HOME INSIGHTS All

12 FEB 2020

Applying for D-8 visa in Korea

TOPIC : Visa

The Republic of Korea offers a range of visas for foreigners looking to settle in the country. However, in this article, we will look at the provisions for the application of D-8 (business investment) visa.

If you want to set up a small business in Korea, the D-8 visa is just the right thing for you. Apart from this, the D-8 visa also covers the requirements of foreign employed managers of domestic companies, officers, senior managers or employees with expertise.

Business Investment Visa (D-8)

1. Eligibility for a D-8 Visa

A business investment (D-8) visa is suitable for key professional experts involved in the management, corporate governance, manufacturing, engineering, or research of a foreign-invested enterprises, according to the Foreign Investment Promotion Act.

Foreigners employed within Korea, general managers or engineers and service companies who can be substituted by local manpower resources do not fall in the category of critical professional experts.

Key Professional Experts

· Specialist

A highly professional individual with exclusive expertise and knowledge vital for research, design, and technology and management core to the service provided by the company, is a specialist.

· Senior Manager

A senior manager is in charge of the operations and business activities of a company, or the objectives and policies of a department. Top leadership (barring specialized service providers) or staff members who directly provide services, are not part of this classification.

· Executives

An executive is an individual with fundamental control over business administration and major say in decision-making. Being among the topmost members of a company, an executive reports exclusively to the Board of Directors and shareholders. (An executive has no direct participation in the service delivery or the organization’s service-linked business.)

2. Application and Issuance

The process to get a business investment (D-8) visa is as follows:

· A foreigner is required to present the concerned papers to an overseas diplomatic mission to apply for issue of visa. The chief of a diplomatic mission is authorized to issue a business investment (D-8) visa for a maximum of one year stay.

· If the authority that issues visas is not with the head of a diplomatic mission abroad, a foreigner can submit an application for issue of visa once he/she get a certificate of confirmation of issue of visa or a certificate number, from the immigration control office that regulates the inviter’s place of stay.

· If a foreigner is in Korea without a visa or with a short-term visa due to compelling reasons, he/she can apply for permission to change the status of sojourn at the immigration office that decides his/her place of sojourn or at KOTRA’s Investment Consulting Center.

Korea Business Visa, Korea Investment Visa, Korea Entrepreneur Visa

Essential Paperwork for a Business Investment (D-8-1) Visa

Approximate paperwork that may be required for review

· Dispatch order in the case of employees sent to Korea

· Description of modifications in shareholders (master copy)

· Corporation registration certificate released in the last quarter

· Foreign-invested company registration certificate copy

· Business registration certificate copy

· With respect to citizens of countries having a lot of cases of tuberculosis, a certificate of tuberculosis examination is a must (provided by the local community health center)

· Application form for issue of visa or application form for confirmation of issue of visa

· Passport (copy of passport in the case of application for issue of visa), color photo for passport, service charges

· Employment certificate from the company headquarters (for employees sent to Korea)

· Certificates of education as a crucial professional expert (any of the following): technical certifications (for engineers), career certificate, company hierarchy, diploma

· Statement proof of tax payment (specifying payment of corporate tax, grade A gained income tax, etc.)

· Paper confirming the place of sojourn (property rental agreement, etc.)

· Paper affirming introduction of investment funds

· Cash investments – Document showing permit to deal in foreign currency, from the tax authority or bank (financial institution) of the investor’s country of origin (where appropriate) – Description of introduced investment funds (remittance certificate, certificate of buying foreign exchange, customs entry, etc.)

· Material investment – Copy of completion certificate of material investment (from the Commissioner of Korea Customs Service) – Completion Certificate of import declaration

· Other papers for submission by each investor, with investment below KRW 300 million

· Record certification of capital spending

o Receipt for goods bought, office interior decor expenditure, etc.

o Withdrawal and deposit logs of a domestic bank account, etc.

· Withdrawal and deposit logs of business account

· Document endorsing an operational business setup

o Office lease contract

o Snapshot of building, work facility, signposting, etc.

· Certificate verifying business experience in the relevant industry or field (if necessary)

Service charges (revenue stamp): Is different in different countries because of reciprocity principles. The exact amount can be found out from a diplomatic mission.

* There is no processing fee to apply for the certificate of confirmation of issue of visa

Further, there are 4 types of D-8 visas, with different paperwork requirements of each type.

D-8-1 Incorporated Enterprise Visa

For qualifying candidates posted in a foreign invested company, in line with the Foreign Investment Promotion Act. (Excluding Cuba)

The aim must be to invest in a Korean enterprise (including the ones that are being established).

