[News Terms] Overseas Koreans' Visas 'F4·H2' Seen Through the Arisel Disaster

Among the 23 victims who died in the fire disaster at the Arisel lithium primary battery factory in Hwaseong, Gyeonggi Province on the 24th, 18 were foreign migrant workers. By visa status, 11 held Overseas Korean (F4) visas, and 4 held Visiting Employment Korean (H2) visas. There were also 2 with Marriage Immigrant (F6) visas and 1 with Permanent Resident (F5) visa. Among them, the 15 workers with F4 and H2 visas are all classified as Overseas Koreans under domestic law. However, different standards are applied regarding permissible employment sectors and visa issuance periods depending on the visa type.

On the 25th, firefighters are searching for missing persons at the site of a fire at a primary battery manufacturing factory in Hwaseong-si, Gyeonggi Province. Photo by Jin-Hyung Kang aymsdream@

First, the F4 visa is granted to those who once held South Korean nationality but acquired foreign nationality. It can also be issued if one parent or grandparent held South Korean nationality before acquiring foreign nationality. Holders of the F4 visa can engage in relatively free domestic activities using a residence report number instead of a resident registration number. The employment threshold is relatively low. Unless the work involves simple labor or activities against social order such as gambling, there are no significant restrictions on employment. Financial transactions and real estate purchases are also permitted. The stay period is extended every three years, allowing for indefinite residence. However, voting rights and eligibility for election are not granted.

The Visiting Employment visa ‘H2’ is similar to the F4 in that it is issued to foreign-national Koreans, but the eligibility differs. The H2 visa is issued to foreign-national Koreans aged 18 or older who hold nationality from six former Soviet Union (CIS) countries: China, Uzbekistan, Kazakhstan, Ukraine, Kyrgyzstan, Tajikistan, and Turkmenistan.

The duration of stay also differs from the F4 visa. The H2 visa grants a maximum initial stay of three years upon entry, and if the holder obtains a ‘Certificate of Extension of Employment Activity Period for Expired Employment Period’ issued by the Employment Support Center, the stay can be extended for an additional 1 year and 10 months without leaving the country.

Unlike the F4 visa, there are many restrictions on employment sectors. Overseas Koreans holding the H2 visa are only allowed to work in sectors specified by the Immigration Control Act, such as manufacturing, agriculture, forestry, fishery, and service industries, and only at companies eligible for special employment permits. Manufacturing companies eligible for special employment permits are those with fewer than 300 regular employees or capital of 8 billion KRW or less. Even if these criteria are not met, a ‘Small and Medium Enterprise Confirmation’ issued by the local Small and Medium Business Administration can be submitted to obtain special employment permission. Arisel, which faced allegations of illegal dispatch, has a capital of 25 billion KRW.

Meanwhile, the foreign workers who perished in this fire disaster were employed as day laborers through the manpower supply company Meisel and worked at Arisel. If they worked under the direction and supervision of Meisel, it is a subcontracting relationship, but if they were directed and supervised by Arisel, it could constitute illegal dispatch. The Dispatch Act generally permits dispatch labor in only 32 industries, and ‘direct production processes in manufacturing’ are prohibited from dispatch.