[Q&A] I'm facing abuse at work but my boss refuses to give me an LOR. How can I change jobs?

The Dilemma

"I'm facing verbal abuse and forced unpaid overtime at work. My employer refuses to sign off on my workplace transfer forms—how can I legally change employers?"

The Legal Reality: Freedom from Forced Labor

For many visa holders (like E-2 or E-9), changing jobs often requires a Letter of Release (LOR) or the employer's consent. This creates a situation where an abusive boss can effectively 'hold you hostage.' However, Korean law and human rights regulations provide pathways to transfer WITHOUT the employer’s consent if there is a justifiable cause.

The Ministry of Justice allows a workplace transfer without an LOR in the following situations:

Employer Breach of Contract: If your wages are delayed by 2 months or more.
Unfair Treatment: Documented cases of physical or severe verbal abuse (Workplace Bullying).
Substandard Conditions: If the working conditions differ significantly from the original contract or if mandatory insurance isn't paid.
Closure/Bankruptcy: If the business is no longer operational.

2. Proving Workplace Bullying (Abuse)

The 'Workplace Anti-Bullying Act' protects foreigners too. If you are being abused:

Record Conversations: In Korea, it is legal to record conversations you are part of. These are high-value evidence.
Document Overtime: Keep a log of your actual working hours vs. your paid hours.
File a Report: Report the abuse to the Ministry of Employment and Labor (MOEL) to get an official confirmation of the violation.

3. The Role of the MOEL Confirmation

If the MOEL confirms that your employer violated labor laws or that you were a victim of bullying, you can take this confirmation to the Immigration Office. This document acts as a substitute for the LOR, allowing you to transfer your visa to a new employer legally.

4. Switching to a D-10 Visa

If you haven't found a new job yet but need to leave the abusive environment immediately, you can apply to switch to a D-10 (Seeking Employment) visa. This gives you 6 months to find a reputable employer while staying in Korea legally.

Why Hoam Law Firm?

Employers often use the LOR as a weapon of intimidation. Hoam Law Firm specializes in 'Forced Labor Defense.' We audit your workplace conditions, identify legal violations the employer has committed, and negotiate with both the employer and the authorities to secure your freedom to move to a better job without losing your visa.

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