The minimum investment must be of 100 million KRW, along with a minimum of 10% of the total capital stocks of the company, besides the voting right or a contract of dispatch and hiring of executives.

Essential Paperwork

· Valid passport

· Visa Application form

· Fee

· One standard-size photograph

· Proof of employment of assignment abroad

· Dispatch order (should have the dispatch period)

· Photocopy of business registration certificate

· Documents showing the movement of capital investment

· Foreign investment report form or a copy of investment company registration certificate

D-8-2 Business Venture Visa

for commercial enterprises adhering to the Special Act on the Growth of Business Ventures (excluding China and Cuba)

Essential Paperwork

· Business Venture Confirmation or Prospective Business Venture Confirmation

· Photocopy of Business Registration Certificate

· Fee

· One standard size photograph

· Photocopy of passport

· Visa application form

· Paperwork that shows you either have the copyrights or matching expertise. Instances of this paperwork may be Patent right card (Korean Intellectual Property Office), Utility Model Right registration card (Korean Intellectual Property Office) and Korea Technology Finance Corporation or Small and Medium Business Corporation Assessment Test Result.

D-8-3 Unincorporated Enterprise Visa

for foreigners who have invested in a company run by a Korean national

Documents required

· Fee

· Visa Application Form

· One Standard Size Photograph

· Passport

· A copy of investment company registration certificate or a foreign investment report form

· Paperwork validating the use of startup capitals by a Korean local, also the cofounder

· Authentic document of Business Partnership Agreement

· A photocopy of Business Registration Certificate displaying the name of c-founder

· Paperwork showing the transfer of investment capitals. Examples of these are declaration of foreign currency transfer or confirmation of remittance released by the Customs or a bank (financial institution) of the concerned country, photocopy of investment in Kind Completion Confirmation Letter (from the Chief of Korea Customs Service)

Extra paperwork for individual investor with investment lower than 300 million KRW

Paperwork showing information of the use of the investment funds product purchase receipt, office interior fee, deposit/withdrawal records of a domestic bank account, etc.

Conclusion

Though it may sound straightforward. The task of applying for a D-8 visa in Korea has its set of complications that we can easily resolve. For all the help to get a D-8 visa in Korea, do get in touch with us.

