Legal Rights Every Foreigner in Korea Should Know
Living in Korea as a foreigner can be an exciting experience, whether you’re here to study, work, invest, or start a family. However, understanding your legal rights is crucial to avoid misunderstandings and protect yourself in daily life. Because Korea’s laws and procedures may differ greatly from those in your home country, having accurate information, and access to an English-speaking lawyer, can make all the difference. Below are six key legal rights that every foreigner in Korea should be aware of:
1. Immigration and Visa Rights
Foreigners in Korea must maintain a valid visa and follow immigration regulations.
Overstaying your visa can result in fines, deportation, or re-entry bans.
You have the right to apply for visa extensions or change your visa status if you meet requirements.
Foreign residents also have the right to re-apply after visa denials or to appeal deportation orders, and they may exercise these rights with the assistance of legal representation.
Tip: Always keep your Alien Registration Card (ARC) updated. It acts as your legal ID in Korea.
2. Employment Rights
If your workplace is covered by the Labor Standards Act, foreign workers are protected under the Labor Standards Act.
You are entitled to:
Minimum wage
Overtime pay
Weekly rest days
Severance pay (if employed for more than one year)
Employers cannot legally confiscate your passport or ARC.
If disputes arise, you have the right to file a complaint with the Labor Office, and you may do so with the assistance of a lawyer.
Example: If your employer withholds your salary, you can file a wage claim through the Ministry of Employment and Labor.
3. Housing and Property Rights
Foreigners can legally rent or buy property in Korea.
You are entitled to a lease contract (Jeonse or monthly rent) that must be registered to protect your rights.
Deposits (key money) must be refunded when the contract ends, unless damages or unpaid rent exist.
As a foreign property owner, you must report the purchase to the local registry office.
Tip: Always review lease agreements with an English-speaking lawyer to avoid hidden risks.
4. Family and Personal Rights
Marriage between a foreigner and a Korean is legally recognized.
In divorce cases involving foreigners, Korean family law generally applies if the case is brought before a Korean court while the couple is residing in Korea. Matters such as child custody, spousal or child support, and property division can be particularly complex, especially when cross-border elements are involved.
Foreign parents have the right to seek custody or visitation rights in court.
Domestic violence victims, regardless of nationality, can access legal protection and restraining orders.
5. Criminal Law Rights
If you are arrested, you have the right to:
Know the charges against you.
Remain silent until you consult with a lawyer.
Request an interpreter if you don’t understand Korean.
Contact your embassy for assistance.
Foreigners are required to follow Korean law at all times. Even minor offenses, such as traffic violations, may result in fines, criminal records, or immigration consequences, including restrictions on visa renewal or possible deportation.
6. Business and Investment Rights
Foreigners can establish businesses in Korea under the Foreign Investment Promotion Act.
You have the right to own shares in a Korean company or set up a foreign-invested corporation.
Proper licensing and registration are required, and legal help ensures compliance with tax and corporate regulations.
In conclusion,
living in Korea offers great opportunities, but knowing your legal rights as a foreigner is essential for safety, stability, and success. Whether it’s a dispute with an employer, a family matter, or business investment, having clear communication with a trusted English-speaking lawyer can protect you from costly mistakes.
At Kang & Shin Law, we specialize in helping foreigners navigate the Korean legal system with confidence.