available to holders of a doctoral degree or higher in a science or engineering field, or holders of a master’s degree or higher in a science or engineering field with at least 3 years of research and development experience in the relevant specialized field.
Gold Card: An employment recommendation letter issued to advanced science and technology professionals; holding it enables application for an electronic visa.

6. Key Cases

A. Denial for Failure to Meet Employer Requirements

In Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462, in a case where an establishment selling hamburgers, pasta, chicken wings, and similar dishes sought to hire a foreign cook, the court held that the denial of a change of status was lawful, reasoning that the nature of the establishment did not require that a foreign national do the cooking, and that the fact that 30% of customers were foreign nationals did not unconditionally establish a need for foreign specialist personnel.

B. Denial for Mismatch in Job Content

In Seoul Administrative Court, Judgment of Oct. 2, 2018, 2018Gudan9142, a foreign national applied for a change to E-7 status claiming they would work as an interpreter/translator handling interpretation and translation duties; however, the court held that the denial was lawful because the actual work should be regarded as medical coordinator duties rather than interpretation and translation, and the applicant did not meet the qualification requirements for a medical coordinator.

C. Denial for Failure to Meet Education and Expertise Requirements

In Suwon District Court, Judgment of Dec. 6, 2023, 2022Gudan10492, in respect of a foreign national who applied for a change to E-7 status on the basis of employment as an overseas (Mongolia) health food export sales representative at a health food company, the court held that the denial was lawful, reasoning that the applicant had only received a master’s degree in political science and had no degree related to health food or specialized skills relating to overseas sales.

D. Denial for Falling Short of E-7-4 Points Threshold

In Suwon District Court, Judgment of Feb. 19, 2020, 2019Gudan426, where the E-7-4 skilled-worker points system required a “proficiency” score within the industrial contribution value of at least 10 points and a total score of at least 52 points, the court held that the denial was lawful because the plaintiff’s score totaled only 47 points.

E. Revocation of Disposition for E-7-4 Deviation from or Abuse of Discretion

In Uijeongbu District Court, Judgment of Apr. 17, 2024, 2023Gudan6494, in respect of a foreign national who had passed the points-based selection with a score of 84, the court revoked a denial that had been based on the question of whether the employer was operating normally, on the ground that the relevant review criterion could not be applied to points-based selection review.

F. Denial for E-7-S Job Mismatch

In Changwon District Court, Judgment of July 17, 2024, 2023Gudan12140, the court held that a denial of a change to E-7-S status was lawful on the ground that the prospective job duties did not align with the advanced technology field.

7. Obligations After Obtaining the Visa

A. Restrictions on Changing or Adding Workplaces

Certain occupations such as head chef and cook are excluded from the occupations for which a workplace may be changed or added by mere notification. Accordingly, E-7 status holders in these occupations are restricted from arbitrarily leaving their workplace and taking up employment at another workplace without a justifiable reason (Seoul Administrative Court, Judgment of Sept. 12, 2018, 2018Gudan6808).

B. Restriction on Change to Job Seeker (D-10) Status

For workers in E-7 (Special Designated Activities) occupations where notifications to change or add workplaces are restricted, a change to D-10 (Job Seeker) status is in principle not permitted. However, where there is a justifiable reason such as the workplace’s temporary or permanent closure, a change to D-10 status is exceptionally permitted, but the maximum period of stay is limited to 6 months (Seoul Administrative Court, Judgment of Apr. 16, 2021, 2020Gudan69321).

C. On-Site Inspection at Extension of Stay

When applying for an extension of stay, the Ministry of Justice immigration office conducts an on-site inspection of the employer. Because whether the employer is actually operating and whether foreign specialist personnel are genuinely needed are reviewed, the normal operation of the employer is important (Incheon District Court, Judgment of Sept. 24, 2024, 2024Gudan171).

D. Discretionary Nature of Change-of-Status Permits

A permit to change status of stay is a constitutive administrative disposition that grants the applicant authority to engage in activities corresponding to a status of stay different from the original one. Accordingly, the authorizing authority retains discretion to decide whether to grant the permit — taking into account the applicant’s suitability, the purpose of stay, and the impact on the public interest — even where the applicant meets the requirements set out in the relevant statutes (Uijeongbu District Court, Judgment of Oct. 30, 2024, 2024Gudan5177).

E. Maximum Period of Stay Per Grant

Under the current Enforcement Decree of the Immigration Act, a person entering Korea on the basis of E-7 (Special Designated Activities) status may be granted a period of stay of 3 years per grant. By contrast, a maximum period of stay of 5 years per grant is recognized for E-1 (Professor), E-3 (Researcher), E-4 (Technical Instructor), and E-5 (Specialist Professional). However, for those eligible for special provisions — such as workers at foreign-invested companies located within a free economic zone — the maximum period of stay may be extended to 7 years.

