Date of publication:

07/07/2025

Republic of Korea (the)

Please describe the institutions at the national and sub-national (central and local) levels responsible for implementing laws and policies related to the rights of forcibly displaced persons. 

ANALYSIS

1.  Central Level 

Under the current legal framework of the Republic of Korea, the Ministry of Justice is responsible for refugee screening and management. According to the Refugee Act, refugee status determination (RSD) applications must be submitted to the Ministry of Justice, and fact-finding investigations related to refugee recognition are also conducted under the authority of the Minister of Justice (Article 5, 10). Consequently, appeals against refugee status denial decisions must be filed with the Minister of Justice, as stipulated in Article 21 of the Refugee Act. 

2. Sub-Central Level 

The Ministry of Justice operates the Korea Immigration Service which is the headquarter for Immigration and Foreigner Policy, under which the Refugee Policy Division and the Refugee Appeal Division are established. 

The Refugee Policy Division oversees matters related to the recognition or rejection of refugee status, the treatment and support of recognized refugees, the operation of refugee support facilities, and cooperation with international organizations such as UNHCR. 

The Refugee Appeal Division is responsible for handling administrative appeals against refugee status denial, revocation, or cancellation of refugee recognition, as well as matters related to the composition and operation of the Refugee Committee. 

According to Article 25 of the Refugee Act, the Refugee Committee is established within the Ministry of Justice. The Refugee Committee deliberates on administrative appeals, although the final decision rests with the Minister of Justice. 

Under Article 29 of the same Act, the Minister of Justice and the Refugee Committee are obligated to cooperate with the UNHCR in its function of supervising implementation of the 1951 Convention. 

3. Local Level 

The Korea Immigration Service operates regional immigration offices across the country. Major immigration offices include the Incheon Airport Immigration Office, Seoul Immigration Office, Suwon Immigration Office, and Ansan Immigration Office. They are responsible for handling refugee applications and granting refugee status in their respective areas. 

Additionally, as a support facility for refugees and other foreign residents, the Immigration and Foreigners Support Center has been established and is operated on Yeongjong Island, Incheon. 

Local district offices within major cities may also provide welfare services and support for refugees who reside in their jurisdiction.   

    LAW & POLICY

    Related provisions of domestic law or policy

    Refugee Act

    Legal provision

    Article 5 - Application for Refugee Status

    (1) Any person who intends to obtain refugee status as a foreigner within the Republic of Korea may apply for refugee status with the Minister of Justice. In such cases, the foreigner shall submit a written application for refugee status to the head of the local immigration office or foreigner-related office. (2) Where filing an application under paragraph (1), the following documents shall be submitted: 1. A passport or a certificate of foreigner registration: Provided, That where it is impossible to present such, a written explanatory statement thereon; 2. Where there are materials, such as reference documents for refugee status screening, such materials. (3) An application for refugee status shall be filed in writing: Provided, That where the applicant does not know how to write or is unable to complete an application form on the grounds of disabilities, etc., the public official who receives the application shall complete the application form and write down his/her name or affix his/her name and seal together with the applicant. (4) An immigration control official shall positively help foreigners who inquire about applying for refugee status or express their will to apply therefor. (5) Where the Minister of Justice receives an application for refugee status, he/she shall issue a certificate of receipt to the applicant immediately. (6) A refugee applicant may stay in the Republic of Korea until a decision of recognition or non-recognition of refugee status is made final and conclusive (where an administrative appeal or administrative litigation against a decision of non-recognition of refugee status is under way, until such procedures are complete). (7) Matters necessary for detailed methods, procedures, etc. of application for refugee status other than those provided for in paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Justice.

    Article 25 - Establishment and Organization of Refugee Committee

    (1) In order to deliberate on objections prescribed in Article 21, the Refugee Committee shall be established in the Ministry of Justice (hereinafter referred to as the "Committee"). (2) The Committee shall be comprised of not more than 15 members, including one Chairperson. (3) The Committee may have sub-committees.

    Article 29 - Exchanges and Cooperation with UN Refugee Agency

    (1) Where the UN Refugee Agency requests statistical data and other materials on the following matters, the Minister of Justice shall cooperate: 1. The status of recognized refugees and refugee applicants; 2. The situation of implementation by the Refugee Convention and the Refugee Protocol; 3. Refugee-related statutes (including prior announcement of legislation). (2) The Minister of Justice shall, when requested by the UN Refugee Agency or refugee applicants, cooperate to enable the UN Refugee Agency to conduct the following acts: 1. Interviewing refugee applicants; 2. Participating in the interviews of refugee applicants; 3. Presenting opinions on application for refugee status and objections. (3) The Minister of Justice and the Refugee Committee shall provide the UN Refugee Agency with convenience so that it can smoothly conduct the duty to check the situation of implementation of the Refugee Convention and the Refugee Protocol.