Enforcement Decree of the Refugee Act - Generic

(1) Where a person who has applied for refugee status (hereinafter referred to as "refugee applicant") falls under any of the following cases, the Minister of Justice may grant a humanitarian stay permit pursuant to subparagraph 3 of Article 2 of the Refugee Act (hereinafter referred to as the "Act"): <Amended on Jul. 27, 2021>

1. Where a decision that such person does not constitute a refugee is made pursuant to Article 18 (2) of the Act;

2. Where a decision of dismissal is made on an objection raised pursuant to Article 21 (1) of the Act, pursuant to Article 11 (1) 2 of this Decree.

(2) Where granting a humanitarian stay permit pursuant to subparagraph 3 of Article 2 of the Act, and paragraph (1) of this Article, the Minister of Justice shall notify the refugee applicant of the details thereof in writing. In such cases, the Minister may prepare such notice with a notice of decision of non-recognition of refugee status prescribed in Article 18 (2) of the Act or with a notice of decision to dismiss objection with or without prejudice prescribed in Article 11 (3) of this Decree, stating to the effect that a humanitarian stay permit is granted. <Amended on Jul. 27, 2021>

(3) A person who has obtained a humanitarian stay permit (hereinafter referred to as "humanitarian sojourner") shall obtain the status of stay or obtain permission to change the status of stay or extension of period of stay pursuant to Articles 23 through 25 of the Immigration Act.

(1) In accordance with Article 14 of the Act, the Minister of Justice shall have persons fluent in foreign languages and deemed suitable to conduct the duty to provide interpretation services to refugees and have completed the educational courses the Minister of Justice determines (hereinafter referred to as "interpreter dedicated to refugees") provide interpretation services in the course of interviewing refugee applicants.

(2) If requested by a refugee applicant, the Minister of Justice shall have an interpreter dedicated to refugees of the same sex as the refugee applicant.

(3) Notwithstanding paragraphs (1) and (2), where there is no available interpreter dedicated to refugees who is fluent in the language a refugee applicant speaks or in an emergency, interpretation services may be provided by the following methods:

1. First having the language used by a refugee applicant interpreted into another foreign language and then having an interpreter dedicated to refugees interpret the foreign language into Korean;

2. Having a person fluent in the language used by a refugee applicant provide interpretation services after providing the person with prior education on interpretation.

(4) The Minister of Justice may pay allowances to persons who provide interpretation services to refugee applicants as prescribed by the Minister of Justice.

Upon receipt of an objection submitted under the latter part of Article 21 (1) of the Act, the head of a Regional Immigration Service shall immediately issue a certificate of receipt to the applicant: Provided, That when a written objection is filed through an electronic civil petition window under Article 9-3 (1), the fact of such receipt may be notified by an electronic document in lieu of issuance of a receipt. <Amended on Jul. 27, 2021>

[This Article Newly Inserted on Dec. 31, 2019]

(1) The Minister of Justice shall decide on objections as follows: <Amended on Jul. 27, 2021>

1. Where the objection is deemed well-grounded: A decision to recognize refugee status;

2. Where an objection is deemed groundless: A decision to dismiss the objection;

3. If an objection is unlawful: A decision to dismiss the objection without prejudice.

(2) When making a decision pursuant to paragraph (1), the Minister of Justice shall respect the results of deliberation of the Refugee Committee on objections within the extent that it is not likely to harm national security, maintenance of order, or public welfare.

(3) When the Minister of Justice has made a decision under paragraph (1), he or she shall issue or serve a certificate of refugee status or decision to dismiss an objection with or without prejudice on the person raising an objection or his or her agent through the head of the competent Immigration Office, the head of the competent office, the head of the competent branch office, or the head of the competent immigration detention center under Article 14 of the Administrative Procedures Act: Provided, That where a person raising an objection wishes or an objection is submitted through the electronic civil petition window, a certificate of refugee status or notice of a decision to dismiss an objection with or without prejudice may be notified by electronic document. <Amended on May 8, 2018; Jul. 27, 2021>

The Minister of Justice may recommend persons in need of vocational skills development and training prescribed in Article 12 of the Act on the Development of Vocational Skills of Workers to the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Justice among recognized refugees desiring vocational training.

The academic records achieved by recognized refugees in foreign nations shall be recognized in accordance with standards prescribed by education-related statutes.

(1) The Minister of Justice may subsidize the living costs, etc. of refugee applicants for a period not exceeding six months from the date on which the refugee applicants file refugee status applications pursuant to Article 40 (1) of the Act: Provided, That under an unavoidable circumstance where continuing to subsidize living costs, etc. is necessary due to critical diseases, physical disabilities, etc., the period of subsidizing living costs, etc. may be extended by up to six months.

(2) The Minister of Justice shall determine the subsidization or non-subsidization of living costs, etc. prescribed in paragraph (1) and the amount of subsidization in consideration of refugee applicants' period of stay in Korea, working or not working, using or not using refugee support facilities, presence or non-presence of dependent family members, living conditions, etc.

(3) Matters necessary for applying for subsidization of living costs, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

(1) The Minister of Justice may install and operate residential facilities in which refugee applicants, etc. can dwell in refugee support facilities prescribed in Article 45 (1) of the Act (hereinafter referred to as "refugee support facility"), pursuant to Article 41 (1) of the Act.

(2) The Minister of Justice may make refugee applicants at the ports of entry and departure and refugees desiring resettlement as persons eligible to preferentially use residential facilities pursuant to Article 41 (2) of the Act.

(3) The Minister of Justice may determine the period for using residential facilities up to six months: Provided, That where continuing to use refugee support facilities is inevitably necessary when considering the health conditions, dependent family members, etc., of the users of residential facilities, the period of using residential facilities may be extended.

(4) The Minister of Justice may restrict persons who impair or are likely to impair the safety and order of residential facilities from using residential facilities.

(1) If deemed necessary to protect the health of a refugee applicant pursuant to Article 42 of the Act, the Minister of Justice may have the refugee applicant undergo medical examinations or subsidize the medical examination costs, etc. of the refugee applicant within budgetary limits.

(2) The Minister of Justice shall endeavor to provide refugee applicants with information on emergency medical services prescribed in the Emergency Medical Service Act and information on other medical services available to the refugee applicants.

(3) The head of a relevant Ministry or agency who intends to provide medical services to a refugee applicant may request the head of an Immigration Office, the head of the office, or the head of the branch office to verify the identification of the refugee applicant. In such cases, the head of an Immigration Office, the head of the office, or the head of the branch office shall verify if the person is a refugee applicant and inform the Ministry or agency requesting such verification of the results thereof without delay. <Amended on May 8, 2018>