F. Prohibition on Illegal Stay and Submission of False Documents

Where a visa is obtained using a false invitation letter or forged documents, adverse measures such as a departure order may be imposed (Seoul Administrative Court, Judgment of July 17, 2018, 2017Gudan80571). In addition, to continue staying beyond the period of stay, an extension permit must be obtained before the period expires (Immigration Act, Article 25).

8. Practical Checklist Summary

Stage	Points to Verify
Advance preparation	Confirm whether the occupation is an E-7-permitted occupation (Ministry of Justice manual)
Employer verification	Whether the employer meets the general requirements; preparation for on-site inspection
Education and career verification	Whether the education and career requirements for the occupation are met
Document preparation	Notarization/apostille processing; notarized translations
Application	Electronic visa or overseas mission application
After entry	No abandonment of workplace; compliance with period of stay
At extension	Apply for extension before the period of stay expires; maintain normal operation of the employer

II. The E-7-2 (Semi-Specialist Occupations) and E-7-3 (General Skilled Occupations) Visas

Note: The following is based on the case law and statutory reference materials provided. For the specific list of permitted occupations, detailed requirements, and the latest selection plans for E-7-2 and E-7-3, the Korea Immigration Service’s stay administration guidance manual (Hi Korea) must be consulted directly. Because the reference materials provided do not include cases directly addressing E-7-2 and E-7-3, the explanation centers on case law and legal principles concerning E-7 generally.

1. E-7-2 Semi-Specialist Occupation Workers

A. Overview and Permitted Occupations

E-7-2 is a status of stay granted to semi-specialist personnel who do not qualify as specialists (E-7-1) but possess a certain level of technology or skills. Pursuant to Article 12, [Annex 1-2] of the Enforcement Decree of the Immigration Act, it is granted to “persons who intend to engage in activities specifically designated by the Minister of Justice, pursuant to a contract with a public institution, private organization, or similar entity in Korea” (Enforcement Decree of the Immigration Act, Article 12).

The 9 occupations under the Ministry of Justice’s stay administration guidance manual are as follows.

Occupation Code	Occupation
441	Head chefs and cooks
442	Travel service-related workers
443	Aircraft cabin crew
444	Sports and recreation-related workers
445	Other service-related workers
446	Interpreters and translators
447	Tourism interpretation guides
448	Social workers
449	Other semi-specialist workers

⚠️ Practical caution: Occupation codes and titles are subject to change with revisions to the Ministry of Justice manual, so the latest manual must be verified before applying.

B. Specific Requirements

1) Education and Career Requirements (Vary by Occupation)

For head chefs and cooks (441):

Holder of an associate degree or higher related to the relevant foreign cuisine; or
A person with at least 1 year of experience related to the relevant foreign cuisine, where the employer meets the relevant requirements

For interpreters and translators (446):

Holder of a relevant bachelor’s degree or higher; or
An associate degree related to the relevant language plus a certain amount of experience

2) Employer Requirements — For the Head Chef/Cook Occupation (The Most Litigation-Prone Occupation in Practice)

Under the Ministry of Justice’s detailed management criteria, the employer for the head chef and cook occupation must fall within one of the following:

A tourist hotel, tourist restaurant, or restaurant specializing in foreign tourists
An airline in-flight catering division
A foreign cuisine specialty restaurant that, although not designated as a tourism convenience facility, meets all of the minimum business premises area, value-added tax, and domestic employment criteria

In particular, “even where the formal minimum requirements are met, invitations are in principle restricted where the purpose is judged to be the use of low-wage foreign cooks” (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462).

C. Key Cases — Centered on the Head Chef/Cook Occupation

1) Failure to Meet Employer Requirements (Plaintiff Lost)

In Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462, the court held as follows:

A Pakistani national concluded an employment contract with a restaurant located in Yongsan-gu, Seoul (selling hamburgers, pasta, chicken wings, and similar dishes) and applied for a change to E-7 status.
The court held that the denial was lawful on the grounds that: (i) the establishment did not meet the requirements of a foreign cuisine specialty restaurant; (ii) the fact that 30% of customers were foreign nationals did not establish that foreign specialist personnel were necessarily required; and (iii) it was judged that there was a purpose of using a low-wage foreign cook (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462).

In Incheon District Court, Judgment of July 16, 2021, 2021Gudan50182, the court also held:

The denial was lawful because the employer did not meet the minimum domestic employment of 3 persons, was not a foreign cuisine specialty restaurant targeting foreign tourists, and had concluded an employment contract at a salary lower than that of a Korean cook, indicating a purpose of using a low-wage foreign cook (Incheon District Court, Judgment of July 16, 2021, 2021Gudan50182).

