The Korean E-9 (Non-Professional Employment) Visa
I. The Big Picture
1. Overview of the E-9 Visa
The E-9 (Non-Professional Employment) visa is a status of stay granted to foreign nationals who enter Korea and wish to engage in employment activities through the Employment Permit System (EPS) under the Act on the Employment of Foreign Workers (hereinafter the “Foreign Worker Employment Act”) (Immigration Act, Article 10). It is primarily used in fields where it is difficult to meet labor demand with domestic workers, such as manufacturing, construction, agriculture and livestock, and fisheries.
2. Specific Entry Requirements
A. Completion of the Employment Permit System (EPS) Procedure
The E-9 visa is not applied for at the individual’s discretion; rather, the employer (user) must obtain an employment permit through the Employment Permit System. The procedure is as follows.
1) Employer-Side Procedure
- Prior efforts to recruit domestic workers (filing a domestic job opening with an employment security agency and allowing a certain period to elapse)
- Issuance of an employment permit from the Ministry of Employment and Labor
- Conclusion of a standard employment contract with the foreign worker
2) Foreign Worker-Side Procedure
- Passing the Korean language test (EPS-TOPIK) through the sending country’s government agency
- Registering as a job seeker and being listed on the job-seeker roster at the sending country’s government agency
- Passing a medical examination
- Applying for the E-9 visa after concluding an employment contract with the employer
B. Status-of-Stay Requirement
Under Item 25-3 of the foreign nationals’ statuses of stay in Annex 2 of the Enforcement Decree of the Immigration Act, E-9 (Non-Professional Employment) status is granted to persons who meet the domestic employment requirements under the Foreign Worker Employment Act (Seoul Administrative Court, Judgment of July 7, 2017, 2017Gudan57960; Seoul Administrative Court, Judgment of Oct. 19, 2018, 2018Gudan14533).
3. Required Documents
A. Key Documents for Visa Issuance Application (Foreign Worker)
| Category | Documents |
|---|---|
| Identity | Passport; photograph |
| Employment | Copy of employment permit; copy of standard employment contract |
| Health | Medical examination results |
| Qualification | Korean language test (EPS-TOPIK) pass certificate |
| Other | Visa application form; criminal background check, etc. |
Caution: Documents must be genuine. Submitting false documents may result in criminal punishment for obstruction of official duties by deception and for violation of the Immigration Act (Suwon District Court Pyeongtaek Branch, Judgment of Oct. 18, 2019, 2018Godan2144; Changwon District Court, Judgment of June 10, 2021, 2021Godan1121).
4. Employment Activity Period and Period of Stay
A. Basic Employment Activity Period
A foreign worker may engage in employment activities for up to 3 years from the date of entry (Act on the Employment of Foreign Workers, Article 18).
B. Special Provision for Extension of the Employment Activity Period
Where the following requirements are met, the employment activity period may be extended once for a period of less than 2 years (Act on the Employment of Foreign Workers, Article 18-2(1)).
- A foreign worker employed by an employer who has obtained an employment permit, where the employer requests re-employment permission from the Minister of Employment and Labor before the worker’s 3-year employment activity period expires and they depart
- As a result, a maximum stay of 4 years and 10 months is possible
1) Documents Required for Extension
- Confirmation of extension of employment activity period for those whose employment period has expired
- Employment permit
- Employment contract, etc.
Case law: To obtain an extension of stay, a foreign national who entered on E-9 (Non-Professional Employment) status must meet the domestic employment requirements prescribed by the Foreign Worker Employment Act; after the period of stay has expired, the extension is denied if the worker is unable to submit the above documents (Incheon District Court, Judgment of May 4, 2021, 2020Gudan3288; Seoul High Court, Judgment of Nov. 26, 2021, 2021Nu44656).
C. Extension in Special Circumstances Such as Infectious Disease
Where it is recognized that the entry and departure of foreign workers is difficult due to reasons such as the spread of an infectious disease or a natural disaster, the employment activity period may be additionally extended for up to 1 year, following deliberation and resolution by the Policy Committee (Act on the Employment of Foreign Workers, Article 18-2(2)).
