Tax & Law (세금과 법률) 변호사(Korea, U.S.A. IL.) 이재욱 taxnlaw.co.kr
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Attorney(KOREA, U.S.A., IL.)   LEE, JAE WOOK'S OFFICE →   →
Attorney LEE, JAE WOOK'S OFFICE
[ LICENSED TO PRACTICE IN KOREA, U.S.A., ILLINOIS ]
[개인과 기업을 위한 모든 법률문제를 서비스합니다.]
1997년부터 20년이상의 노하우를 가지고 웬만한 개인과 기업이 평생에 걸쳐 경험할 수 있는 거의 대부분의 민사,형사,행정,조세,국제거래,국제계약,이민,탄원,진정,고소,고발,제안,협상,중재,조정,업무대행,대리 사건의 자문과 소송과 계획안 제출대리 업무을 경험하고 처리해 왔습니다. 국내거래나 국제거래를 비롯하여 개인과 기업이 당면한 어떤 문제도 모두 해결해 드립니다. 주저하지 마시고 사무실을 내방하여 이재욱변호사의 축적된 경험과 학식과 지식을 이용하여 상담부터 받으세요. 본 사무실에서 해결해드리지 못할 경우 다른 해결방안을 제시해드립니다.
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2-5. If a foreign spouse is living apart from a Korean, How can the person obtain a permit for the extension of period of stay?
관리자  (Homepage)
2016-04-28 13:39:45, 조회 : 335, 추천 : 47
○ A foreigner in F-2-1 status is living apart from the Korean due to a runaway,
violence or troubles of the Korean spouse, he/she may maintain the F-2-1
status
○ Only, a permit for the period of stay may vary according to the cause of
divorce on who's account as well as the fact who is raising the child, etc.
For instance, if both parties are responsible for the divorce or the foreign
spouse is accountable for the divorce while bringing up a child or supporting
parents or family of the Korean spouse, he/she may obtain a permit for the
extension of period within the limit of 1 year if the couple has married and
lived for less than 2 years. If their marriage lasted more than 2 years, they
may obtain a permit for residence within the limit of 2 years
○ In the cases of preparing a divorce lawsuit or in the process of a lawsuit and
other inevitable reasons for staying in Korea, a foreign spouse may get an
extension of F-2-1 status at a maximum period of 3 months each time
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2-6. When a foreign spouse is married to a Korean national in G-1 Status, can
the person stay in Korea, even after finalizing a divorce suit?
○ It depends on who is responsible for the divorce
○ If the Korean spouse brought the marriage to an end or the foreign spouse
intends to raise the child in Korea regardless of the responsibility of the
divorce, he/she may get a permit for the change of status to F-2-1
○ In a case that both parties are responsible for the divorce or in a case that
foreign spouse doesn't raise child while the cause of divorce is on the foreign
spouse's account, the foreigner is regarded as having no ground to stay in
Korea. Therefore, he/she can't get visa extension and should leave Korea
voluntarily
2-7. In the case that a Korean spouse dies or is missing, can the foreign
spouse get a permit for the extension of period?
○ While living in Korea, after alien registration to the local office, in the case
that the Korean spouse dies due to a disease or accidents, etc. or is
missing, the foreign spouse may obtain an extension of period
2-8. How can I report a change of residence ?
○ Registered foreigners are required to report a change of residence within 14
days from the date of their residence move, carrying passport and alien
registration card, to City/Gun/Gu or to the Immigration Office having
jurisdiction over the place of the foreigner's current residence
- Even if a new residence is located on the same province as the previous
one, a foreigner is required to report a change of residence
○ Failing to the report within 14 days from transference, the foreigner may be
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fined (up to ₩1,000,000) for the violation of the article 98 of the Korean
Immigration Law
2-9. I have been living in Korea in F-2 status for more than 2 years, married to
a Korean national. Can I obtain a permanent residence status instead of
naturalization?