2) Cases Concerning Restrictions on Changing or Adding Workplaces

Seoul High Court, Judgment of June 12, 2025, 2024Nu59871, made an important determination on changing or adding workplaces for the E-7 head chef/cook occupation:

Under Ministry of Justice Notice No. 2020-212, the “head chef and cook (441)” occupation is classified as an occupation requiring advance management — with limits on the permitted number per employer and similar restrictions — such that a workplace cannot be changed or added by mere notification and authorization from the Minister of Justice is required.
Accordingly, workers in this occupation are restricted from arbitrarily leaving their workplace and taking up employment at another workplace without authorization from the Minister of Justice (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).

3) Cases Concerning Restriction on Change to Job Seeker (D-10) Status

In Seoul High Court, Judgment of June 12, 2025, 2024Nu59871, the court additionally held:

Workers in E-7 occupations where notifications to change or add workplaces are restricted (including head chefs and cooks) are in principle not permitted to change to D-10 (Job Seeker) status.
However, where there is a justifiable reason such as temporary or permanent closure, a change to D-10 status is exceptionally permitted, but the maximum period of stay is limited to 6 months (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).

4) Cases of Mismatch Between Actual Duties and the Applied-For Occupation

In connection with the interpreter/translator occupation (446), there is a case in which the denial was held lawful where the actual work was determined to be medical coordinator duties rather than interpretation and translation. Courts strictly review whether the applied-for occupation substantively aligns with the actual prospective duties.

D. E-7-2 Practical Considerations

1) Preparing for Employer On-Site Inspection

The Ministry of Justice immigration office conducts on-site inspections of employers when reviewing change-of-status applications. Meeting the formal requirements alone is insufficient; whether the employer substantively needs foreign specialist personnel is a core review criterion (Seoul Administrative Court, Judgment of Feb. 15, 2022, 2021Gudan68462).

2) Whether the Purpose Is to Use Low-Wage Foreign Labor

Where an employment contract is concluded at a salary significantly lower than that of a Korean cook, this may be judged to indicate a purpose of using low-wage foreign labor and result in denial (Incheon District Court, Judgment of July 16, 2021, 2021Gudan50182).

3) Compliance with the Scope of Employment Activities

Because E-7 status is a status of stay permitting employment activities (Supreme Court, Judgment of May 7, 1997, 96Do2950), employment activities are permitted only within the scope of the authorized occupation and workplace.

2. E-7-3 General Skilled Occupation Workers

A. Overview and Permitted Occupations

E-7-3 is a status of stay granted to foreign personnel who do not qualify as specialists or semi-specialists but possess specific skills. The 8 occupations under the Ministry of Justice’s stay administration guidance manual are as follows.

Occupation Code	Occupation
511	Ship and aircraft operators
512	Vehicle drivers
513	Construction machinery operators
514	Other operation-related workers
521	Construction-related skilled workers
522	Metal-related skilled workers
523	Electrical and electronic-related skilled workers
524	Other skill-related workers

⚠️ Practical caution: Occupation codes and titles are subject to change with revisions to the Ministry of Justice manual, so the latest manual must be verified before applying.

B. Specific Requirements

1) Education and Career Requirements

E-7-3 occupations have relaxed education requirements compared with E-7-1 and E-7-2, but require a national technical qualification at the craftsman (기능사) level or higher related to the relevant occupation, or a certain minimum period of experience. Because requirements vary by occupation, consultation of the Ministry of Justice manual is essential.

2) Employer Requirements

An employer permitted to hire foreign personnel in the relevant occupation
No history of tax delinquency
Compliance with the permitted number of foreign hires per employer

Because there is no substantive difference between a foreign national staying in Korea obtaining a change to E-7 status and obtaining an E-7 visa for the purpose of entering Korea, visa issuance requires: (i) a contract concluded with a Korean public or private institution; (ii) satisfaction of the employer’s individual requirements (such as no history of tax delinquency); and (iii) satisfaction of the foreign employee’s individual requirements (Uijeongbu District Court, Judgment of Dec. 6, 2023, 2023Gudan5859).

C. The Relationship Between E-7-3 and E-7-4 — An Important Practical Issue

E-7-3 general skilled occupations and the E-7-4 skilled-worker points system are closely related in practice. Where a foreign national who has worked for a certain period under E-9 (Non-Professional Employment) status transitions to E-7-4, the target occupation for that transition often overlaps with the E-7-3 general skilled occupations.

1) Industry Restrictions on E-7-4 Transition

In Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan69619:

Because E-7-4 (Skilled Worker Points System) was established for the purpose of securing skilled personnel in specific industries such as the “root industries” (casting, mold-making, welding, etc.) and agriculture, forestry, livestock, and fisheries, the court held that workers in the service sector are not eligible for a change to E-7-4 status.
The court held that the Minister of Justice’s decision not to include the service sector among the industries eligible for E-7-4 was a policy decision, and that there were no special circumstances rendering such a policy decision unlawful (Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan69619).

