The Issue of Illegal Employment by International Students (D-2 / D-4 Visa Holders) in South Korea
1. Legal Structure of D-2 and D-4 Status of Stay and Employment Activities
Neither the Study Abroad (D-2) nor the General Training (D-4) status of stay falls within the “statuses of stay that permit employment activities” prescribed in Article 23(1) of the Enforcement Decree of the Immigration Act (Enforcement Decree of the Immigration Act, Article 23(1)). Accordingly, for a holder of D-2 or D-4 status to engage in employment activities in Korea, he or she must, in principle, obtain in advance the Minister of Justice’s permission to engage in activities not covered by his or her status of stay (part-time work permission) under Article 20 of the Immigration Act (Immigration Act, Article 20).
The Ministry of Justice’s “Integrated Guidelines on Visa Issuance and Stay Management for International Students” give concrete form to this rule: they prohibit profit-making and employment activities by D-2 and D-4 students in principle, while exceptionally allowing part-time work only where the student has obtained confirmation from his or her university and permission from the competent immigration office. However, delivery-rider work, construction, manufacturing (Non-professional Employment (E-9) sectors) and the like are not permitted even as part-time work.
The legal position of the two statuses of stay with respect to employment compares as follows.
| Category | Study Abroad (D-2) | General Training (D-4) |
|---|---|---|
| Eligible persons | Students enrolled in regular degree programs at junior colleges or higher | Non-degree trainees, such as language trainees |
| Employment activities in principle | Prohibited | Prohibited |
| Part-time work permission | Available (if the permission requirements are met) | Available (if the permission requirements are met) |
| Prohibited sectors | Delivery, construction, manufacturing, etc. | Same |
| Governing provision | Enforcement Decree of the Immigration Act, Article 23(1) | Same |
2. Key Legal Issues
A. Criminal Penalties for Unauthorized Employment
A D-2 or D-4 student who engages in employment activities without permission may be punished by imprisonment with labor for up to three years or a fine of up to KRW 30 million under Article 94, subparagraph 8 of the Immigration Act (Immigration Act, Article 94, subparagraph 8). A person who engages in activities falling under a different status of stay without obtaining permission to engage in activities not covered by his or her status of stay is likewise punished under subparagraph 12 of the same Article (Immigration Act, Article 94, subparagraph 12).
B. Departure Orders and Deportation for Illegal Employment
A foreign national who has engaged in employment activities without having obtained a status of stay that permits employment activities is subject to deportation under Article 46(1), subparagraph 8 of the Immigration Act (Immigration Act, Article 46(1), subparagraph 8). Where a foreign national falling under this provision expresses an intention to depart voluntarily, the head of a Regional Immigration Service may issue a departure order, which is lighter than deportation (Immigration Act, Article 68(1), subparagraph 1).
The courts have consistently held that departure orders issued against D-2 and D-4 students for illegal employment do not constitute a deviation from or abuse of discretion.
- D-4 status + unauthorized employment: The court held lawful a departure order issued against a plaintiff who had engaged in employment activities at a mobile phone store while staying on General Training (D-4-1) status. The court also took into account that the plaintiff had been insincere even as to the purpose of language training, with an attendance rate of only 66% and an F grade in the performance assessment (Suwon District Court Decision 2019Gudan8444, decided June 19, 2020).
- D-2 status + long-term illegal employment: The court held lawful a departure order issued against a plaintiff who had engaged in illegal employment activities at a restaurant for approximately one year and ten months on Study Abroad (D-2) status. The court gave significant weight to the fact that the plaintiff had violated the relevant regulations despite being aware of them through previous experience with part-time work permission (Jeonju District Court Decision 2023Guhap12146, decided July 11, 2024).
- D-2 status + concealment of illegal employment: The court held lawful a departure order issued against a plaintiff who had engaged in illegal employment on Study Abroad (D-2-1) status and concealed it during the investigation. The court held that, in view of the plaintiff’s prior record of illegal employment and the attempted concealment, the degree of the breach of obligation was not minor (Gwangju District Court Decision 2025Guhap30490, decided December 4, 2025).
C. Denial of Extension of Period of Stay and Change of Status of Stay
Permission to extend the period of stay and permission to change status of stay are both rights-conferring dispositions, for which the permitting authority is accorded broad discretion. Even where the applicant satisfies the requirements prescribed by the relevant statutes and regulations, the authority may decide whether to grant permission taking into account the applicant’s eligibility, the purpose of stay, the impact on the public interest, and other factors (Supreme Court Decision 2015Du48846, decided July 14, 2016).
The effect of a history of illegal employment on stay-related permissions, organized by decision, is as follows.
| Status of stay | Illegal employment history | Outcome | Decision |
|---|---|---|---|
| Application to change from D-2 to D-4-1 | Illegal employment on two occasions; penalty of KRW 1.4 million | Denial of change lawful | Uijeongbu District Court Decision 2021Gudan416, decided September 6, 2021 |
| Application to change from D-4-1 to D-2-1 | Unauthorized employment + attendance rate of 66% | Denial of change + departure order lawful | Suwon District Court Decision 2019Gudan8444, decided June 19, 2020 |
| Application to extend D-10 period of stay | Penalty of KRW 400,000 or more for illegal employment | Denial of extension lawful | Daejeon District Court Decision 2021Gudan101880, decided November 18, 2021 |
| Application to extend D-4 period of stay | Unclear financial capacity | Denial of extension lawful | Seoul Administrative Court Decision 2016Gudan62163, decided June 28, 2017 |
In particular, the Ministry of Justice’s “Guidelines on Visa Issuance and Stay Management for Job Seeking (D-10)” provide that extension of the period of stay under, and applications to change status of stay to, Job Seeking (D-10) status are to be restricted where the applicant has, within the past five years, received a criminal fine (벌금), penalty (범칙금) or administrative fine (과태료) of KRW 400,000 or more for an employment-related violation of immigration laws and regulations, such as illegal employment, a violation concerning activities not covered by status of stay, or a violation of part-time work rules; and the court held that this standard cannot be regarded as manifestly unreasonable (Daejeon District Court Decision 2021Gudan101880, decided November 18, 2021).
