Can I change jobs without a "Letter of Release" from my employer?

Q: Can I change jobs without a "Letter of Release" from my employer?

Generally, yes, but only under specific legal exceptions. While a "Letter of Release" (Transfer Consent Form) is typically required for voluntary resignation, it is exempt if your labor contract has naturally expired, or if the employer is at fault—such as in cases of unpaid wages, business closure, or unfair treatment. Under Article 21 of the Immigration Act , you must provide objective evidence of these circumstances to change your workplace without the original employer's consent

Can I change jobs without a “Letter of Release” from my employer?

Generally, yes, but only under specific legal exceptions. While a “Letter of Release” (Transfer Consent Form) is typically required for voluntary resignation, it is exempt if your labor contract has naturally expired, or if the employer is at fault—such as in cases of unpaid wages, business closure, or unfair treatment. Under Article 21 of the Immigration Act, you must provide objective evidence of these circumstances to change your workplace without the original employer’s consent

1. When is a “Letter of Release” NOT required?

According to the 2026 Immigration guidelines, you can skip the consent form in the following 3 scenarios:

① Expiration of the Labor Contract

If you work until the very last day specified in your contract, you are free to move. No consent is needed because the legal obligation to that employer has ended.

② Business Closure or Bankruptcy

If the company shuts down or goes bankrupt, you simply need a “Certificate of Business Closure” (폐업증명서) to prove that the workplace no longer exists.

③ Employer’s Fault (Violation of Labor Laws)

Unpaid Wages: If your wages are delayed for more than a certain period (usually 2 months or more).
Unfair Treatment: Assault, verbal abuse, or working conditions that significantly differ from the original contract.
Note: You must provide a “Labor Law Violation Confirmation” from the Ministry of Employment and Labor (MOEL) as proof.

2. Step-by-Step Guide for “Difficult” Transfers

If your employer is refusing to sign the release letter despite their fault, follow this roadmap:

File a Complaint: Report the labor violation to the local MOEL (Labor Office).
Obtain Evidence: Wait for the official result or a “Fact Confirmation” document from the labor inspector.
Apply for Status Change: Visit the immigration office with the MOEL documents and a “Statement of Reason” (사유서) explaining the situation.
D-10 Transition: If you haven’t found a new job yet, you can often switch to a D-10 (Job Seeker) visa during this process to stay legal.

3. Critical Update for 2026: Online Reporting

Starting July 1, 2026, all Employment Information Change Reports must be filed online via HiKorea.go.kr.

If you have a valid “Letter of Release,” you can simply upload it.
If you are applying for an exception, you may still need to visit the office in person or consult an authorized agent to ensure your evidence is properly reviewed.

📊 Summary: Transfer Consent Requirements

Reason for Leaving	Letter of Release?	Required Evidence
Voluntary Quit	REQUIRED	Signed Consent Form
Contract Expired	NOT REQUIRED	Original Labor Contract
Unpaid Wages	NOT REQUIRED	MOEL Fact Confirmation
Company Closed	NOT REQUIRED	Business Closure Certificate

🔗 Official Resource: HiKorea Law Link

Read the full text of Article 21 (Change and Addition of Workplace) here:

HiKorea Official Law Portal