2) Mismatch Between the Industry on the Employment Contract and the Actual Industry

In the same judgment, the plaintiff argued that because the industry was recorded as manufacturing on the employment contract and business registration certificate, the plaintiff should be regarded as having worked in manufacturing; however, the court determined the matter based on the actual industry of engagement and rejected the plaintiff’s argument (Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan69619).

Practical implication: The recording of the industry on the employment contract or business registration certificate is insufficient; the key question is whether the actual industry of engagement falls within the E-7-3 or E-7-4 permitted industries.

D. E-7-3 Practical Considerations

1) Review of Concern About Infringement on Domestic Employment

2) Discretionary Nature of Change-of-Status Permits

3. Common Practical Checklist for E-7-2 and E-7-3

Stage	Points to Verify
Occupation verification	Confirm whether the occupation is included in E-7-2 or E-7-3 in the latest Ministry of Justice manual
Education and career	Whether the education and career requirements for the occupation are met (prepare graduation and career certificates)
Employer	Whether the employer meets the general requirements; no tax delinquency; preparation for on-site inspection
Wage level	Not significantly lower than comparable domestic workers (to avoid suspicion of a low-wage-use purpose)
Actual duties	Whether the applied-for occupation substantively aligns with the actual prospective duties
Change of workplace	For occupations requiring advance management, such as head chef and cook, authorization is required to change workplace
Compliance with period of stay	Extension application before the period of stay expires is essential
Illegal stay history	Where there is a history of illegal stay, the applicant may be excluded from E-7-4 transition

4. Connection with the Points-Based Immigration System (Resident, F-2)

Specialist personnel who have lawfully stayed for at least 1 year under E-7-2 or E-7-3 status may apply, through the points-based immigration system, for a change to F-2 (Resident) status. The points-based immigration system evaluates factors such as age, education, income, and Korean language ability on a points basis; an applicant scoring at least 80 out of a possible 120 points is granted F-2 status, and a person who has no record of statutory violations over 3 years of stay and has worked faithfully in a specialist occupation is granted F-5 (Permanent Resident) status. However, the applicant must have no disqualifying grounds, such as a record of a sentence of imprisonment or heavier, or a record of three or more violations of domestic statutes (including the Immigration Act) within 2 years of the application date resulting in a penalty of a fine or lighter.

III. Legal Distinctions Between the E-7-1 (Foreign School Teacher) and E-1 (Professor) Visas

1. Legal Basis and Basic Structure of the Statuses of Stay

Although E-1 (Professor) and E-7-1 (Special Designated Activities — Foreign School Teacher) are both long-term statuses of stay grounded in Article 12, [Annex 1-2] of the Enforcement Decree of the Immigration Act, their legal character and scope of application are clearly distinguished.

Both statuses of stay are “statuses of stay permitting employment activities,” and employment activities are limited to those falling within the scope of the relevant status of stay (Supreme Court, Judgment of May 7, 1997, 96Do2950 — confirming that Article 23(1) of the former Enforcement Decree of the Immigration Act enumerated “Professor (E-1) through Special Occupation (E-7)” as statuses of stay permitting employment activities) (Supreme Court, Judgment of May 7, 1997, 96Do2950).

2. Key Differences Between E-1 (Professor) and E-7-1 (Foreign School Teacher)

A. Type of Employing Institution

1) E-1 (Professor)

E-1 status is granted to foreign nationals engaged in educational or research activities at higher education institutions under Article 2 of the Higher Education Act — universities, industrial universities, universities of education, junior colleges, distance learning universities, technical colleges, miscellaneous schools, and similar institutions.

In the case of private universities, the appointment of a foreign national as a professor is in principle a matter for the free decision of the school corporation, and the legal nature of a private university faculty appointment contract is that of a private-law employment contract (Supreme Court, Judgment of May 31, 1996, 95Da26971). A school corporation may also freely appoint as faculty foreign nationals who meet the qualifications prescribed by education law (Supreme Court, Judgment of May 31, 1996, 95Da26971).

Where a foreign national is appointed as a visiting professor, it is not required that the appointment term be the same as that of a regular professor; an appointment for a term of 1 year is also lawful (Supreme Court, Judgment of Jan. 20, 1995, 93Da55425).

2) E-7-1 (Foreign School Teacher)

E-7-1 status is granted to teachers working at elementary- and secondary-level foreign educational institutions — foreign schools under Article 60-2 of the Elementary and Secondary Education Act, international schools under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of a Free International City, foreign educational institutions in free economic zones, and similar institutions.

A foreign school is a miscellaneous school established under Article 60-2 of the Elementary and Secondary Education Act, and the application of the faculty-related provisions (Articles 52 through 66-4) is excluded by Article 67 of the Private School Act. This is intended to facilitate the school adaptation of foreign nationals’ children and to guarantee them substantive educational opportunities, by excluding domestic-law faculty provisions in recognition that foreign schools have educational systems and content suited to each country’s particular characteristics.

