Refugee Act - Generic

The terms used in this Act shall be defined as follows:

1. The term "refugee" means a foreigner who is unable or does not desire to receive protection from the nation of his/her nationality in well-grounded fear that he/she is likely to be persecuted based on race, religion, nationality, the status of a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not desire to return to the nation in which he/she resided before entering the Republic of Korea (hereinafter referred to as "nation of settlement") in such fear;

2. The term "person recognized as a refugee" (hereinafter referred to as "recognized refugee") means a foreigner recognized as a refugee under this Act;

3. The term "person granted a humanitarian stay permit (hereinafter referred to as "humanitarian sojourner") means a foreigner granted a stay permit from the Minister of Justice as prescribed by Presidential Decree as a person who has rational grounds for recognizing that his/her life, personal liberty, etc. is very likely to be infringed by torture, other inhumane treatment or punishment or other events even though he/she does not fall under subparagraph 1;

4. The term "person who has applied for refugee status" (hereinafter referred to as "refugee applicant") means a person who falls under any of the following as a foreigner who has applied for refugee status to the Republic of Korea:

(a) A person whose application for refugee status is being screened;

(b) A person for whom the period for raising an objection or the period for filing an administrative appeal or administrative litigation has not yet expired after being subject to a decision of non-recognition of refugee status or a decision of dismissal of an objection to a decision of non-recognition of refugee status;

(c) A person for whom an administrative appeal or administration litigation against a decision of non-recognition of refugee status is under way;

5. The term "refugee desiring re-settlement" means a foreigner who desires to settle in the Republic of Korea among refugees outside the Republic of Korea;

6. The term "foreigner" means a person without the nationality of the Republic of Korea.

No recognized refugee, humanitarian sojourner, nor refugee applicant shall be repatriated compulsorily against his/her will under Article 39 of the Refugee Convention and Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

(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. <Amended by Act No. 12421, Mar. 18, 2014>

(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.

(1) Where a foreigner intends to apply for refugee status when undergoing an entry inspection, he/she shall submit an application for refugee status to the head of the local immigration office or foreigner-related office having jurisdiction over the port of entry and departure prescribed by the Immigration Act. <Amended by Act No. 12421, Mar. 18, 2014>

(2) The head of a local immigration office or foreigner-related office may allow a person who has submitted an application for refugee status at the port of entry and departure under paragraph (1) at a specific place in the port of entry and departure within seven days. <Amended by Act No. 12421, Mar. 18, 2014>

(3) The Minister of Justice shall decide whether to refer to refugee status screening for a person who has submitted an application for refugee status under paragraph (1) within seven days from the date on which the application is submitted, and where he/she fails to decide within such period, he/she shall permit such applicant to enter.

(4) Basic food, clothing, and shelter shall be provided to refugee applicants at ports of entry and departure for the period prescribed in paragraph (2) as prescribed by Presidential Decree.

(5) Necessary matters, such as procedures for application for refugee status at ports of entry and departure, other than those provided for in paragraphs (1) through (4), shall be prescribed by Presidential Decree.

(1) The head of a local immigration office or foreigner-related office who has received an application for refugee status under Article 5 shall interview the refugee applicant and conduct a fact-finding investigation without delay, and shall report to the Minister of Justice by attaching the results thereof to the application for refugee status. <Amended by Act No. 12421, Mar. 18, 2014>

(2) Where requested by a refugee applicant, a public official having the same gender as that of the refugee applicant shall interview the refugee applicant.

(3) The head of a local immigration office or foreigner-related office may, if necessary, audio or video record interviews: Provided, That where requested by a refugee applicant, he/she shall not refuse to audio or video record. <Amended by Act No. 12421, Mar. 18, 2014>

(4) The Minister of Justice shall place refugee screening officers to take full charge of interview, fact-finding investigation, etc. at local immigration offices and foreigner-related offices. Matters concerning the qualifications of and duties conducted by refugee screening officers shall be prescribed by Presidential Decree. <Amended by Act No. 12421, Mar. 18, 2014>

(5) The Minister of Justice may omit part of the screening procedure prescribed in paragraph (1) for refugee applicants in any of the following cases:

1. Where a refugee applicant applies for refugee status while concealing facts, such as submitting fabricated documents or making a false statement;

2. Where a person who has failed to be recognized as a refugee or a person whose refugee status has been cancelled under Article 22 applies for refugee status again without grave circumstantial changes;

3. Where a foreigner who has resided in the Republic of Korea for at least one year applies for refugee status on the verge of the expiration of the period of stay or a foreigner subject to expulsion applies for refugee status for the purpose of postponing the execution thereof.

(6) A refugee applicant shall respond to refugee screening in good faith. Where a refugee applicant fails to appear at least three consecutive times in spite of a request for appearance for an interview, etc., the Minister of Justice may terminate the refugee status screening.

The Minister of Justice shall utilize materials even favorable to refugee applicants as materials for screening by actively collecting such materials.

A refugee applicant shall have a right to receive assistance from attorneys-at-law.

Where a refugee applicant is unable to express his/her will in Korean sufficiently, the Minister of Justice may have an interpreter with a specific qualification prescribed by Presidential Decree interpret in the course of interview.

(1) Where the Minister of Justice deems that an application for refugee status is well-grounded, he/she shall decide that the refugee applicant is recognized as a refugee and issue a certificate of recognition of refugee status to the refugee applicant.

(2) Where the Minister of Justice makes a decision on an application for refugee status that the refugee applicant does not constitute a refugee, he/she shall deliver a notice of decision of non-recognition of refugee status to the refugee applicant by including the grounds therefor and the message that the refugee applicant may raise an objection within 30 days therein.

(3) A notice of decision of non-recognition of refugee status prescribed in paragraph (2) shall include the grounds of the decision (including judgements on the factual and legal claims of refugee applicants), and deadline, methods, etc. for raising an objection.

(4) A decision of recognition of refugee status, etc. prescribed in paragraph (1) or (2) shall be rendered within six months from the date on which an application for refugee status is received: Provided, That under unavoidable circumstances, such period may be extended within the scope of six months.

(5) A period extended under the proviso to paragraph (4) shall be notified to the refugee applicant seven days before the former period ends.

(6) A certificate of recognition of refugee status prescribed in paragraph (1) and a notice of decision of non-recognition of refugee status prescribed in paragraph (2) shall be issued to the refugee applicant or the proxy thereof through the head of the local immigration office or foreigner-related office, or served thereon under Article 14 of the A