🚨 Employment Immigrant Workers

Today Korean Social News for Beginners | 2026.01.12

0️⃣ E-9 Visa and Aquaculture Industry Regulation Controversy, Challenges in System Reform

📌 "It Was OK Then, Not Now"... Aquaculture Industry Employment Immigrant Worker Hiring Regulation Controversy

💬 At Changwon Changpo-gu aquaculture sites, foreign employment immigrant workers (E-9 visa holders) have been working on vessels over 20 tons, but the Ministry of Employment and Labor has raised concerns and announced administrative penalties, sparking backlash from fishery workers. Current law allows E-9 visa holders to work only on vessels under 20 tons, which critics say doesn't match aquaculture industry reality. In the fisheries sector, the Foreign Workers Employment Act, Fisheries Act, and Seafarers Act all apply simultaneously, causing confusion in legal application. While working on vessels over 20 tons requires a seafarer employment (E-10) visa, the nature of aquaculture operations makes management vessel use unavoidable, leading to strong demands from the field for system reform.

💡 Summary

• Employment immigrant workers (E-9 visa) can only work in industries permitted under the Foreign Workers Employment Act.
• In the aquaculture industry, the restriction on working on vessels over 20 tons doesn't match reality, causing controversy.
• Fishery workers are demanding legal reform and relaxation of workplace requirements.

1️⃣ Definition

Employment immigrant workers are foreign workers with legal residence status that allows them to work lawfully in the Republic of Korea. The most common visa is the non-professional employment (E-9) visa, which operates through the Employment Permit System (EPS) based on the Act on Foreign Workers' Employment.

E-9 visa holders can work in industries with labor shortages, such as agriculture and fisheries, manufacturing, and construction. However, employment is only permitted within the scope of industries and working conditions specified by law, and working outside these boundaries can be considered illegal employment. The core issue in this controversy is that while working on vessels over 20 tons is common at aquaculture sites, E-9 visa holders are restricted to working only on vessels under 20 tons.

💡 Why Is This Important?

• Employment immigrant workers are essential labor in industries with labor shortages such as rural areas and manufacturing.
• The gap between regulations and field reality creates disadvantages for both fishery workers and foreign workers.
• Without system reform, labor shortages will worsen and administrative penalty controversies will continue.
• Balancing protection of foreign workers' rights with domestic industry labor supply is important.

2️⃣ Current Status and Problems of the Employment Immigrant Worker System

📕 Structure of the Employment Permit System and E-9 Visa

• The Employment Permit System is a legal system for using foreign labor. Key details include:

  • The Employment Permit System (EPS) was introduced in 2004 to address labor shortages in small and medium-sized enterprises and agriculture/fisheries sectors.
  • Employers can obtain permission to hire foreign workers if they prove they couldn't find domestic workers.
  • E-9 visa holders can only work at authorized workplaces, and unauthorized departure becomes illegal stay.
  • The maximum stay period is 4 years and 10 months, and diligent workers can return for re-employment.

• Permitted work scope varies by industry. Key features include:

  • Manufacturing, construction, agriculture, fisheries, and some service industries are permitted E-9 visa industries.
  • The fisheries sector is subdivided into coastal fishing, aquaculture, salt harvesting, etc.
  • Working conditions and restrictions for each industry are legally defined.
  • Job switching between industries is strictly restricted, leading to criticism of low labor flexibility.

📕 Regulatory Confusion and Controversy in the Aquaculture Industry

• The 20-ton standard doesn't match aquaculture reality. Main problems include:

  • Under current law, E-9 visa holders can only work on vessels under 20 tons.
  • Working on vessels over 20 tons requires a seafarer employment (E-10) visa.
  • At aquaculture sites, management vessels over 20 tons are often used for aquaculture management and fish transport.
  • Workers have been employed under this long-standing practice, but controversy has grown with recent administrative penalty announcements.

• Multiple laws apply simultaneously, causing confusion. Key issues include:

  • In the fisheries sector, the Foreign Workers Employment Act, Fisheries Act, and Seafarers Act all apply simultaneously.
  • Each law defines foreign workers' working conditions and scope of application differently.
  • Fishery workers express anxiety that they could face penalties at any time due to unclear legal application standards.
  • Controversy over fairness has been raised as administrative penalties are imposed after the fact without sufficient prior notice.

💡 Key Issues in the Employment Immigrant Worker System

1. Gap Between Regulations and Reality: The 20-ton standard doesn't reflect actual aquaculture field conditions
2. Legal Application Confusion: Inconsistent scope of application among Foreign Workers Employment Act, Fisheries Act, and Seafarers Act
3. After-the-Fact Administrative Penalties: Sudden penalty announcements questioning long-standing practices
4. Worsening Labor Shortage: System rigidity threatens to make rural labor supply even more difficult
5. Worker Rights Protection: Possibility of foreign workers' rights violations due to unstable status

3️⃣ System Improvement Plans and Future Challenges

✅ Legal Reform and Regulation Modernization

• Legal amendments reflecting industry-specific characteristics are needed. Key directions include:

  • The 20-ton standard should be reasonably adjusted considering aquaculture industry specifics.
  • The scope of application for E-9 and E-10 visas should be clearly distinguished or integrated operation plans should be reviewed.
  • Consistency among the Foreign Workers Employment Act, Fisheries Act, and Seafarers Act should be improved to resolve confusion.
  • Effective system design should be based on field condition surveys.