B. Difference in Educational Level

Category	E-1 (Professor)	E-7-1 (Foreign School Teacher)
Educational level	Higher education (university/graduate school)	Elementary and secondary education (kindergarten–high school)
Governing statute	Higher Education Act, Article 2	Elementary and Secondary Education Act, Article 60-2
Faculty qualification	Presidential Decree on Qualification Standards for University Faculty Members applies	Private School Act faculty provisions excluded
Nature of appointment	Private-law employment contract	Private-law employment contract

For university faculty, a professor requires 10 years of research performance and teaching experience measured from university graduation, an associate professor 7 years, and an assistant professor 4 years.

C. Difference in Legal Character of the Status of Stay

E-1 is a status of stay granted to the higher-education professorial position itself, whereas E-7-1 is a status of stay granted to persons engaged in activities specifically designated by the Minister of Justice. For this reason, E-7 status holders must in principle obtain authorization from the Minister of Justice to change or add a workplace, with the requirement relaxed to mere notification for some occupations (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).

D. Whether the Private School Act Applies

For foreign professors employed at universities on E-1 visas, the faculty-related provisions of the Private School Act in principle apply. For example, the right to file an appeal for review of a denial of reappointment and deliberation by the faculty personnel committee apply (Seoul High Court, Judgment of Feb. 21, 2019, 2018Nu50811).

By contrast, the faculty-related provisions of the Private School Act do not apply to teachers employed at foreign schools on E-7-1 visas.

3. Why International School Teachers Must Obtain E-7-1 Rather Than E-1

A. Not a University Under the Higher Education Act

E-1 status is granted only to persons engaged in educational or research activities at higher education institutions such as universities under Article 2 of the Higher Education Act. Because an international school is a miscellaneous school under Article 60-2 of the Elementary and Secondary Education Act and is not a higher education institution, an international school teacher cannot be eligible for E-1 status.

B. Express Confirmation by the Courts

Courts have expressly confirmed that E-7 status is required to engage in foreign school teaching work. Where a facility registered as a private language institute was in fact operated in the form of an international school, the court recognized as the criminal facts of an Immigration Act violation that the operator had “employed a total of 14 foreign nationals who did not hold the qualification (E-7) to engage in foreign school teaching work in foreign school teaching duties” (Seoul Central District Court, Judgment of May 12, 2023, 2021No1201).

C. Strict Limitation of the Scope of the Status of Stay

Because employment activities are limited to those falling within the scope of the relevant status of stay, working as a teacher at an elementary or secondary-level international school on E-1 status constitutes activity outside the scope of the status of stay.

4. Comparison Summary Table

Category	E-1 (Professor)	E-7-1 (Foreign School Teacher)
Applicable institution	Universities/graduate schools under the Higher Education Act	Foreign schools/international schools under the Elementary and Secondary Education Act
Educational level	Higher education	Elementary and secondary education
Private School Act	Faculty provisions apply	Faculty provisions excluded
Faculty qualification	University faculty qualification standards apply (professor 10 years, associate professor 7 years, assistant professor 4 years of experience)	Domestic faculty qualification requirements excluded
Change of workplace	Relatively free	In principle requires Minister of Justice authorization
Appeal for review	May file with the Teachers’ Appeal Review Committee	No appeal for review available, as Private School Act faculty provisions do not apply
Period of stay	Up to 5 years	Up to 3 years (renewable)

Key point: Because an international school is not a university under the Higher Education Act but a miscellaneous school under the Elementary and Secondary Education Act, an international school teacher must obtain E-7-1 (Foreign School Teacher, occupation code 261) status rather than E-1. Engaging in foreign school teaching work without E-7 status in violation of this rule, or employing someone to do so, may result in punishment for the offense of violating the Immigration Act.

IV. E-7-1 Visa (Foreign School Teacher): Application Requirements and Supporting Documents

1. Overview

E-7-1 (Special Designated Activities) status is granted to “persons who intend to engage in activities specifically designated by the Minister of Justice, pursuant to a contract with a public institution, private organization, or similar entity in Korea,” and the foreign school teacher occupation is one such occupation (Enforcement Decree of the Immigration Act, Article 12, [Annex 1-2]; Seoul Administrative Court, Judgment of July 2, 2021, 2020Gudan72198).

When applying for a change of status of stay, the applicant must be reviewed on whether they qualify for a status of stay set out in Article 12 and [Annex 1-2] of the Enforcement Decree of the Immigration Act, and on whether they meet the other criteria separately prescribed by the Minister of Justice for each status of stay (Seoul High Court, Judgment of June 12, 2025, 2024Nu59871).

