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Hiring of Foreign Civil Servants

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Hiring of Foreign Civil Servants

Legal grounds

Article 26-3 of the Law, Article 4 of the Decree on the Appointment of Public Officials, Article 3-2 of the Regulations on the Personnel Management of Civil Servants in Extraordinary Civil Service,Article 109 of the Regulations on the Appointment of Civil Servants, etc.

Applicable scope

Among civil servants in general service, professional career officers and fixed-term civil servants, civil servants in political service, and civil servants in extraordinary civil service

Civil servants in special service are subject to a separate individual law.

Hiring fields

Fields other than those related to national security and security and confidential matters

Fields which may utilize foreign public officials
Example: Foreign investment attraction, trade and industrial policy, education, culture, welfare and urban planning, etc.

Hiring and appointment process

(1) Professional career officers or fixed-term civil servants
  • Process including hiring and appointment (Summary)
    • Immigration procedure from selection: Establishment of hiring plan → Announcement (may be omitted), issuance and reception of application → Test in accordance with Article 29 of the Decree on the Public Officials Appointment Examination or Article 11 of the Regulations on professional career officers → Announcement of successful applicants → Request for background check (National Intelligence Service) → Issuance of pass certificate (Specialist) or appointment contract (term-based contract) → Issuance of visa → Purchase of air ticket (notification of return schedule)
    • Arrival to departure procedure: Airport pick up → Physical examination → Appointment, etc. → Issuance of residence card → Re-appointment (extension of visa) → Departure (expiration of appointment period or dismissal at one's own request, etc.)
  • In recruiting foreign nationals, the field of hiring, qualification standards, hiring method, hiring consultation, hiring plan establishment, announcement, application issuance and reception, document screening, interview and successful applicant determination, drafting of employment contract, appointment, work performance evaluation, remuneration, service management, disciplinary action, pension and dismissal of fixed-term civil servants shall comply with the relevant laws and regulations including the 「Decree on the Appointment of Public Officials」.
  • However, there is a difference between the hiring and appointment of Korean nationals in the following cases.
    • (A) Important information related to announcement
      • If a foreign national enters the country after the final admission and undergoes a physical examination, and then fails the physical examination, the admission is canceled and the residence permit and employment contract will be revoked. At the same time, as the person has to return to his or her home country, it should be included in the announcement that all expenses related to arrival and departure and stay, including medical examination costs, are to be borne by the person.
      • Announcements should be made on websites overseas so that foreign nationals can easily apply
    • (B) Request of background check
      • Subject: Foreign nationals who are expected to be appointed as civil servants in Korea
      • Period and investigation agency: Request a background check from the National Intelligence Service 30 days before appointment
      • Requester: Person in charge of HR at each ministry
      • Required documents: For foreign nationals, self-introduction letter, copy of passport, criminal record certificate issued by the public security agency of one’s home country, foreign resident registration certificate (when registering in Korea) and one ID photo
    • (C) Physical Examination for Appointment
      • Period: Conducted before the expected date of final examination, after passing the final examination and before appointment or after entering Korea
      • Execution: Conducted according to the general civil servant physical examination standards

        Refer to 「Regulations on the Physical Examination for Hiring of Civil Servants」

      • Applicants who have failed the physical examination for hiring: Appointment restricted (Notification provided in advance upon announcement of examination)
    • (D) Visa issuance
      Categories Specific Activity (E-7) Visa Professor (E-1) Visa
      Relevant Laws Immigration Act and Enforcement Decree on the Immigration Act Higher Education Act, Immigration Act and Enforcement Decreeon the Immigration Act
      Eligibility A person who intends to engage in a field designated by the Minister of Justice as one that requires the introduction of foreign workers with specialized knowledge, skills, or techniques in order to strengthen national competitiveness under a contract with a public or private institution in the Republic of Korea

      Applicable to government administrative experts (national and local civil servants)

      A foreign national who meets the qualifications under the Higher Education Act and intends to engage in education or research guidance in a specialized field at an educational institution higher than a junior college or an institution equivalent thereto
      Maximum period granted per stay 3 years 5 years

      For more information on visa issuance, please refer to the relevant website(http://www.hikorea.go.kr/pt/index.html)

    • (E) Establishment of security measures
      • Establishment of security measures under the responsibility of the head of the affiliated institution such as obtaining a security pledge for the prohibition of unauthorized transfer and private use of confidential information and deliverables obtained while in office, and carrying out security-related education

        Designation of prohibited areas and restricted access areas if necessary (situation room, computer room, etc.)