5. Key Cases
A. Denial of Extension of Stay
1) No Extension Possible After the 4-Year-10-Month Maximum Expires
Where the maximum period of stay for E-9 (Non-Professional Employment) status — 4 years and 10 months — has expired, further extension of stay is no longer possible. The court emphasized that immigration administration is a state administrative function for promoting national interests and security and must be strictly managed (Cheongju District Court, Judgment of June 29, 2017, 2017Guhap1228; Suwon District Court, Judgment of Apr. 21, 2017, 2016Gudan3424).
2) Denial Where Applied for After the Period of Stay Expired
Where the plaintiff was unable to submit the required documents — such as the confirmation of extension of employment activity period for those whose employment period has expired, the employment permit, and the employment contract — when the E-9 period of stay had already expired, the extension of stay was denied (Incheon District Court, Judgment of May 4, 2021, 2020Gudan3288).
B. The Problem of Abuse of Refugee Applications When the Period of Stay Is About to Expire
There have been numerous cases in which, once the E-9 period of stay had expired and further extension became impossible, applicants filed refugee recognition applications for the purpose of extending their stay; the courts regarded this as an abuse of the refugee recognition system and held that the denial of refugee recognition was lawful (Seoul Administrative Court, Judgment of July 7, 2017, 2017Gudan57960; Seoul Administrative Court, Judgment of Oct. 19, 2018, 2018Gudan14533; Incheon District Court, Judgment of Apr. 26, 2018, 2017Guhap54573).
C. Change to Skilled Worker Points System (E-7-4) Visa
There are cases in which a foreign national who has worked for a certain period on an E-9 visa attempts to change status to a skilled worker points system (E-7-4) visa. In such cases, the applicant must have engaged in normal employment activities for at least 5 years within the past 10 years on E-9 or similar status, and must obtain a certain minimum score under the points-acquisition requirements prescribed by the Ministry of Justice (Daejeon District Court Cheonan Branch, Judgment of June 20, 2018, 2017Gadan103579).
- Proof of the income requirement is based on objective materials such as an income amount certificate issued by the head of the tax office; documents lacking external public credibility, such as an earned income withholding ledger, may not be accepted on their own (Changwon District Court, Judgment of July 17, 2019, 2019Gudan10031).
- Where the points fall short, the change of status is denied (Suwon District Court, Judgment of June 23, 2021, 2020Gudan2039).
D. Criminal Punishment for Brokering Illegal Employment
Brokering the employment of foreign nationals who entered on statuses that do not permit employment activities (e.g., language training D-4-1, medical tourism C-3-3) is punishable as a violation of the Immigration Act (Gwangju District Court Suncheon Branch, Judgment of June 16, 2021, 2019Gojeong92). For the E-9 visa as well, employment activities outside the permitted industry are unlawful.
6. Obligations After Obtaining the Visa
A. Employment Permitted Only at the Authorized Workplace and Industry
The E-9 visa permits employment activities only at the workplace and in the industry recorded on the employment permit. Working at another workplace without authorization or engaging in an unauthorized industry constitutes a violation of the Immigration Act (Immigration Act, Article 18(1)).
B. Compliance with Procedures When Changing Workplaces
Where a change of workplace is necessary, an application for change of workplace must be filed with the head of the employment security agency under Article 25 of the Foreign Worker Employment Act, and a new workplace must be found within the job-seeking period (typically 3 months) (Seoul High Court, Judgment of Nov. 26, 2021, 2021Nu44656).
C. Applying for Extension Before the Period of Stay Expires
Extensions of stay must be applied for before the period of stay expires; applications filed after expiry are likely to be denied. In addition, the documents required for extension (such as the confirmation of extension of employment activity period for those whose employment period has expired) must be issued upon the employer’s request for re-employment permission to the Ministry of Employment and Labor before the 3-year employment activity period expires (Act on the Employment of Foreign Workers, Article 18-2(1); Incheon District Court, Judgment of May 4, 2021, 2020Gudan3288).
