If a person who is not an investor is registered as a director of a foreign-invested enterprise and then applies for a change of status, the manual treats them not as dispatched from the foreign investing company or as an individual investor but as directly hired in Korea by the enterprise, so they fall under specific activities (E-7), not D-8. D-8-1 essential personnel are limited to fully established corporations and exclude persons hired in Korea; the investment requirement is at least 100 million won with ownership of 10% or more of the voting shares, or share ownership combined with a contract to dispatch or appoint an executive.
Key Summary
- Non-investor registered as director then applying: treated as direct hire in Korea, not dispatched or an individual investor, so E-7
- D-8-1 essential personnel apply only to established corporations; persons hired in Korea are excluded
- D-8-1 investment requirement: at least 100 million won and 10%+ of voting shares (or share ownership plus a contract to dispatch/appoint an executive)
- Documents include the corporate registry copy, original shareholder change statement and foreign-invested enterprise registration copy
1. Do I get D-8 if I am made a director?
Being registered as a director without being an investor does not by itself make you a D-8 case. The manual treats an application for change of status after registering a non-investor as a director as direct hire in Korea by the foreign-invested enterprise and points to E-7.
2. Who are D-8-1 essential personnel?
Essential personnel engaged in management or production/technology at a Korean corporation that is a foreign-invested enterprise under the Foreign Investment Promotion Act. Only established corporations count, and persons hired in Korea are excluded.
3. What is the investment requirement?
The target is a Korean corporation, with an investment of at least 100 million won and ownership of 10% or more of the voting shares, or share ownership combined with a contract to dispatch or appoint an executive.
4. Which documents are needed?
Application, passport and alien registration card, photo, business registration copy, corporate registry copy, original shareholder change statement, foreign-invested enterprise registration copy, proof of investment funds brought in, business performance proof, proof of residence and proof the business site exists. For transferee activity, add the dispatch order and employment certificate.
5. Points on director composition
- Separate whether each person is the investor, dispatched by a foreign head office or hired in Korea, and build documents accordingly
- Check that the shareholder change statement and the corporate registry director entries match
- Before incorporation is complete, D-8-1 cannot be applied for
6. Common problems
- Believing director registration alone gives D-8
- Trying to apply for D-8-1 before incorporation is complete
- Applying as a dispatched person without a dispatch basis
7. How A-One Certified Administrative Agent can help
We sort out the investor, dispatched and locally hired categories and the matching status route (D-8, D-7, E-7). No result can be promised, and we do not handle litigation or court representation (outside the scope of an administrative scrivener).
Frequently Asked Questions
Does director registration give the same D-8 as an investor?
If a non-investor is registered as a director and applies, they are treated as directly hired in Korea and pointed to specific activities (E-7).
Are people hired in Korea covered by D-8-1?
Persons hired in Korea are excluded from essential personnel.
Can I apply for D-8-1 before incorporation?
Only fully established corporations count.
How much must be invested?
At least 100 million won with ownership of 10% or more of the voting shares, or share ownership with a contract to dispatch or appoint an executive.
Could I come as an intra-company transferee (D-7)?
If dispatched by a foreign head office, a separate route with transferee-activity documents such as a dispatch order is described.
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Consultation
에이원 행정사사무소 (A-One Certified Administrative Agent) is an administrative office that supports document preparation and filing with the authorities. Fees vary by case and are explained during a consultation. Phone 02-309-3107 · Contact: https://investkorea.co.kr/en/contact