Regulations Governing Employment Transfer Procedures and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Subparagraph 8 to 11 of Paragraph 1 of Article 46 of the Employment Service Act Article 17

In any of the following situations, applicants can apply directly to the Central Competent Authority for continued employment of foreign workers and the provisions of Article 2 to Article 13 do not apply:1. The original employer is unable to continue employing a foreign worker because of death, emigration or other reason, when the applicant and original care recipient are relatives pursuant to the provisions of Paragraph 4, or the applicant is the spouse of the original employer of the live-in home help.2. Individual employers engaged in the work specified below who, as a result of a change in ship ownership or responsible person, continue the employment of all the original employer’s domestic workers starting from the six months prior to the month in which the change occurred.(1) Article 3, Subparagraph 2, Article 4, Subparagraph 1, 4, 6 and 8 Article 5, of the Review Standards.(2) Subparagraphs 3, 5, 6, 8, 9, and 12, Article 5 of the Foreign Skilled Worker Regulations.3. In the event of the purchase or rent of the original manufacturing employer’s machinery, equipment or plant or purchase or rent of the original employer's slaughterhouse, or purchase or rent of the original employer’s waste recycling facility (area) the new owner or responsible person is required to continue the employment of all the domestic workers of the original employer six months before the date of the change.4. When an applicant takes over responsibility for a construction project after the original employer closes a plant or shuts-down thereby halting a major construction project.5. Any foreign worker whose employment permit has been revoked or denied by the Central Competent Authority and employer who conforms to the application qualifications in Subparagraphs 1 to 4, Paragraph 1, Article 7, is required to sign a certified document attesting that both parties consent to continued employment within the period of time approved for the employer transfer by the Central Competent Authority (hereinafter two- party agreement to continued employment).6. Foreign workers, original employers and employers whose application qualifications conform to the provisions of Subparagraphs 1 to 4, Paragraph 1 or Paragraph 3, Article 7, shall sign a three-party certified document of agreement to continued employment (hereinafter referred to as three-party agreement to continued employment).After a merger of businesses, the surviving, newly established or taken over business will continue the employment or retain all or some of the domestic workers employed by the original employer six months prior to the merger. Applicants can directly apply to the Central Competent Authority to file any change in information and the provisions of Articles 2 to 15 do not apply:If the business involved is a legal entity, any change in the owner or responsible person of a boat must be reported to the Central Competent Authority as part of an application to file changes in information and the provisions of Articles 2 to 15 do not apply:The relationships referenced in Subparagraph 1, Paragraph 1 are detailed below:1. Spouse.2. Direct blood relatives.3. Collateral blood relatives to the third degree of kinship.4. Step-parents, stepchildren, spouse’s parents or step-parents, spouse of a child or step- child.5. Spouse of grandparent and grandchild, step-grandparents and grandchildren, spouse of a step-grandparent and grandchild.