D. Obligation to Report Change of Residence
Where the place of residence changes, a move-in report must be filed within 15 days (Immigration Act, Article 36(1)). Violation may result in a penalty notice (Suwon District Court, Judgment of June 23, 2021, 2020Gudan2039).
E. Disadvantages of Illegal Stay
Where there is a history of illegal stay, the applicant may suffer disadvantages when subsequently applying for a change of status. For example, in a case where an applicant applied for a change to spouse-of-a-Korean-national (F-6-1) status after more than 7 years of illegal stay, the court held that the disposition did not constitute a deviation from or abuse of discretion (Daegu High Court, Judgment of Aug. 5, 2016, 2016Nu4547).
F. Protection of Worker Rights
E-9 foreign workers are protected by the Labor Standards Act, the Minimum Wage Act, and similar laws on the same basis as domestic workers. Where an employer fails to pay wages, the employer may be subject to criminal punishment under Article 109(1) and Article 36 of the Labor Standards Act (Suwon District Court Seongnam Branch, Judgment of July 8, 2021, 2021Godan982). In addition, departure guarantee insurance proceeds have the character of severance pay, and foreign workers also have the right to receive them (Constitutional Court, Decision of Mar. 31, 2016, 2014Heonma367).
7. Summary
| Item | Content |
|---|---|
| Basic employment activity period | 3 years from date of entry |
| Maximum period of stay | 4 years and 10 months (with one extension) |
| Extension requirements | Employer’s request for re-employment permission + preparation of required documents |
| When to apply for extension | Before the period of stay expires |
| Workplace change | Apply through the employment security agency; find a job within the job-seeking period |
| Employment outside authorization | Immigration Act violation (criminal punishment) |
| Extension of stay after maximum expiry | In principle not possible |
| Transition to skilled visa (E-7-4) | Possible with 5+ years of employment + meeting the points requirements |
II. Legal Options When the E-9 Visa Workplace Change Limit Is Reached, and the Possibility of Transition to E-7-4
1. Legal Structure of the Limit on the Number of Workplace Changes
A. The General Limit
A foreign worker’s workplace changes may not in principle exceed 3 during the basic employment activity period (3 years), and may not exceed 2 during the extended period (up to 1 year and 10 months) (Act on the Employment of Foreign Workers, Article 25(4)).
B. Exceptions to Counting Toward the Limit
However, where a workplace is changed for a reason under Article 25(1)(2) (a reason attributable to the employer) — that is, for a reason not attributable to the foreign worker, such as temporary closure, permanent closure, revocation of the employment permit, employment restriction, violation of dormitory standards, or the employer’s violation of working conditions or unfair treatment — the change is not counted toward the limit (Act on the Employment of Foreign Workers, Article 25(4), proviso).
Key practical point: Accordingly, even where the limit of 3 has been reached, a further change is possible if the subsequent reason for the workplace change falls within a reason attributable to the employer (Article 25(1)(2)). There is a case holding that where the employment permit was revoked, the change is not counted toward the number of workplace change applications (Seoul High Court, Judgment of Aug. 19, 2022, 2021Nu76738).
C. Additional Grounds for Permitted Change Under Presidential Decree
The Constitutional Court held on this point:
“Considering that this Enforcement Decree provision sets out the grounds for an additional workplace change so as to cover almost all cases where a workplace change is possible for reasons not arising from the foreign worker’s own volition; the need for a period of linguistic and cultural adaptation for foreign workers; and the need for systematic management of foreign workers for national security and the maintenance of order, this Enforcement Decree provision cannot be regarded as markedly arbitrary without reasonable justification, and does not infringe the petitioners’ freedom to choose their workplace.” (Constitutional Court, Decision of Sept. 29, 2011, 2007Heonma1083, 2009Heonma230, 352 (consolidated))
2. Legal Effect Where an Additional Change Is Not Possible After Reaching the Limit
A. Obligation to Depart Arises
Where all 3 permitted changes have been exhausted and there is no ground for an additional change, an obligation to depart arises, because a workplace change application cannot be filed within 1 month once the current employment contract terminates (Act on the Employment of Foreign Workers, Article 25(3)).