Explore More Insights

Korea Company Formation: Navigating Joint Ventures for Success

Ensuring the prosperity of your business in Korea requires skillfully crafting a Korean joint venture, beginning from the establishment of your relationship with joint venture partner(s). Merely relying on downloaded joint venture contracts or partnership agreements from the internet is insufficient. It's vital to delve into your partner's mindset and background, understanding their specific needs. In many cases, non-Korean entities can succeed in Korea without entering a joint venture with a Korean partner. Conversely, Korean entities may not prioritize or adhere to the criteria outlined in joint venture agreements. This article offers an overview of critical aspects of joint venture agreements in the Republic of Korea, emphasizing the importance of a customized approach to ensure success in company formation. Considerations for Company Formation Before embarking on a joint venture in Korea, your consultant must meticulously address several vital aspects related to your company formation and incorporation instruments.1. Clearly define the obligations, tasks, roles, securities, and expectations of each partner.2. Establish guidelines for dispute resolution, including language and medium.3. Determine the governance hierarchy within the joint venture.4. Plan for assessment, conclusion, and potential termination of the joint venture.5. Outline recourse mechanisms for any infringement issues.6. Develop a contingency plan for unforeseen challenges.7. Evaluate the inclusion of external investors in the joint venture.8. Define the duty of care expected from each partner.9. Restrict the authority of the representative director in company formation.10. Specify the authority to hire and dismiss the representative director.11. Clearly articulate the development goals of the joint venture.12. Decide whether to maintain majority control or include minority protection clauses.13. Plan for the reinvestment of earnings generated by the joint venture.14. Consider hiring an independent accountant and employing an impartial legal auditor.15. Evaluate the anticipated benefits from the joint venture.16. Determine the financial implications associated with the joint venture. 17. Define the mission and objectives of the joint venture.18. Explore various financing options available for company formation.19. Select the appropriate business structure, such as Chushik, Yuhan, etc. This list covers essential considerations, and additional factors may apply based on the unique circumstances of your company formation in Korea. Successful Business Ventures in Korea Achieving success in joint ventures in Korea hinges on specific circumstances that carry significance for all parties involved. Several critical scenarios often lead to prosperous joint ventures: 1. Utilizing Established Channels: When the Korean party can directly access established distribution channels or logistics chains and the non-Korean party offers a compatible product, a distribution/license agreement may be preferable to a joint venture. However, careful consideration is advised to avoid potential harm to the relationship. 2. Industry Restrictions and Specialization: In industries less open to foreign involvement, such as publishing, a joint venture becomes relevant when the Korean party requires specialization or financial capital from the non-Korean side for industry success. It's crucial to acknowledge that industry-specific regulations may lead to significant financial losses, and reliance on government connections doesn't guarantee favorable outcomes. 3. Financial Constraints and Innovation: When the non-Korean party lacks funds to commercialize an innovation, and the Korean side has a new product line or manufacturing capabilities, a joint venture can facilitate collaboration. However, careful consideration is necessary, as the learning curve and collaboration requirements may be time-limited. 4. Dominance in Niche Industries: In industries with few players but high activity levels, joint ventures offer advantages like instant access to key stakeholders for the non-Korean party and access to technology for the Korean side. Often observed in joint ventures between Korean corporations (chaebols) and multinational firms, these collaborations are temporary and involve extended negotiation periods. Critical Considerations for Effective Business Ventures Several significant scenarios significantly impact joint ventures, underlining the importance of well-crafted shareholder agreements and association instruments: 1. Legal Disputes among Shareholders: Effective joint venture planning is crucial when a client, holding a small share in a company reliant on foreign investment in Korea, becomes embroiled in legal disputes with other shareholders over majority and fellow stockholders' issues. 2. Misuse of Company Profits: Situations where the majority shareholder, controlling the representative director, excessively uses company profits for personal expenses and conducts business between the company and private ventures pose challenges to equitable distributions. Meticulously crafted shareholder agreements can mitigate such risks. 3. Challenges in Finalizing Joint Ventures: Many cases witness challenges in finalizing joint ventures due to poorly designed shareholder agreements and association instruments. A well-structured shareholding approach is vital to prevent such complications. 4. Importance of Legal Counsel: Engaging a qualified attorney to draft a Korean shareholder agreement and association instruments is prudent, particularly for individuals with affluent lifestyles. Ensuring the attorney possesses expertise and tailors the approach is crucial to avoid generic agreements that may lead to conflicts. 5. Avoiding Generic Agreements: It's imperative to avoid attorneys who offer generic form agreements at low costs. Each joint venture agreement in Korea is unique, and generic forms may indicate a lack of diligence, potentially leading to conflicts. Investing in a well-crafted and tailored approach is essential for effective joint ventures. Essential Aspects in Business Ventures1. Focus, prudence, and thorough investigation;2. Restricting the authority of the representative director;3. Retaining the right to hire and dismiss the representative director;4. Safeguarding control over the company seal;5. Upholding majority control or including minority protection clauses; and6. Appointing an Independent Accountant and utilizing an impartial statutory auditor. Conclusion To conclude, the success of business endeavors in Korea, particularly through joint ventures, relies on thorough planning, understanding partner dynamics, and tailoring agreements to specific circumstances. The comprehensive considerations outlined for company formation highlight the intricate nature of the Korean business environment and the necessity for a strategic approach. The success scenarios presented illuminate specific contexts where joint ventures offer advantages, underscoring the nuanced dynamics of international collaborations. Pearson & Partners, a consulting firm specializing in facilitating expansion into Korea, is poised to assist in this intricate process. With expertise in incorporation and tax accounting services, Pearson & Partners ensures a seamless and comprehensive entry into the Korean market. Their dedication to excellence aligns with the nuanced requirements discussed, offering invaluable support for businesses navigating the complexities of joint ventures and company formation. Get in touch with us to embark on a successful journey in establishing and expanding your presence in Korea.

Expanding into the Korean market through sales on the Coupang Marketplace.