2. Legal Basis for the Foreign School Teacher E-7-1 Visa

A foreign school is a miscellaneous school established under Article 60-2 of the Elementary and Secondary Education Act, and the foreign school teacher occupation (occupation code 261) constitutes an E-7-1 activity specifically designated by the Minister of Justice. Because the faculty-related provisions of the Private School Act (Articles 52 through 66-4) do not apply to foreign schools, the E-7-1 occupation-specific management criteria in the Ministry of Justice’s stay administration guidance manual apply, rather than domestic faculty qualification standards.

The court has stated that “Article 12 and [Annex 1-2] of the Enforcement Decree of the Immigration Act prescribe, as a requirement for E-7 (Special Designated Activities) status, ‘a person who intends to engage in activities specifically designated by the Minister of Justice pursuant to a contract with a public institution, private organization, or similar entity in Korea,’ and the ‘E-7 (Special Designated Activities) Occupation-Specific Management Criteria’ in the Ministry of Justice’s Foreigner Stay Guide Manual prescribe the specific requirements” (Seoul Administrative Court, Judgment of July 2, 2021, 2020Gudan72198).

3. Application Requirements (Based on the Ministry of Justice’s Stay Administration Guidance Manual)

A. Employing Institution Requirement

The employing institution for a foreign school teacher E-7-1 visa must fall within one of the following:

A foreign school established under the Elementary and Secondary Education Act
An international school under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of a Free International City
A foreign educational institution within a free economic zone

A foreign school must obtain establishment authorization from the Superintendent of Education, and when applying for establishment authorization must submit documents setting out the plan for securing teaching staff such as the principal. In addition, the school regulations of a foreign school must record matters concerning the qualifications and duties of the principal and teachers.

B. Education Requirement

The reference materials do not directly specify the precise education requirements for the foreign school teacher occupation. However, the general E-7 status application requirements confirmed in case law provide that an academic transcript or career certificate must be submitted (Enforcement Regulations of the Immigration Act, Article 76(2)(5), [Annex 5-2]).

For reference, in the case of private institute (hagwon) instructors, instructor eligibility is established for foreign nationals who hold a university degree or higher and who either hold the relevant status of stay under Article 10 of the Immigration Act and Article 12 of its Enforcement Decree, or have obtained permission for activities outside the status of stay relating to the relevant teaching activity under Article 20 of the Act and Article 25 of its Enforcement Decree (Constitutional Court, Decision of Sept. 25, 2003, 2002Heonma519). Thus, there is a tendency for a university degree or higher to be required as a basic requirement in education-related occupations.

C. Employment Contract Requirement

An employment contract with the employer (foreign school) is an essential requirement when applying for E-7 status. The court has upheld as lawful a denial of a change of status where the employer submitted a withdrawal of employment, treating the applicant as having failed to meet the E-7 requirements (Seoul Administrative Court, Judgment of July 2, 2021, 2020Gudan72198). This demonstrates that the existence of a valid employment contract is a core requirement for E-7 status.

In practice, there is a confirmed case in which a foreign national working at a foreign school proceeded with the visa issuance process after concluding an employment contract — including undergoing a medical examination for E-7 visa issuance (Seoul Administrative Court, Judgment of Dec. 15, 2022, 2022Guhap50885).

4. Supporting Documents

A. Attachments Specified by Statute

Under Article 76(2) and [Annex 5-2] of the Enforcement Regulations of the Immigration Act, the documents to be submitted when applying for a change to E-7 status are as follows (Enforcement Regulations of the Immigration Act, Article 76(2)(5)):

Document Type	Content
Academic transcript/certificate	Graduation certificate or degree certificate for highest level of education
Career certificate	Documentation proving career experience in the relevant field
Employment contract	Employment contract concluded with the foreign school
Copy of business registration certificate	The employing foreign school’s establishment authorization or business registration certificate

B. Additional Documents Submitted in Practice

The additional documents submitted in practice, as confirmed in case law, are as follows:

1) Employer-Related Documents

Copy of the foreign school’s establishment authorization
Certificate of employment or employment confirmation from the employer

2) Identity-Related Documents

Passport copy
Copy of Alien Registration Card (for existing residents)
Medical examination results: there is a confirmed case in which a foreign national hired as a foreign school teacher underwent a medical examination for E-7 visa issuance (Seoul Administrative Court, Judgment of Dec. 15, 2022, 2022Guhap50885)

3) Education and Career Documentation

Degree certificate and academic transcript (original or notarized copy)
Career certificate (issued by previous employer)
Copy of qualification certificate (where applicable)

Caution: The authenticity of submitted documents is strictly scrutinized. Where E-7 status was obtained by submitting a forged qualification certificate, the visa may be revoked and a departure order issued (Seoul Administrative Court, Judgment of Nov. 27, 2015, 2014Gudan58009).