B. Constitutional Court’s Finding of Constitutionality
The Constitutional Court has consistently held that this limit on the number of changes does not infringe the foreign worker’s freedom to choose their workplace.
“This statutory provision was introduced to protect the employment opportunities of domestic workers by restricting indiscriminate workplace movement by foreign workers, and to facilitate the manpower supply of small and medium-sized enterprises through efficient employment management of foreign workers, thereby achieving balanced development of the national economy. … This statutory provision cannot be said to be clearly unreasonable as exceeding the legislator’s discretion.” (Constitutional Court, Decision of Sept. 29, 2011, 2007Heonma1083, 2009Heonma230, 352 (consolidated))
3. Possibility of Transition to the E-7-4 (Skilled Worker Points System) Visa
A. Significance of E-7-4 Transition
A change to E-7-4 status frees the worker from regulations such as the E-9 limit on the number of workplace changes and the restrictions on the job-seeking period, allowing more flexible employment activities. It can therefore be the most realistic alternative for E-9 foreign workers who have reached the workplace change limit.
B. E-7-4 Transition Requirements
The key requirements for E-7-4 transition, as recognized by the courts, are as follows.
1) Period of Stay Requirement
The applicant must have engaged in normal employment activities in Korea for at least 5 years within the past 10 years on E-9, E-10, or H-2 status (Daegu District Court, Judgment of Feb. 11, 2022, 2021Gudan11734; Incheon District Court, Judgment of Apr. 2, 2021, 2020Gudan4069; Uijeongbu District Court, Judgment of Oct. 30, 2024, 2024Gudan5177).
Caution: Under the 2024 selection plan, there are cases in which the requirement was relaxed to a currently registered foreign national who has stayed on E-9 status for at least 4 years within the past 10 years and is currently working normally at their place of employment (Seoul Administrative Court, Judgment of Jan. 22, 2025, 2024Gudan69619; Seoul Administrative Court, Judgment of Dec. 17, 2024, 2024Gudan75454). However, this varies by annual selection plan, so the relevant year’s notice must be verified.
2) Points Requirement
The applicant must obtain a certain minimum score under the assessment items published by the Ministry of Justice. Typically, one of the following two thresholds must be met.
| Type | Requirement |
|---|---|
| Type 1 | Industrial contribution value annual income score of at least 10 points + total score of at least 52 points |
| Type 2 | Future contribution value score of at least 35 points + total score of at least 72 points |
(Uijeongbu District Court, Judgment of Oct. 30, 2024, 2024Gudan5177; Daejeon District Court, Judgment of June 20, 2024, 2023Gudan203285)
3) Currently Working Normally at the Place of Employment
When applying for E-7-4 transition, the applicant must be working normally at their current place of employment.
4) No Disqualifying Grounds
The following cases are excluded from E-7-4 transition.
- History of Immigration Act violations: 5-point deduction for 1 violation, 10-point deduction for 2 or more, 50-point deduction for 3 or more (Suwon District Court, Judgment of Oct. 26, 2022, 2021Gudan16066)
- Other domestic statute violations: deductions on the same basis
- Where a fine of KRW 1 million or more has been imposed: subject to exclusion from selection (Seoul Administrative Court, Judgment of Oct. 16, 2024, 2024Gudan9914)
- Where a suspension of prosecution has been received for violation of the Act on the Control of Narcotics: subject to exclusion from selection (Seoul Administrative Court, Judgment of Dec. 17, 2024, 2024Gudan75454)
C. Practical Limits of E-7-4 Transition
1) Limit on the Number Selected
E-7-4 has a limited annual selection quota, so meeting the basic requirements does not guarantee approval. Selection is made in descending order of score, and among applicants with the same score, those with a record of statutory violations are excluded first (Gwangju District Court, Judgment of Dec. 24, 2020, 2020Guhap12377; Seoul Administrative Court, Judgment of Oct. 16, 2024, 2024Gudan9914).