• Workplace requirement relaxation and increased flexibility are needed. Key tasks include:

  • Workplace change requirements should be relaxed to increase labor flexibility.
  • Procedures for moving between workplaces within industries should be simplified.
  • Flexible operation is needed to respond to seasonal labor demand changes.
  • Protection of foreign workers' rights and employer convenience in labor utilization should be balanced.

✅ Administrative Procedure Improvement and Support Enhancement

• Sufficient advance notice and grace periods should be provided. Key measures include:
  • Sufficient advance notice to employers and workers is needed when laws change or interpretations shift.
  • A grace period should be given for existing practices to allow time for adaptation.
  • Operations should prioritize opportunities for correction over administrative penalties.
  • System guidance and counseling services should be strengthened through regional employment centers and fisheries cooperatives.

4️⃣ Related Terms Explained

🔎 Foreign Workers Employment Act

• The Foreign Workers Employment Act is the law governing foreign workers' employment.
  • The Act on Foreign Workers' Employment (Foreign Workers Employment Act) was enacted in 2003 and implemented from 2004. This law aims to systematically introduce and manage foreign workers to resolve labor shortage problems and protect foreign workers' rights.
  • Main provisions include: First, employers can legally hire foreigners through the Employment Permit System. Second, foreign workers receive equal working conditions and industrial safety protection as domestic workers. Third, there are penalty provisions to prevent illegal employment and illegal stay. Fourth, support systems for settlement are established, including operation of foreign worker support centers.
  • However, industry-specific detailed regulations are complex, and confusion can occur in cases where other laws overlap, such as in fisheries. This aquaculture industry controversy also arose from different scopes of application between the Foreign Workers Employment Act and the Seafarers Act.

🔎 Non-Professional Employment (E-9) Visa

• The E-9 visa is issued to foreigners working in simple labor fields.
  • The non-professional employment (E-9) visa is a residence status issued to foreign workers in non-professional technical fields. It is issued according to the Employment Permit System (EPS) and allows work in industries with labor shortages such as manufacturing, construction, agriculture, and fisheries.
  • E-9 visa features include: First, employers must obtain employment permission to hire foreigners. Second, workers must work only at authorized workplaces, and unauthorized departure is illegal. Third, the stay period is up to 4 years and 10 months and can be extended. Fourth, diligent workers can return and work again.
  • In the fisheries sector, E-9 visa holders are restricted to working only on vessels under 20 tons. Working on vessels over 20 tons requires a seafarer employment (E-10) visa, but this regulation doesn't match aquaculture reality, causing controversy.

🔎 Seafarer Employment (E-10) Visa

• The E-10 visa is issued to foreign seafarers working on vessels.
  • The seafarer employment (E-10) visa is a residence status issued to foreigners working as seafarers on Republic of Korea vessels. It operates according to the Seafarers Act and foreign seafarer management guidelines, and is used in deep-sea fishing, coastal fishing, and maritime transport.
  • E-10 visa features include: First, workers can work as seafarers regardless of vessel size. Second, working conditions are determined by seafarer employment contracts. Third, seafarer welfare-related regulations apply. Fourth, unlike the E-9 visa, introduction follows separate procedures, not the Employment Permit System.
  • In the aquaculture industry, management vessels over 20 tons are often operated, and working on these vessels requires an E-10 visa. However, there is controversy over whether applying the E-10 visa is appropriate since the main work in aquaculture is managing aquaculture farms rather than operating vessels.

5️⃣ Frequently Asked Questions (FAQ)

Q: What is the difference between E-9 and E-10 visas?

A: E-9 is for land-based simple labor, E-10 is for seafarers working on vessels.

• The E-9 visa (non-professional employment) is issued to foreigners engaged in simple labor in industries with labor shortages such as manufacturing, construction, agriculture, and fisheries. Employers hire workers through the Employment Permit System (EPS) after obtaining permission, and workers can only work at authorized workplaces. In fisheries, work is restricted to vessels under 20 tons.
• The E-10 visa (seafarer employment) is issued to foreigners working as seafarers on Republic of Korea vessels. Workers can work as seafarers without vessel size restrictions and are subject to the Seafarers Act. Foreigners working in deep-sea fishing or on large fishing vessels mainly receive E-10 visas. This controversy is a case where E-9 visa holders working on management vessels over 20 tons in aquaculture became an issue.

Q: Why did this problem suddenly emerge in the aquaculture industry?

A: Because there was a long-standing practice, but administrative authorities recently interpreted the law more strictly.

• At aquaculture sites, it is common to use management vessels over 20 tons for aquaculture management and fish transport. E-9 visa holders have been working on these vessels, and operations continued as customary practice without any particular issues being raised.
• However, the Ministry of Employment and Labor recently strictly interpreted legal application and raised concerns about working on vessels over 20 tons, announcing administrative penalties. Fishery workers are protesting that sudden penalties without prior notice violate fairness. The gap between regulations and reality was neglected for a long time, and conflict surfaced due to a shift in administrative policy.

Q: How should fishery workers or foreign workers respond?

A: It is advisable to comply with current laws while demanding system improvement.

• In the short term, current laws must be followed to avoid administrative penalties. Since E-9 visa holders working on vessels over 20 tons is restricted under current law, options include using E-10 visa labor or adjusting work to vessels under 20 tons.
• In the medium to long term, system improvement can be demanded through industry organizations. Fisheries cooperatives or aquaculture industry groups can submit legal reform proposals or inform the National Assembly and government about field conditions to urge improvements. Foreign workers can also receive rights counseling through foreign labor support centers. Above all, the system needs to be reformed to match reality so that both fishery workers and foreign workers can work in a stable environment.

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