5. Discretionary Nature of Change-of-Status Permits

Because a permit to change to E-7 status has the character of a constitutive administrative disposition, the authorizing authority retains discretion to decide whether to grant the permit — taking into account the applicant’s suitability, the purpose of stay, and the impact on the public interest — even where the applicant meets the requirements set out in the relevant statutes (Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7123; Suwon District Court, Judgment of Oct. 10, 2018, 2018Gudan7147).

6. Conclusion and Practical Considerations

The reference materials do not directly specify the precise education and career requirements (e.g., minimum education level, years of experience) for the foreign school teacher E-7-1 occupation. The specific education, career, and employer requirements and the list of submission documents for foreign school teachers (occupation code 261) must be verified in the “E-7 Occupation-Specific Management Criteria” of the Ministry of Justice’s stay administration guidance manual (Hi Korea, http://www.hikorea.go.kr).

Particular attention should be paid to the following:

Validity of the employment contract: If the employer submits a withdrawal of employment, the change of status may be denied.
Authenticity of documents: Submitting forged documents may result in visa revocation and a departure order.
Compliance with the scope of the status of stay: Engaging in teaching work without E-7-1 foreign school teacher qualification, or employing someone to do so, may result in punishment for the offense of violating the Immigration Act.
Non-application of the Administrative Procedure Act: Because the Administrative Procedure Act does not apply to matters concerning the entry and exit of foreign nationals, a denial may be issued without a request to supplement documents (Suwon District Court, Judgment of Dec. 5, 2018, 2018Gudan1583).

V. The Concept of “Foreign School” Under Article 60-2 of the Elementary and Secondary Education Act

1. Legal Basis and Definition

A. Definition Under the Law

Article 60-2(1) of the current Elementary and Secondary Education Act defines a foreign school as follows:

“A school, falling within the category of miscellaneous schools, established to educate: domestic nationals who have resided abroad for a certain period and returned, as prescribed by Presidential Decree; children of persons who have acquired nationality under Article 4 of the Nationality Act, where the head of the relevant school has determined, in accordance with the standards and procedures prescribed by Presidential Decree, that they would have difficulty continuing their studies; and children of foreign nationals.”

(Elementary and Secondary Education Act, Article 60-2(1))

In other words, a foreign school is legally a type of miscellaneous school (Elementary and Secondary Education Act, Article 60-2(1)). It falls within the category of “miscellaneous school” under Article 2(5) of the Elementary and Secondary Education Act, and is a separate school type distinct from elementary schools, middle schools, and high schools.

B. Legislative Purpose

The purpose of the foreign school system is to enable foreign nationals staying in Korea to have their children receive education as faithful and appropriate as that under the educational curriculum of the relevant foreign country; and, even in the case of Korean nationals’ children, because a child who has stayed abroad for an extended period and received education under a foreign curriculum for a considerable time may experience difficulty adapting to the curriculum of domestic schools, to enable such a child — as in the case of foreign nationals’ children — to receive in Korea education identical to that received in the country of prior residence (Incheon District Court, Judgment of Feb. 20, 2013, 2012Godan10649; Incheon District Court, Judgment of June 18, 2013, 2013Godan1651). A further key purpose of establishment is to improve the educational environment for the children of talented foreign nationals in order to assist their long-term stay in Korea (Incheon District Court, Judgment of Feb. 20, 2013, 2012Godan10657).

2. Admission Eligibility

A. Children of Foreign Nationals

Admission eligibility is granted where one of the parents is a foreign national (Incheon District Court, Judgment of Feb. 20, 2013, 2012Godan10657).

B. Children of Korean Nationals

For Korean nationals, admission eligibility is granted where the total period of residence abroad is at least 3 years. In addition, persons whom the head of the relevant school, following deliberation by the school operating committee, recognizes as falling within any of the following may also be admitted:

A student whose Korean language ability is so markedly deficient that they cannot follow classes
A student who has experienced problems adapting to school due to cultural differences
A student who, for other comparable reasons, has difficulty continuing their studies at the relevant school

Korean nationals must not exceed 30 percent of the foreign school’s student quota; however, the Superintendent of Education may, considering the circumstances of the city or province, raise the admission ratio within a range of 20 percent through the educational rules of the city or province.

3. Legal Character of Foreign Schools

A. Character as a Miscellaneous School

Because a foreign school falls within the category of miscellaneous school under Article 2(5) of the Elementary and Secondary Education Act, it does not constitute a middle school under Article 2(2) of that Act. Accordingly, where a collective agreement or similar instrument provides for a “middle school,” a foreign school is not included within that term (Seoul Central District Court, Judgment of Sept. 2, 2021, 2021Na1000).

B. Character as a Private School

Foreign schools are, under the relevant statutes, contemplated as private institutions only. The Supreme Court held that “this clarifies that the provisions on the establishment and operation of school accounting for national and public schools (Articles 30-2 and 30-3) do not apply to foreign schools, which under the former Elementary and Secondary Education Act and related statutes are contemplated as private institutions only” (Supreme Court, Judgment of Mar. 15, 2017, 2014Do12773).