2) Method of Proving Income
Proof of the income requirement is based on materials with public evidentiary force, such as an income amount certificate issued by the head of the tax office; documents lacking external public credibility may not be accepted on their own.
4. Comprehensive Summary — Comparison of Legal Options
| Option | Requirements | Practicality |
|---|---|---|
| Additional change due to employer fault | Occurrence of a reason under Article 25(1)(2) | Possible when the reason arises; not counted toward the limit |
| Unavoidable reason under Presidential Decree | A reason not arising from the foreign worker’s own volition | Recognized on a limited basis |
| E-7-4 transition | 4–5 years or more of employment + meeting the points requirements | The most realistic alternative, but highly competitive |
| Re-entry after departure | Meeting the requirements for a new E-9 visa issuance | Possible but time-consuming |
Conclusion: For E-9 foreign workers who have exhausted the limit of 3 workplace changes, E-7-4 transition is the most realistic alternative for long-term stay. However, because there are various variables such as the selection quota, the points requirements, and any record of statutory violations, it is important to prepare well in advance of the period of stay expiring. Where a reason attributable to the employer has arisen, actively utilizing the exception to counting toward the limit may also be considered (Constitutional Court, Decision of Sept. 29, 2011, 2007Heonma1083, 2009Heonma230, 352 (consolidated)).
III. Industrial Accident Compensation Insurance Benefits and Extension of Stay for E-9 Foreign Workers Who Suffer Industrial Accidents
1. Eligibility to Receive Industrial Accident Compensation Insurance Benefits
A. The Rule: Foreign Workers Are Also Covered by Industrial Accident Insurance
Where an industrial accident occurs while working on an E-9 visa, the foreign worker may receive insurance benefits under the Industrial Accident Compensation Insurance Act on the same basis as a domestic worker.
Absent any special provision excluding foreign workers from the application of the Industrial Accident Compensation Insurance Act, even where the injured party is a foreign national, that person may receive medical care benefits under the Act in the same way as a Korean national if they qualify as a worker under the Labor Standards Act (Seoul High Court, Judgment of Nov. 26, 1993, 93Gu16774).
This is a legal principle confirmed by the Supreme Court as well: even where a foreign national entered on an industrial trainee status rather than an employment status and was injured while providing labor at a workplace covered by industrial accident insurance, the employment contract cannot be deemed automatically void merely because they did not hold employment qualification under the Immigration Act; as a person who provided labor in a relationship of subordination and received wages, they were a worker under the Labor Standards Act and therefore fall within the scope of those eligible to receive medical care benefits under the Industrial Accident Compensation Insurance Act (Supreme Court, Judgment of Sept. 15, 1995, 94Nu12067).
B. Applies Even to Illegal Residents
Furthermore, even an illegally staying foreign worker without employment qualification under the Immigration Act qualifies as a worker under the Labor Standards Act if they are providing labor under an employment contract, and the Industrial Accident Compensation Insurance Act therefore applies.
This applies even more clearly to E-9 visa holders. Because the E-9 visa is a lawful employment qualification, there is no obstacle whatsoever to a foreign worker receiving industrial accident insurance benefits where they suffer an accident while working at a covered workplace.
C. Irrelevance of the Employer’s Non-Payment of Premiums
As long as the business or workplace is one to which the Industrial Accident Compensation Insurance Act applies automatically, the fact that the employer neglected to file the report establishing the insurance relationship before the accident, or neglected to pay industrial accident insurance premiums, does not in any way impede a worker employed there who suffers a work-related accident from applying to the Korea Workers’ Compensation and Welfare Service for medical care benefits.