D. The Financial Capacity Requirement and the Treatment of Income from Illegal Employment
Proof of financial capacity is a core requirement in the review of extensions of the period of stay and changes of status for D-2 and D-4 status. The courts have made clear that the purpose of requiring the submission of documents proving financial capacity is to prevent illegal employment (Uijeongbu District Court Decision 2021Gudan416, decided September 6, 2021).
In this connection, a court has held that income obtained through illegal employment must be excluded from the assessment of financial capacity. That is, amounts suspected of being income from illegal employment cannot be accepted as evidence of financial capacity (Seoul Administrative Court Decision 2018Gudan54340, decided January 30, 2019). In addition, an extension of the period of stay may be denied where the genuineness of the applicant’s financial capacity is in doubt, such as where the relevant amount is withdrawn immediately after a bank balance certificate is issued, or where funds of unknown origin are deposited and then immediately withdrawn (Uijeongbu District Court Decision 2021Gudan416, decided September 6, 2021; Seoul Administrative Court Decision 2016Gudan61696, decided January 12, 2017).
E. Sanctions for Arranging Illegal Employment and for Employing
Arranging or soliciting the illegal employment of international students is prohibited by Article 18(4) of the Immigration Act, and a person who does so as a business is punished by imprisonment with labor for up to three years or a fine of up to KRW 30 million under Article 94, subparagraph 10 (Immigration Act, Article 18(4) and Article 94, subparagraph 10). A business owner who employs an international student is likewise punished under Article 18(3) and Article 94, subparagraph 9 of the Immigration Act (Immigration Act, Article 18(3) and Article 94, subparagraph 9).
F. Limits of Claims Based on the Principle of Protection of Legitimate Expectations
Some international students claim that they took up employment in reliance on a notice posted on the official website of the Korea Immigration Service of the Ministry of Justice to the effect that “part-time work is permitted for 20 hours per week, and without limit during vacations, upon the recommendation of an academic advisor.” However, a court held that because that post presupposes applying with a part-time work recommendation letter and obtaining permission, taking up employment without permission does not constitute reliance worthy of protection (Suwon District Court Decision 2024Gudan12492, decided January 21, 2025).
3. Key Points to Note from the Perspective of D-2 and D-4 Students
A. Part-Time Work Permission Must Be Obtained in Advance
Under both D-2 and D-4 status, a student must, before taking up employment, obtain confirmation from his or her university and then permission to engage in activities not covered by status of stay (part-time work permission) from the competent immigration office.
B. Compliance with Permitted Sectors and Hours
Even where part-time work has been permitted, the permitted sector and range of hours must be strictly observed. The delivery-rider work at issue in the article is not a permitted sector, and part-time work is also restricted in construction and manufacturing. Working in excess of the permitted hours is likewise a ground for denying an extension of the period of stay.
C. Long-Term Disadvantages of an Illegal Employment Record
A record of having received a penalty (범칙금) disposition for illegal employment operates as a serious adverse factor in subsequent reviews of extensions of the period of stay and changes of status of stay (in particular, changes to a job-seeking or employment visa). In particular, because a record of a penalty, criminal fine or administrative fine of KRW 400,000 or more restricts a change to Job Seeking (D-10) status for five years, international students with a long-term plan to switch to an employment visa after graduation should take particular note that a record of illegal employment while enrolled can block their entire future stay pathway (Daejeon District Court Decision 2021Gudan101880, decided November 18, 2021).
D. Genuineness of Proof of Financial Capacity
The bank balance certificate submitted when applying for an extension of the period of stay or a change of status must reflect actual financial capacity. Patterns such as withdrawing the amount immediately after the balance certificate is issued, or funds of unknown origin being deposited and then immediately withdrawn, are a principal cause of doubts about the genuineness of financial capacity. In addition, income from illegal employment cannot be accepted as evidence of financial capacity (Seoul Administrative Court Decision 2018Gudan54340, decided January 30, 2019).
E. Importance of Academic Diligence
The courts treat attendance rate and academic performance, together with whether there has been illegal employment, as important factors to be considered in the review of stay permission. Where the attendance rate is low or grades are poor, the genuineness of the purpose of stay may be called into question, and an extension of the period of stay or a change of status of stay may be denied (Suwon District Court Decision 2019Gudan8444, decided June 19, 2020; Seoul Administrative Court Decision 2016Gudan61696, decided January 12, 2017). In the case of D-4 status, where the student’s university has been selected as a “consulting university (subject to enhanced screening)” jointly designated by the Ministry of Justice and the Ministry of Education, the student is subject to even stricter review (Suwon District Court Decision 2016Gudan2803, decided April 7, 2017).
F. Possibility of Re-entry After a Departure Order
Even where a departure order is issued for illegal employment in a specified sector such as construction, in the case of a departure order, unlike deportation, the entry restriction is deferred, and where the person intends to continue his or her studies, re-entry may be permitted after a visa is issued by an overseas diplomatic mission. Further, because the head of a Regional Immigration Service must issue a written deportation order without delay where a person who has received a departure order fails to depart by the designated deadline (Immigration Act, Article 68(4)), a person who has received a departure order must depart within the deadline.
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