(1) Where any of the following events occur, a foreign worker (excluding a foreign worker under Article 12 (1)) may file an application for transfer to another business or place of business with the head of an employment security office, as prescribed by Ministerial Decree of the Employment and Labor: <Amended on Jun. 4, 2010; Feb. 1, 2012; Jan. 15, 2019>
1. If his or her employer intends to terminate the labor contract during the contract period, or intends to refuse renewal of the labor contract after its expiration, on a justifiable ground;
2. Where the Minister of Employment and Labor gives public notice, as he or she deems, under a social norm, that the foreign worker is unable to continue to work in the business or place of business on a ground not attributable to him or her, such as temporary shutdown, closure of business, revocation of employment permission under Article 19 (1), limitation on the employment under Article 20 (1), provision of a dormitory in violation of Article 22-2, or the employer's violation of terms and conditions of employment or unfair treatment;
3. Where any other cause or event prescribed by Presidential Decree occurs.
(2) Where an employer hires a foreign worker seeking re-employment after applying for transfer to another business or place of business under paragraph (1), Articles 6, 8, and 9 shall apply mutatis mutandis to the procedure and method for such employment.
(3) A foreign worker who fails to obtain permission for transfer to another workplace under Article 21 of the Immigration Act within three months from the date of the application for transfer to another business or place of business under paragraph (1) or who fails to file an application for transfer to another business or place of business within one month after the expiration of the labor contract with the employer shall leave the Republic of Korea; provided, for a foreign worker who cannot obtain permission for transfer to workplace or file an application for transfer to workplace due to causes, such as an accident on duty, illnesses, pregnancy, or childbirth, such period shall be calculated from the date on which such cause ceases to exist.
(4) Foreign worker’s change of business or place of business under paragraph (1) shall not, in principle, exceed three times during the period under Article 18 or two times during the extended period under Article 18-2 (1); provided, the foregoing shall not include cases of change of business or place of business on any ground prescribed in paragraph (1) 2. <Amended on Jan. 28, 2014>[This Article Wholly Amended on Oct. 9, 2009]