D. Types of Insurance Benefits Available
Under Article 36(1) of the Industrial Accident Compensation Insurance Act, the types of insurance benefits available are as follows (Industrial Accident Compensation Insurance Act, Article 36(1)).
| Benefit Type | Content |
|---|---|
| Medical care benefit | Full medical treatment costs |
| Temporary disability benefit | Compensation for wages during the period unable to work due to medical care |
| Disability benefit | Where disability remains after recovery |
| Nursing benefit | Where nursing care is needed after recovery |
| Survivors’ benefit | Paid to surviving family in case of death |
| Injury-disease compensation pension | Where in a severe medical care state during medical care lasting 2 years or more |
| Funeral expenses | Funeral costs in case of death |
| Vocational rehabilitation benefit | Support for return to work |
The “period unable to work due to medical care” means the period during which the worker was unable to receive wages because they could not provide labor while undergoing medical care for a work-related injury; it therefore includes not only the period of treatment at a medical institution but also the period during which the worker was unable to receive wages because they could not actually work while recuperating at home (Supreme Court, Judgment of June 27, 1989, 88Nu2205).
E. Special Provision for Lump-Sum Payment of Benefits Before Departure
Where a worker who is not a Korean national applies for a lump-sum payment of insurance benefits in order to depart before recovery while undergoing medical care for a work-related injury or disease, they may receive in a lump sum the insurance benefits expected to accrue after the date medical care is discontinued for departure (Industrial Accident Compensation Insurance Act, Article 76(1)). In this case, medical care benefits, temporary disability benefits, lump-sum disability compensation, and the like may be received at once (Industrial Accident Compensation Insurance Act, Article 76(2)).
2. Whether Extension of Stay Is Possible During the Treatment Period
A. Legal Basis for Change and Extension of Status of Stay
An E-9 foreign worker who has suffered an industrial accident may obtain a change of status to Other (G-1-1) status (“a person undergoing an industrial accident claim and treatment, and their family”) and stay during the treatment period (Gwangju District Court, Judgment of June 20, 2024, 2023Guhap15759; Incheon District Court, Judgment of May 17, 2024, 2024Gudan348).
A foreign national may stay in Korea within the scope of their period of stay (Immigration Act, Article 17), and to continue staying beyond the period of stay, must obtain an extension permit before the period expires (Immigration Act, Article 25(1)).
B. Legal Nature of the Extension Permit — A Discretionary Act
An extension permit is a constitutive administrative disposition that grants the applicant authority to stay in Korea additionally beyond the previously recognized period of stay, and the authorizing authority has 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 (Gwangju District Court, Judgment of June 20, 2024, 2023Guhap15759; Suwon District Court, Judgment of Feb. 12, 2025, 2024Gudan2211).
C. Principle of Separation Between the Purposes of the Immigration Act and the Industrial Accident Insurance Act
Courts have consistently held as follows:
“The legislative purpose of the Immigration Act — the basis for this disposition — lies in safe border management through the immigration control of foreign nationals entering or departing Korea, and in the stay management and social integration of foreign nationals staying in Korea; whereas the legislative purpose of the Industrial Accident Compensation Insurance Act, which the plaintiff cites as the basis for the necessity of staying in Korea, lies in the prompt and fair compensation of workers’ work-related accidents, the rehabilitation and social return of injured workers, and the protection of workers through accident prevention — their legislative intent and purpose differ.” (Seoul Administrative Court, Judgment of Apr. 23, 2021, 2020Gudan13205; Seoul High Court, Judgment of Oct. 19, 2017, 2017Nu57341; Incheon District Court, Judgment of Apr. 24, 2020, 2019Gudan1125)
Accordingly, even where a determination of preventive management of complications and the like has been made under the Industrial Accident Insurance Act, the immigration authorities are not necessarily obligated to grant an extension of stay accordingly (Seoul Administrative Court, Judgment of Apr. 23, 2021, 2020Gudan13205; Uijeongbu District Court, Judgment of Nov. 15, 2021, 2021Gudan874).