○ As a foreign spouse married to a Korean national, if the person is holding a
F-2 status and staying in Korea for more than 2 years, a person falling in
one of the following cases may apply for a permanent residence ;
- Maintaining a marriage to a Korean national in real life
- The Korean spouse died or the court gave a verdict of missing
- In the case of a divorce or separation from the Korean spouse, if it can be
proved that the cause of divorce was on the Korean spouse's account
- Even in the case of discontinuance of marriage, if the foreign spouse raises
a minor-aged child who was born to a Korean national and the foreign
spouse, he/she may apply for a permanent residence
<Inquiries about an employment of a Foreign spouse married to a
Korean national>
2-10. I'm in F-2-1 status. Do I need to get a work permit to work in Korea ?
○ According to the Amendment to the Korean Immigration Law on 25th
September 2005, foreign spouses of Korean nationals do not need to obtain
a permit to work in Korea, once they adjust to a F-2-1 status
○ Still, if a foreign spouse, without a relevant license, takes up an employment
in the business that requires a specific license such as a doctor, lawyer or
pharmacist, etc., you will be punished for the violation of relevant laws such
as the medical law
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2-11. I'm holding a F-2-1 status. If my Korean spouse dies or lives separately
from me, can I still work in Korea ?
○ If a Korean spouse dies while keeping F-2-1 status, the foreigner may go on
with extensions of period (F-2-1). In the case of separation, he/she may
keep F-2-1 status until the divorce is finalized
○ If both parties are responsible for the divorce or if the cause of divorce is on
the foreign spouse's account and the status has been changed to F-1, the
foreigner is not allowed to take up employment
2-12. I'm holding F-2-1 status but divorced my Korean spouse. Can I still work
in Korea?
○ It depends on who brought the marriage to an end or who would raise a
child
○ If a Korean spouse is responsible for the divorce, or regardless of imputation
of the divorce, the foreign spouse intends to raise a child in Korea, he/she
may keep a F-2-1 status and thus take up employment without additional
permit for work
○ If both parties are responsible for the divorce or the foreign spouse is and
does not bring up a child, the foreign spouse may have to adjust to F-1
status to stay in Korea. F-1 status does not cover the right to work. Thus, to
work in F-1 status, you may apply for the permit for ' the activities not
covered by the current status of sojourn'. However, it is applied to the
professional business in limited fields such as teaching a foreign language. In
F-1 status, you are not able to take up employment in the simple labor field
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2-13. I'm holding F-2-1 status. If I raise a divorce suit against the Korean
spouse, can I still continue to work?
○ Even in the process of a divorce suit, you are able to keep a F-2-1 status
until the court judges an irrevocable divorce. While in F-2-1 status, you may
work
○ However, in the case of staying in Korea for the purpose of division of
properties or organizing households, etc., the foreign spouse is not allowed to
take up employment
2-14. I'm in the process of a divorce suit, injured (home violence) by my Korean
husband. I'm holding G -1 status. Can I work?
○ G-1 status does not cover the right to work
O Only, if the court judges the cause of divorce on the Korean spouse's
account, you may apply for a permit for change of status to Residence
(F-2-1) to the immigration office having jurisdiction over your place of
residence. After obtaining F-2-1 status, you have a right to stay and work
in Korea
2-15. I'm living in Daejeon City with Residence (F-2-1) status. Can I take up
an employment in Seoul?
○ Yes. Persons in F-2-1 status are able to work anywhere inside Korea, without
the restrictions on the categories of "Status permitting employments"
○ Still, if a registered foreigner changes a place of residence, according to the
article 36 of the Korean Immigration Law, the person should report the
alteration of residence within 14 days from the date of changing residence,
carrying passport and alien registration card, to City/Gun/Gu of the residence
or the Immigration Office having jurisdiction over the place of the foreigner's
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new residence. In case of the violation of this article, the foreigner will be
fined according to the Korean Immigration Law
O Therefore, if you are moving from Daejeon to Seoul in line with taking up
employment in Seoul, you need to report the alteration of residence to
competent Gu Office or Seoul Immigration Office
2-16. I departed from Korea after obtaining a permit for re-e


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