    • (F) Settlement support for foreign nationals
      1. ① Information on alien registration
        • Period: Registration must be completed as soon as possible within 90 days of entering the country
        • Procedure: After making a reservation in advance at the immigration/government office for foreign nationals in the region where each administrative agency is located*, the foreign civil servant applies directly at www.hikorea.go.kr or via the Foreigner Information Center (☏1345)
        • Required documents: Application form, passport, 2 photos (3.5×4.5), documents according to status of residence and fees
      2. ② Mentor assignment
        • Assign a mentor to foreign civil servants to promote stability during their sojourn in Korea and to overcome cultural differences at an early stage
        • Designate one or more civil servants who can speak the same language to provide comprehensive support and consultation, including general information about Korean culture (workplace and social culture, etc.), housing (lease contract), transportation (commuting), finance (opening a bank account), telecommunications (applying for mobile communication services), and information on Korean food.
      3. ③ For other matters related to settlement support for foreign nationals, visit www.hikorea.go.kr or the Foreigner Information Center (☏1345).
    • (G) Extension of working period

      While the period of stay is considered under the Immigration Act, in case of a fixed-term, the period of service can be extended regardless of the number of times within the scope of not exceeding 5 years if the following requirements are met.

      Categories Extension requirements
      Professional tenure system

      In case an extension of the working period is necessary because the project is not terminated within the working period due to unavoidable reasons

      General tenure system

      Excellent work performance

      In case there is a special reason to continue to have the person work

    • (H) Work related to dismissal
      • When the term of office expires, as it is considered as rightful retirement, the civil service card, residence card and medical insurance card should be returned.
        For those who are dismissed before the expiration of their term of office, a report on the change in status of foreign nationals who are under employment or training should be submitted (within 15 days after dismissal to the Immigration Office).

        Required documents: Report on the cause of the change in status, business registration certificate and supporting documents (resignation letter and etc) Required documents: Report on the cause of the change in status, business registration certificate and supporting documents (resignation letter and etc)

      • Confirm and check transferred documents, personal computers (including laptops) and auxiliary memory devices, and collect or process a security pledge to prevent confidential information leaks and protect all work-related data
      • Notify the National Intelligence Service without delay when any unusual security trends are detected, such as signs of detection and collection of confidential information
(2) Civil Servants in Extraordinary Civil Service
  • Hiring and appointment process (summary)
    • From selection to immigration process : Hiring plan establishment → Announcement (can be omitted), Application issuance and registration → Document screening → Interview → Announcement of successful applicants → Background check request (National Intelligence Service) → Issuance of visa → Purchase of air ticket (return schedule notification)
    • Arrival to departure process: Airport pick up → Physical examination → Appointment, etc. → Issuance of residence card → Departure (exemption, retirement, etc.)
  • Qualification criteria of foreign nationals as civil servants in extraordinary civil service, establishment of hiring plan, announcement, application issuance and reception, document screening, interview and determination of successful applicants, appointment, work performance evaluation, remuneration, service management, discipline, matters pertaining to part-time civil servants, pension and retirements shall comply with the relevant laws such as 「Regulations on the Personnel Management of Civil Servants in Extraordinary Civil Service」
  • However, important information regarding notices, background check requests, physical examinations, visa issuance, establishment of security measures, and settlement support for foreign nationals follow the hiring standards for foreign civil servants in general service (professional career officers or fixed-term civil servants).

Restriction on appointment of persons with multiple nationalities

  • The appointing authority or appointing request authority may restrict the appointment of multiple nationals in the following business areas among the duties of each institution prescribed by law.
    • Information, security, confidentiality and criminal investigations related to national security
    • Fields related to national affairs advisory and security for important national figures such as the president and prime minister
    • Fields related to diplomatic relations, trade negotiations and international agreements
    • Fields related to inter-Korean dialogue, exchange, cooperation and unification
    • Fields related to prosecution, corrections and immigration control
    • Military administration and military orders, acquisition of weapons systems, improvement of defense capabilities, and other fields related to the military
    • Areas related to the protection of people's lives, bodies and properties, protection of corporate trade secrets and new technologies, and major economic and financial policies and budget management
    • Other areas that may have a significant impact on national security and interests due to the nature of work, such as access to secure facilities and areas, handling of confidential documents and materials and that are determined by the relevant minister as deemed unsuitable for a person with multiple nationalities to perform.