D. Whether Extension of Stay Is Possible at Each Stage
1) During Medical Care — Extension Possible
Where the medical care and compensation procedures are ongoing, or treatment of after-effect symptoms is ongoing, an extension of stay is granted on G-1-1 status. According to the Korea Immigration Service’s “Foreigner Stay Guide Manual,” the persons eligible for extension of stay on Other (G-1-1) status are prescribed as: (i) persons undergoing medical care/compensation procedures, and (ii) persons undergoing treatment of after-effect symptoms (Suwon District Court, Judgment of Feb. 12, 2025, 2024Gudan2211).
In one actual case, a foreign national who entered on an E-9 visa changed to G-1-1 status after an industrial accident and received extensions of stay on 11 or more occasions (Gwangju District Court, Judgment of June 20, 2024, 2023Guhap15759).
2) Preventive Management of Complications Stage — In Principle, Extension Denied
At the stage of preventive management of complications and the like after the industrial injury or disease has been cured, extension of stay is in principle denied. The reasons are as follows.
- Preventive management measures for complications and the like are merely consultations, examinations, medications, treatments, physical therapy, and the like aimed at preventing recurrence or complications in advance or detecting them early after the injury or disease has been cured, and do not fall within the domain requiring specialized or highly advanced medical technology (Uijeongbu District Court, Judgment of Nov. 15, 2021, 2021Gudan874; Seoul Administrative Court, Judgment of Apr. 23, 2021, 2020Gudan13205).
- Article 76 of the Industrial Accident Insurance Act provides that a foreign worker may receive insurance benefits in a lump sum where they depart during medical care, but does not separately provide a similar right with respect to preventive management of complications and the like after the date of cure (Seoul High Court, Judgment of Oct. 19, 2017, 2017Nu57341).
3) Cases Where Extension Was Exceptionally Granted
However, there are cases in which extension was exceptionally granted depending on the specific circumstances. In a case involving a foreign worker who was left with residual disability from an industrial accident and received a determination of preventive management of complications, the court held that a disposition denying even a short-term extension application — where the worker was not seeking to engage in illegal employment but simply to receive preventive management of complications and the like — violated the principle of proportionality (Suwon District Court, Judgment of June 9, 2017, 2017Gudan6215).
4) Where 2 Years Have Elapsed After Completion of Treatment and Compensation — Extension Denied
Where 2 years have elapsed after the completion of the treatment and compensation procedures, extension of stay is denied on the ground that the requirements for extension of G-1 status are not met (Incheon District Court, Judgment of Apr. 24, 2020, 2019Gudan1125).
5) Where the Accident Occurred During Illegal Stay — Tendency Toward Denial
Where an industrial accident occurred during illegal employment in a state of illegal stay, there is a strong tendency to deny extension of stay. In one actual case involving a worker who suffered an industrial accident while illegally employed and staying illegally after the expiry date, the court held that the denial of extension was lawful (Suwon District Court, Judgment of Feb. 12, 2025, 2024Gudan2211).
3. Summary of Practical Considerations
| Situation | Industrial Accident Insurance Benefits | Extension of Stay |
|---|---|---|
| Accident during lawful E-9 employment | Available | Possible after changing to G-1-1 during medical care |
| Accident during illegal stay | Available (regardless of employment qualification) | Tendency toward denial |
| Preventive management of complications after medical care concludes | Not applicable | In principle denied; exceptional grant possible |
| 2 years elapsed after completion of treatment/compensation | Not applicable | Denied |
| Lump-sum payment application before departure | Lump-sum payment available | — |
Key conclusion: E-9 foreign workers may receive industrial accident insurance benefits on the same basis as Korean nationals when an accident occurs. As for extension of stay, extension is possible on G-1-1 status while the medical care and compensation procedures are ongoing, but is in principle denied at the preventive management stage after cure, and is determined at the discretion of the immigration authorities. It is therefore practically important to review the question of extension of stay before medical care concludes, and where necessary, to utilize the lump-sum benefit payment system.
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