If you aim to engage in commerce with consumer goods in South Korea, understanding how to collaborate with Coupang is crucial. Additionally, it would help if you decided whether to operate domestically or internationally. If you lack a local partner in Korea, utilizing Coupang Global Marketplace presents an attractive opportunity for accessing the Korean food, beverage, and fashion market. About Korea Coupang Coupang is a South Korean e-commerce company that was founded in 2010 by Bom Kim, a Harvard Business School dropout. The company's name is derived from the Korean word "쿠팡," which means "rocket." Coupang started as a daily deals platform, similar to Amazon, offering discounted products and services to customers in South Korea. However, it quickly evolved into a full-fledged e-commerce marketplace, offering a wide range of products including electronics, fashion, beauty, groceries, and more. One of Coupang's key innovations is its logistics infrastructure, particularly its own delivery network known as "Coupang Logistics." This infrastructure includes automated warehouses, fulfillment centers, and a large fleet of delivery vehicles. Coupang's focus on improving delivery speed and reliability has been a significant factor in its success, allowing it to offer same-day and next-day delivery services to customers across South Korea. Over the years, Coupang has attracted significant investment from various sources, including SoftBank, Sequoia Capital, and BlackRock, among others. The company has used this funding to fuel its expansion and innovation efforts. In 2014, Coupang launched its "Rocket Wow" service, which offers guaranteed delivery within 24 hours for select items in certain areas. This service further solidified Coupang's reputation for fast and reliable delivery. In 2018, Coupang expanded its reach beyond South Korea by launching Coupang Global, an international shipping service that allows customers in other countries to purchase products from the Coupang platform. In 2021, Coupang made headlines with its highly anticipated initial public offering (IPO) on the New York Stock Exchange (NYSE), raising over $4 billion and becoming one of the largest IPOs by an Asian company in the United States. As of my last update in January 2022, Coupang continues to be a dominant force in the South Korean e-commerce market, known for its innovative technology, extensive product selection, and efficient logistics operations. Coupang's Distinctive Edge: Revolutionizing Logistics and Customer Experience Coupang stands out among other platforms primarily due to its exceptional logistics services and unwavering dedication to enhancing the customer experience. The founder's vision was to tackle issues such as lengthy delivery times, costly shipping with restrictions on products and cutoff times, and excessive packaging waste alongside unrestricted returns. The solution emerged as an end-to-end integrated system utilizing state-of-the-art technology to impress both customers and vendors alike. Employing a data-driven approach, Coupang ensures that customer and vendor satisfaction is consistently monitored and enhanced throughout every stage of the process, resulting in significantly improved tracking efficiency. In essence, consumers are provided with a premium purchasing experience at a reasonable cost. Rocket Wow Rocket Wow is a subscription-based service akin to Amazon Prime, priced at approximately €2 monthly. It encompasses complimentary deliveries and returns, exclusive discounts on select items, standard one-day delivery, and the added perk of receiving Rocket Fresh products (such as food and beverages) by 7 am for orders placed before midnight. Elevating Customer Experience: The Impact of Coupang's Obsession with Service Coupang's relentless dedication to enhancing the customer experience is evident through the remarkable impact on spending observed among Rocket program members. This underscores the effectiveness of prioritizing loyal customers. Korean clientele particularly appreciates the convenience and swift delivery, even on weekends and holidays. Moreover, features like Coupang Pay and the extensive use of reusable packaging, accounting for 75% of materials, contribute to the overall appeal of shopping on the platform. Food Selections Coupang boasts an extensive array of fresh produce and international cuisine sourced globally. Additionally, Coupang Eats offers convenient delivery options from a variety of restaurants. Amid the pandemic, the platform introduced live-streamed content covering cooking tutorials and entertainment, coupled with product sales. Coupang's Global Marketplace Coupang's Global Marketplace was established to meet the increasing need for premium imported goods, providing numerous benefits for both buyers and sellers. While cross-border selling can be lucrative for international brands and serve as a valuable market testing avenue, certain product categories are restricted. In the realm of "food and beverage," prohibited items include refrigerated or frozen products, alcohol, cigarettes, and medicine. Becoming a Vendor on the Global Marketplace We can assist you in registering as a global seller on Coupang through Pearson Partners Korea. Feel free to reach out to us for inquiries. Documentation A copy of your business license proof of your ID the proof of who owns your business Provide the contact person's name and phone number for verification A bank letter or statement showing your account in the same name as your business license Do you want to be a successful seller on Korea Coupang?Please refer to this article “How to Become a Successful Seller on Coupang." About the fees & payments?When it comes to selling on the Global Marketplace, the costs are quite economical compared to other Asian marketplaces like Alibaba’s T-mall, jd.com, or Shopee. The commission rates vary by category, typically falling between 4% to 11%. Additionally, there are no additional fees involved. Vendors receive their earnings from deliveries monthly and have the option to receive payments in major currencies such as GBP, EUR, or USD. Conclusion Entering the Korean market through sales on the Coupang Marketplace presents a lucrative opportunity for global sellers. With its innovative logistics infrastructure, extensive product selection, and commitment to customer satisfaction, Coupang continues to dominate the South Korean e-commerce landscape. Our consulting company, Pearson Partners Korea, is here to facilitate your registration as a global seller on Coupang and guide you through the process. As you consider this endeavor, it's important to understand the fees and payment structure, which are notably competitive and transparent. By leveraging our expertise and the resources provided in this article, you can position yourself for success in the thriving Korean e-commerce market.

