How to Switch Korean Visa E-7 to D-10 (Lawyer’s Guide)[English Speaking Lawyer. LIBRO]

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Situation: “If you leave, I won’t give you the Letter of Release.”(Korean Visa E-7)

You are working in Korea on an Korean Visa E-7. Suddenly, your employer tells you, “Don’t come to work tomorrow.” You are shocked, but then comes the threat:

“If you report this or complain, I will not sign your Letter of Release (이직동의서). You won’t be able to work anywhere else in Korea.”

Many foreigners panic in this situation. They believe that without this document, they must pack their bags and leave Korea immediately. This is not necessarily true.

While the “Letter of Release” is standard for voluntary resignation, Korean Immigration regulations allow for exceptions. If you can prove the termination was due to “reasons attributable to the employer” (Company Fault), you may be able to switch to a D-10 (Job Seeker) visa or transfer to another Korean Visa E-7 employer without the original employer’s consent.

Here is the Specific Administrative Guide on how to navigate this process, backed by Korean Labor Standards and Immigration practices.

E-7

1. Can I Change Jobs Without a Letter of Release? (The Exemption Rule)

According to HiKorea, the requirement for a Letter of Release (Consent for Change of Workplace) can be waived if the foreign national cannot continue working due to reasons beyond their control.

CategoryExamplesLetter of Release?
Employee FaultVoluntary resignation, quitting for a better salary, personal reasons.REQUIRED
Company FaultManagement difficulties, closure, wage delays, unfair dismissal.NOT REQUIRED (If proven)

Important Note: The “Company Fault” exception is not automatic. The Immigration Office reviews applications on a case-by-case basis. You must provide objective evidence to prove the company was at fault.

Here are the 3 Critical Steps to building that evidence.

2. How to Prove ‘Company Fault’ (Unfair Dismissal & Late Wages)

Step 1: Secure the “Written Notice of Termination”

Under the Korean Labor Standards Act, a dismissal must generally be notified in writing, stating the reason and the date.

While a verbal “Get out” or a text message dismissal might have procedural defects (making it “Unfair Dismissal” in a legal sense), for Immigration purposes, you need a clear paper trail to prove you did not quit voluntarily.

  • Do not sign a resignation letter (사직서). If you sign this, it legally becomes a “Voluntary Resignation,” and you will likely need a Letter of Release.
  • Request a formal document. Send a message or email: “Please provide a formal Termination Notice (해고통지서) stating the specific reason for my dismissal.”
  • Record the evidence. If they refuse, save all text messages, emails, and call recordings (legal in Korea if you are a participant) where they instructed you to stop working.

Step 2: Verify Employment Insurance Loss Code “23”

When an employee leaves, the company must report the “Loss of Employment Insurance” to the government. They select a specific code to explain why the job ended. This code is a crucial reference for Immigration.

CodeMeaningImplication for Visa
Code 11Voluntary ResignationNegative. Implies you quit. You generally need a Release Letter.
Code 23Involuntary DismissalPositive. Supports your claim of “Company Fault.”
Code 26Disciplinary DismissalNegative. Implies you were fired for misconduct.

Action Item: Check your status on the Korea Workers’ Compensation & Welfare Service (Total Service) website. If they fired you but reported “Code 11,” file a “Request for Correction of Loss Code” at the Job Center immediately.

Step 3: The 30-Day Notice & Dismissal Allowance

Korean Labor Law generally requires employers to give 30 days’ advance notice before dismissal. If they fire you immediately, they must pay 30 days’ worth of ordinary wages. This is called the “Dismissal Advance Notice Allowance (해고예고수당).”

  • Eligibility: Generally applies if you have worked continuously for more than 3 months.
  • How to use this for your Visa: If the company does not pay this allowance within 14 days, file a petition at the Ministry of Employment and Labor (MOEL). The record of your petition serves as strong supporting evidence to Immigration that the company violated labor laws.

3. Documents needed when Letter of Release is missing

If you are applying for a change of status to D-10 due to company fault, prepare the following documents.

  • Standard: Application Form (No. 34), Passport, ARC, Proof of Residence, Fee.
  • Proof of Involuntary Quit:
    • Written Notice of Termination.
    • Confirmation of Employment Insurance Loss (Code 23).
    • MOEL Petition Record (if applicable).
  • Future Plan: Job Seeking Plan (Immigration Form).

Lawyer’s Insight ⚖️

“Changing from Korean Visa E-7 to D-10 without a Letter of Release is not ‘automatic.’ However, if you have clear evidence of Company Fault—such as a Termination Notice, a corrected Insurance Code (23), or a record of unpaid wage claims—the Immigration Office is highly likely to approve your application to protect your rights.”

FAQ: Frequently Asked Questions regarding Korean Visa E-7 Termination & D-10 Visa

Q1: My employer refuses to correct the Employment Insurance Loss Code from 11 (Voluntary) to 23 (Involuntary). What should I do?

A: You can file a “Request for Correction of Loss Code” with the Korea Workers’ Compensation & Welfare Service (COMWEL). The agency will investigate the facts based on your evidence (termination notice, messages, recordings). If verified, they can correct the code or issue a confirmation document, which serves as valid proof for your D-10 visa application.

Q2: How long do I have to apply for a D-10 visa after being fired?

A: There is no fixed “grace period” defined by law, but Immigration practice often allows a short period (typically around 2 weeks) to organize your affairs. However, this is at the discretion of the officer. We strongly recommend visiting the Immigration Office to apply for a D-10 visa immediately upon receiving your termination notice to avoid any overstaying issues.

Q3: Can I work a part-time job while on a D-10 visa?

A: Not automatically. To work part-time, you must obtain a separate “Permission for Activities Outside of Status of Residence” from Immigration. Working without this specific permission is considered illegal employment. It can lead to fines, deportation, and will act as a serious disadvantage for any future visa applications or renewals.

Q4: Is the Letter of Release completely unnecessary now?

A: It depends on the reason for leaving.

  • Voluntary Resignation: If you quit for personal reasons, the Letter of Release is generally required.
  • Company Fault: If you were fired due to reasons like unfair dismissal, bankruptcy, or wage delays, you can usually substitute the letter with proof of the company’s fault (e.g., Termination Notice, COMWEL records).

Q5: What if I didn’t get my Severance Pay (Toe-jik-geum)? Can I still switch visas?

A: Yes. Visa status and severance pay are separate legal matters. You should secure your D-10 visa first based on the fact of your dismissal. Once your legal stay is secured, you can file a separate claim for unpaid wages with the Ministry of Employment and Labor (MOEL).

Do you need help correcting your Insurance Code or filing a report to the MOEL?

[Contact Us for a Legal Consultation]

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Attorney Paul

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