Short answer. Both need permission in advance, and they are two different permissions. Article 20 of the Immigration Control Act requires prior permission from the Minister of Justice to engage in activities corresponding to a residence status other than your own, alongside your own. Article 21(1) separately requires prior permission to change or add a place of work within your existing status, with an exception for certain specialists, who report within 15 days instead. Breaching either is among the grounds that can support deportation.
What Korean law says
Article 20: a foreign national staying in Korea who wishes to engage in activities corresponding to another residence status, in addition to the activities corresponding to their own status, must obtain permission for activities outside their status from the Minister of Justice in advance.
Article 21(1): a foreign national who wishes to change or add a place of work within the scope of their residence status must obtain permission from the Minister of Justice in advance. The proviso allows a person with specialist knowledge, technology or skills, as prescribed by Presidential Decree, to report the change or addition to the Minister within 15 days instead.
Article 46(1) subparagraph 8 makes a breach of Article 20 a ground on which deportation may be ordered. Subparagraph 9 covers a person who changes or adds a place of work without the permission required by Article 21(1), and a person who employs or brokers in breach of Article 21(2).
Immigration Control Act, Articles 20, 21 and 46. Act No. 20992, in force from 23 January 2026. Whether you fall within the specialist exception in the proviso to Article 21(1) depends on the Presidential Decree and should be confirmed for your status.
What usually happens in practice
The distinction people miss is between the two provisions. Moving to another employer doing the same kind of work is an Article 21 question. Doing a different kind of work, including work on the side, is an Article 20 question, and it is the one that catches people out: teaching privately, freelancing, helping at a friend’s business, or taking paid work in a field outside your status all fall under it even where the hours are small.
Timing is the other trap. Both provisions are framed around permission obtained in advance. Starting first and applying afterwards is not the same thing, and the specialist exception in Article 21(1) is an exception to the timing for a defined group, not a general grace period.
Because Article 46(1) subparagraphs 8 and 9 tie both back to deportation grounds, what feels like a paperwork issue sits on the same list as much more serious conduct. That is why it is worth resolving before it is discovered rather than after.
What you should do next
- Work out first whether your situation is Article 20 or Article 21. They are different applications.
- Apply before you start. Both are framed as prior permission.
- Do not assume small or occasional paid work falls outside Article 20.
- If you are already working outside your status, take advice before the next renewal rather than at it.
Related
Do I have to report a change of address in Korea?
Departure order or deportation in Korea?
How a criminal charge affects your visa in Korea
Immigration and residence status answers
All Korean law answers
Full guide: Deportation and re-entry in Korea
Tell us about your case
Send the facts and the stage your case is at. A Korean attorney reviews it and replies. No need to call first.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.