C. Issue of Capacity to Be a Party

Where a foreign school has been authorized as a school established by a foreign individual, the school cannot be regarded as an unincorporated association or foundation capable of independent existence and activity separate from its establisher-operator, and accordingly is not recognized as having the capacity to be a party (Supreme Court, Decision of Mar. 25, 2019, 2016Ma5908).

D. Status Under the Improper Solicitation and Graft Act

Where an institution constitutes a foreign school under Article 60-2 of the Elementary and Secondary Education Act, its teaching staff constitute “public officials and equivalent persons” under the Improper Solicitation and Graft Act.

4. Provisions Not Applicable to Foreign Schools (Special Exceptions)

Article 60-2(1) of the Elementary and Secondary Education Act excludes the application of the following provisions to foreign schools:

Article 21 (Faculty Qualifications)
Articles 23 through 26 (Curriculum, Textbooks, Superintendent’s Guidance, School Records)
Articles 30-2 and 30-3 (Establishment and Operation of School Accounting)
Articles 31 and 31-2 (School Operating Committees)
Articles 32 through 34-2 (Functions of School Operating Committees, etc.)

(Elementary and Secondary Education Act, Article 60-2(1))

The legislative purpose of these special-exception provisions is “to facilitate the school adaptation of foreign nationals’ children and to ensure substantive educational opportunities, by excluding domestic-law faculty provisions in recognition that foreign schools have educational systems and content suited to each country’s particular characteristics.”

5. Provisions Applicable to Foreign Schools

A. Application of the Private School Act

Article 60-2(1) of the Elementary and Secondary Education Act does not exclude the application mutatis mutandis of Article 29 of the Private School Act. Accordingly, where a private school operator who operates a private foreign school transfers or lends income belonging to the school expense accounting to another account, that operator is subject to punishment (Supreme Court, Judgment of Mar. 15, 2017, 2014Do12773). In such a case, the mere facts that the defendant, as a foreign national, was not proficient in Korean, or that the loan of funds was reported to the school operating committee, are insufficient to establish a justifiable reason for lack of awareness of unlawfulness (Supreme Court, Judgment of Mar. 15, 2017, 2014Do12773).

B. Application of the Financial and Accounting Rules for Private School Institutions

A foreign school is a private school under Article 2(1) of the Private School Act and a school operated by a private school operator, and the Financial and Accounting Rules for Private School Institutions apply to it (Suwon District Court, Judgment of Aug. 22, 2024, 2023Guhap67102).

6. Integrated Operation and Recognition of Academic Credentials

A foreign school may operate the kindergarten, elementary school, middle school, and high school courses on an integrated basis (Elementary and Secondary Education Act, Article 60-2(2)). The establishment standards, curriculum, duration of study, recognition of academic credentials, and other matters necessary for the establishment and operation of foreign schools are prescribed by Presidential Decree (Elementary and Secondary Education Act, Article 60-2(3)).

7. Distinction from “Operation in De Facto School Form”

Foreign schools are granted considerable autonomy in their establishment and operation; given their nature of educating the children of foreign nationals or of Korean nationals who have resided abroad for a certain period and returned, they are operated similarly to schools in the United States and other foreign countries. Accordingly, even where a facility is operated in imitation of a U.S. school, it may be regarded as having been operated in the de facto form of a foreign school or other school (Seoul Central District Court, Judgment of Feb. 10, 2023, 2021No3344). Therefore, where a facility is operated in the form of a foreign school without establishment authorization, a violation of Article 67(2)(1) of the Elementary and Secondary Education Act is established.

8. ‘Foreign Schools’ Located in Jeju – Key Difference from Ordinary Foreign Schools

A. The Rule in Ordinary Regions

In ordinary regions, to be admitted to a foreign school, one of the parents must be a foreign national, or the child must have resided abroad for a total of at least 3 years. In addition, Korean nationals are limited to no more than 30 percent of the foreign school’s student quota.

B. The Jeju Special Provision — Relaxation of Restrictions on Korean National Admission

The Jeju Special Act provides a special provision relaxing the restrictions on the admission of Korean nationals to foreign schools within Jeju. That is, Korean nationals who have resided abroad for less than 3 years may also be admitted to foreign schools within Jeju.

The court has expressly confirmed this point:

“Our law, with the exception of free economic zones and Jeju Special Self-Governing Province, permits admission to foreign schools only for the children of foreign nationals and for Korean nationals who have resided abroad for a certain period, leaving room for an imbalance between demand and supply.”

(Incheon District Court, Judgment of July 12, 2013, 2013No881)

This reflects the fact that Jeju, as a free international city, holds a special status, and that regulations relating to foreign schools have been relaxed to attract foreign nationals and promote internationalization (Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of a Free International City, Article 1).

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