(1) An employer who runs any of the following business or uses any of the following places of business may, upon receipt of the certificate of special cases concerning employment under paragraph (3), employ a foreigner who entered the Republic of Korea with a visa prescribed by Presidential Decree and who desires to work as an employee in the Republic of Korea. In such cases, the provisions of Article 9 shall apply mutatis mutandis to the conclusion of labor contracts: <Amended on Apr. 13, 2021>
1. A business or place of business in the construction industry as specified by the Policy Committee, considering the current status of the labor market for daily workers, limitations on domestic workers' opportunities for employment, the size of the place of business, and other relevant facts;
2. A business or place of business in the service, manufacturing, agricultural, fishery, or mining industry as specified by the Policy Committee, considering the characteristics of each industry.
(2) Any foreigner who falls under paragraph (1) and who desires to work as an employee in a business or place of business falling under any subparagraph of paragraph (1) shall file a job application with the head of an employment security office after receiving employment training for foreign workers, and the Minister of Employment and Labor shall prepare and manage a list of foreign job-seekers in relation to such applications. <Amended on Jun. 4, 2010>
(3) An employer who has filed an application for recruiting nationals in accordance with Article 6 (1) may, if he or she fails to hire new personnel despite efforts made by the head of an employment security office for a job referral under Article 6 (2), file for certification of special cases concerning employment with the head of an employment security office, as prescribed by Ministerial Decree of the Employment and Labor. In such cases, the head of an employment security office shall certify such special cases concerning employment to the employer if he or she meets the requirements prescribed by Presidential Decree with regard to the types and size of business eligible for the introduction of foreign workers. <Amended on Jun. 4, 2010>
(4) An employer who has received certification of special cases concerning employment under paragraph (3) shall hire a foreign worker from among those registered on the list of job-seekers under paragraph (2), and shall, when a foreign worker begins his or her employment, report to the head of an employment security office, as prescribed by Ministerial Decree of the Employment and Labor. <Amended on Jun. 4, 2010>
(5) The effective term of certification of special cases concerning employment shall be three years; provided, if the relevant business or place of business falls under paragraph (1) 1 and the construction period is less than three years, such period shall be the effective term.
(6) Where the head of an employment security office has certified special cases concerning employment under paragraph (3), he or she shall issue a certificate of special cases concerning employment to the relevant employer, as prescribed by Presidential Decree.
(7) The provisions of Article 21 of the Immigration Act shall not apply to foreign workers falling under paragraph (1).
(8) Where any foreigner who falls under paragraph (1) desires to work as an employee, the Minister of Employment and Labor may provide him or her with information on employment before he or she enters the Republic of Korea. <Amended on Jun. 4, 2010>[This Article Wholly Amended on Oct. 9, 2009]