(1) Notwithstanding the provisions of Article 18-3, where an employer applies for employment permission after re-entry before a foreign worker satisfying all of the following eligibility requirements leaves the Republic Korea due to the expiration of the employment activities extended under Article 18-2, the Minister of Labor may permit the re-employment of the foreign worker pursuant to this Act after the lapse of one month from the date of his or her last departure from the Republic of Korea: <Amended on Apr. 13, 2021>
1. The foreign worker shall satisfy any of the following requirements:(a) He or she has not transferred to another business or place of business during the work period under Articles 18 and 18-2;(b) Where he or she transfers to another business or place of business due to a reason falling under Article 25 (1) 1 or 3 (limited to where the period of his or her labor contract with the employer who applies for employment permission after re-entry is at least one year left until the end date of the period of employment activities), he or she shall satisfy the standards, such as the period of continuous service in the same type of business, which are determined and publicly notified by the Minister of Employment and Labor;(c) Where he or she transfers to another business or place of business due to a reason falling under Article 25 (1) 2, the period of his or her labor contract with the employer who applies for employment permission after re-entry shall be at least one year left until the end of the period of employment activities;(d) Where he or she transfers to another business or place of business due to a reason falling under Article 25 (1) 2, even though the period for his or her labor contract with the employer who applies for employment permission after re-entry is less than one year left until the end of the period of employment activities, and the head of the employment security office recognizes it appropriate to grant employment permission after re-entry after hearing the opinion of the Councils for Protection of Rights and Interests of Foreign Workers established under Article 24-2 (1);
2. The foreign worker should have been working in the business or place of business where the Policy Committee determines that it is impractical to employ nationals, considering the types or size of business for the introduction of foreign workers;
3. The foreign worker should have entered into a labor contract with the employer for more than one year in effect from the date of starting work after he or she re-enters the Republic of Korea.
(2) The provisions of Articles 6, 7 (2), and 11 shall not apply to applications for employment permission after re-entry under paragraph (1) and employment activities after re-entry.
(3) Employment after re-entry under paragraph (1) shall be permitted only once; the provisions of Article 9 shall apply mutatis mutandis to the conclusion of a labor contract for employment after re-entry; and the provisions of Articles 18, 18-2, and 25 shall apply mutatis mutandis to employment activities of foreign workers who have re-entered the Republic of Korea. <Amended on May 26, 2020>
(4) Procedures for employers filing for employment permission under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of the Employment and Labor.[This Article Added on Feb. 1, 2012]