South Korea's E-commerce Landscape: Innovations and Challenges

In the realm of digital commerce, South Korea stands out as a pioneering force, distinguished by its innovative strategies and swift adaptation to consumer demands. Its e-commerce landscape reflects not only technological advancement but also a consumer-driven economy that seamlessly blends tradition with modernity. Delving into this dynamic market, we uncover the driving forces behind its expansion, the distinctive behaviors of its consumers, the technological innovations shaping its trajectory, and the challenges confronting businesses entering this vibrant domain. Market Growth and Scale South Korea's e-commerce market, a powerhouse in the digital realm, boasts a formidable position as the sixth-largest globally, with annual revenues surpassing $92 billion. This market is on a trajectory of robust growth, projected to soar to approximately $389.89 billion by 2026, with a compound annual growth rate (CAGR) of 19.92%. This remarkable surge is fueled by a combination of factors, including advanced digital infrastructure, widespread internet access, and a strong consumer appetite for online transactions. Together, these elements propel the market forward, rendering it a hub for digital retail innovation and investment. Diverse Consumer Engagement Diverging from traditional e-commerce demographics, South Korea's digital marketplace showcases remarkable inclusivity, engaging a broad spectrum of consumers across all age groups. This broad appeal necessitates businesses to devise strategies tailored to resonate with diverse audiences, spanning from digitally adept youths to more mature demographics. In South Korea, the integration of e-commerce into daily life transcends generational boundaries; it permeates throughout society. This cultural shift signifies that digital shopping is not merely a convenience but a lifestyle choice embraced by individuals of all ages, reshaping the consumer landscape for online retailers. Advancement of Payment Systems and Retail Dynamics A key driver of South Korea's e-commerce triumph is its progressive approach to payment systems. Spearheaded by innovative non-bank entities like Kakao and Samsung Electronics, these systems have redefined online transactions, fueling the rise of mobile payments. Simultaneously, traditional retail experiences undergo a transformative shift. Brick-and-mortar establishments transcend mere transaction points, evolving into immersive hubs offering experiential shopping. The emergence of concept stores and pop-up shops, prioritizing engaging customer interactions, signals a paradigm shift in retail strategy. This fusion of digital payment convenience and experiential retailing is reshaping the retail sphere, establishing new standards for consumer expectations and purchasing behaviors. Obstacles for International Entrants The allure of South Korea's e-commerce landscape is undeniable, yet it presents distinctive hurdles, particularly for foreign enterprises. A significant challenge lies in navigating the intricacies of payment processing, largely due to the dominance of local credit card brands. Furthermore, foreign firms encounter regulatory and institutional complexities that can hinder market entry and operations. Successfully maneuvering through these challenges necessitates a profound comprehension of local market dynamics, regulatory frameworks, and consumer preferences. Flourishing in this market demands not only a robust business model but also the adaptability to thrive within a multifaceted and evolving ecosystem. In Summary South Korea's e-commerce arena shines as a beacon of innovation, growth, and opportunity in the digital era. It embodies expansive growth, diverse consumer engagement, pioneering payment solutions, and distinct challenges. For businesses aspiring to thrive in this dynamic milieu, a nuanced understanding of these diverse facets is indispensable. As South Korea continues to lead in digital retail innovation, its e-commerce realm remains fertile ground for both domestic and international enterprises, brimming with prospects for those equipped to navigate its dynamic landscape. Pearson & Partners - Streamlining Market Entry into Korea At Pearson & Partners, we specialize in facilitating seamless market entries into Korea. Our services encompass visa acquisition and tax accounting, tailored to navigate the intricacies of Korean business regulations. With our expertise, your business endeavors in Korea are not only compliant but also efficient. Reach out to us for personalized assistance that aligns perfectly with your unique business needs and objectives.

Explore All Insights

We bring the World to Korea, and take Korea to the World.

Applying for D-8 visa in Korea

Business Investment Visa (D-8)

1. Eligibility for a D-8 Visa

Key Professional Experts

2. Application and Issuance

Essential Paperwork for a Business Investment (D-8-1) Visa

D-8-1 Incorporated Enterprise Visa

Essential Paperwork

D-8-2 Business Venture Visa

Essential Paperwork

D-8-3 Unincorporated Enterprise Visa

Documents required

Conclusion

Explore More Insights

Korea Company Formation: Navigating Joint Ventures for Success

Expanding into the Korean market through sales on the Coupang Marketplace.

South Korea's E-commerce Landscape: Innovations and Challenges

Thank you for your interest in Pearson.