불법취업 Illegal Employment 배달라이더 Delivery Rider

박동진 변호사

Attorney at Lawfirm Dongju

Prosecutor at the Seoul Western, Geochang, Cheongju, Daegu (Violent Crimes Division), Seoul Southern, Bucheon, Daegu, and Seoul Northern District Prosecutors’ Offices and their Branch Offices (1992–2005) 

Prosecutor, Seoul High Prosecutors’ Office (2006, 2016–2018) 

Prosecutor, Jeonju Branch of Gwangju High Prosecutors’ Office (2008); Jeju Branch (2009) 

Chief Prosecutor, Criminal Division 1, Daegu District Prosecutors’ Office, Western Branch (2007); Chief Prosecutor, Criminal Division 2, Daejeon District Prosecutors’ Office (2010) 

Chief Prosecutor, Jinju Branch of Changwon District Prosecutors’ Office (2012) 

Chief Prosecutor, Wonju Branch of Chuncheon District Prosecutors’ Office (2013) 

Advisor to the Chairperson, Anti-Corruption and Civil Rights Commission of Korea (2014) 

Chief Prosecutor, Gyeongju Branch of Daegu District Prosecutors’ Office (2015) 

Chief Prosecutor, Major Economic Crimes Investigation Team, Busan District Prosecutors’ Office (2019, 2020) 

Head and Chief Prosecutor, Major Economic Crimes Investigation Team, Seoul Central District Prosecutors’ Office (2021, 2022)

세줄요약

• F2, F5, F6 비자를 제외한 비자로 체류 중인 외국인은 출입국관리법에 따라 배달업에 종사할 수 없습니다.

• 배달대행라이더로 불법취업한 외국인은 형사처벌 대상이 될 수 있으며, 나아가 사범심사에서 강제퇴거 처분을 받을 수 있습니다.

• 불법취업 과정에서 명의대여까지 했다면 상황은 더욱 불리해질 수 있기 때문에 외국인노동변호사 상담을 통해 대응 방안을 모색해야 합니다.

외국인 배달대행라이더 불법취업 및 명의대여 적발, 처벌수위와 대응법 소개

Foreign nationals illegally working as a Delivery Rider in South Korea : What’s the criminal penalty and how to respond to it?

Hello, this is Lawfirm Dongju.

Illegal employment issues have recently drawn public attention following discussions at the Inspection of State Administration. In particular, it has been reported that the number of foreign nationals caught working illegally as delivery riders has increased seventeenfold over the past three years.

Under the Immigration Act of South Korea, foreign nationals who do not hold F-2 (Resident), F-5 (Permanent Resident), and F-6 (Marriage Migrant) are not eligible to work in delivery sector. Those who violate the law may face legal penalties.

The situation can become even more serious if name lending is involved along with illegal employment. Such conduct may be viewed as evidence of deliberate circumvention and may adversely affect sentencing level.

Furthermore, the foreign national end up facing Deportation Order after Immigration Violation Screening.

If you are involved in such a matter, we advise you to seek legal help from Lawfirm Dongju where attorneys with experience as senior judges and senior prosecutors are available to assist with your case.

01. What is the criminal penalty for working illegally as a foreign delivery rider?

Delivery work has a relatively low entry barrier and offers the potential to earn a substantial income depending on an individual's performance and working hours. For foreign nationals who need to cover living expenses or tuition fees, delivery sector can be particularly attractive.

However, foreign nationals who do not hold F2, F5, F6 visa are not allowed to work in delievery sector by the Immigration Act. Those who violate the law may end up facing legal issues.

Article 18 of the Immigration Act provides that a foreign national must obtain a status of stay that permits employment activities in accordance with the applicable laws and regulations before engaging in employment in South Korea.

Violation of Article 18 may be punishable under Article 94 of the same Act by imprisonment for up to three years or a fine of up to KRW 30 million.

It is important to understand that this is a statutory criminal penalty, and does not necessarily reflect the sentencing level imposed in an individual case. This means the final verdict may differ depending on the circumstances and the court's assessment on sentencing factors.

02. What happens if you borrowed another person's identity to work as a delivery rider?

Foreigners who wish to work in delivery sector must pass identity verification established by delivery platforms.

As a result, some foreign nationals who are unauthorized to work as delivery riders end up borrowing another person’s identity to bypass the verification process. However, this can make things worse.

Borrowing another person's identity may serve as evidence that he or she knew about Illegal Employment. Depending on the circumstances, this may strengthen the assessment that the conduct was deliberately made.

In addition, the identity borrowing itself violates several Acts such as the Resident Registration Act and the Criminal Act. Moreover, monetary compensation may be asked if delivery platforms suffered direct or indirect losses as a result

Therefore, those who are facing both the Illegal Employment and the Borrowing Identity Accordingly may require a more comprehensive legal response.

03. How should you respond after being caught working without authorization as a delivery rider?

The first step is to establish a clear and accurate account of the circumstances that led to the Illegal Employment.

Even if two individuals are engaged in the Illegal Employment, the sentencing levels can be different depending on the awareness of the legal issue. It is also important to determine if any additional conduct can be applied to the case or not.

Next, you should carefully prepare for statements that can be made during Police Interrogation or Court Proceedings. This is because anxiety and pressure can cause individuals to give inaccurate, inconsistent, or confusing statements.

Depending on the circumstances, such inconsistencies may be interpreted unfavorably and could undermine the credibility of the statements.

You should also gather materials that may support a more favorable sentencing outcome. Such materials may help explain the circumstances that led to the conduct, and may lead to legal relief.

Preparing for Immigration Violation Screening is equally important. This is because Illegal Employment may lead to Deportation Order.

If you need assistance with Illegal Employment case, we encourage you to seek for advice promptly.

04. FAQ about illegally working as a delivery rider

Q1. What happens if I am caught falsifying documents to work as a delivery rider?

Depending on the nature of the document and the circumstances of the alleged conduct, the case may involve Forgery of Public or Private Documents.

Forgery of Public Documents may be punishable by imprisonment for up to ten years. Forgery of Private Documents may be punishable by imprisonment for up to five years or a fine of up to KRW 10 million.

Q2. Can I challenge Deportation Order if I believe it is excessive?

If you believe that Deportation Order is disproportionate in light of the circumstances of your case, you may ask for a review of the decision through the applicable administrative objection procedures or administrative litigation.

However, overturning an administrative disposition that has already been issued can be difficult. It is therefore advisable to consult an attorney experienced in this case.

Q3. Can the person who lent his or her identity also face legal consequences?

The person who lent his or her identity may also face legal consequences, since the identity has been involved in Illegal Employment.

The law applied and the sentencing level can differ depending on the circumstances.

05. Illegal Employment : Is it worth the risk?

Some foreign nationals continue working as delivery riders believing that the work remains financially worthwhile despite the possibility of paying a fine.

However, given the increased public and governmental scrutiny of illegal employment, it is dangerous to assume that the consequences will be always minor.

One must understand that there is a possibility of Deportation Order depending on the circumstances.

If you have become involved in an Illegal Employment case, seek advice from an experienced attorney to assess your circumstances and develop an appropriate legal response.