Last Change:

05/21/2025

Refugee Act

Year: 2012

Type: Domestic law

Rights Category: Asylum, Social protection, Documentation

Description

The purpose of this Act is to prescribe matters concerning the status, treatment, etc. of refugees in accordance with the 1951 Convention Relating to the Status of Refugees. This Act addresses the procedures and methods for applying for refugee status, the process for filing objections, and the rights and treatment of recognized refugees and asylum seekers. 

Selected provisions
Article 19 - Restriction on Recognition of Refugee Status

Where the Minister of Justice has sufficient grounds to recognize that a refugee applicant falls under any of the following cases even in recognition that the refugee applicant constitutes a refugee, he/she may make a decision of non-recognition of refugee status, notwithstanding Article 18 (1):

1. Where a refugee applicant is currently provided with protection or aid by organizations or agencies of the United Nations other than the United Nations Refugee Agency: Provided, That cases where the provision of such protection or aids is suspended for some reason without the final resolution of the status of the person who currently receives such protection or aids in accordance with the relevant resolution adopted at a general assembly of the United Nations shall be excluded;

2. Where a refugee applicant has committed a crime against world peace, war crime, or crime against humanity prescribed by international treaties or generally-approved international regulations;

3. Where a refugee applicant has committed a grave non-political crime outside the Republic of Korea before entering the Republic of Korea;

4. Where a refugee applicant has committed an act against the objectives and principles of the United Nations.

Article 21 - Objections

(1) A person subject to a decision of non-recognition of refugee status under Article 18 (2) or 19 or a person whose refugee status is cancelled or withdrawn under Article 22 may raise an objection to the Minister of Justice within 30 days from the date on which he/she is notified thereof. In such cases, he/she shall submit an objection accompanied by materials explaining the grounds therefor to the head of the local immigration office or foreigner-related office. <Amended by Act No. 12421, Mar. 18, 2014>
(2) Where an objection is raised under paragraph (1), no administrative appeal prescribed by the Administrative Appeals Act shall be filed.
(3) Where the Minister of Justice receives an objection under paragraph (1), he/she shall refer to the Refugee Committee prescribed in Article 25 therefor without delay.
(4) The Refugee Committee prescribed in Article 25 may conduct a fact-finding investigation directly or through refugee investigators prescribed in Article 27.
(5) Detailed matters concerning procedures for deliberation by the Refugee Committee shall be prescribed by Presidential Decree.
(6) The Minister of Justice shall decide whether to recognize refugee status under Article 18 through deliberation by the Refugee Committee.
(7) The Minister of Justice shall make a decision on an objection within six months from the date of receipt of the objection: Provided, That where he/she is unable to make a decision on an objection within such period due to unavoidable causes, he/she may extend such period by up to six months.
(8) Where the period of deliberation on an objection is extended under the proviso to paragraph (7), it shall be notified to the refugee applicant at least seven days before the expiration of such period.

Article 22 - Cancellation, etc. of Decision to Recognize Refugee Status

(1) Where a decision to recognize refugee status is found to have been made by submitting false documents, delivering false statements, or concealing facts, the Minister of Justice may cancel refugee status.

(2) Where a recognized refugee falls within any of the following cases, the Minister of Justice may withdraw the decision to recognize refugee status:

1. Where a refugee applicant receives protection from a nation of his/her nationality again;

2. Where a refugee applicant reinstates his/her nationality voluntarily after losing his/her nationality;

3. Where a refugee applicant is under the protection of a nation of the nationality he/she has newly acquired;

4. Where a refugee applicant resettles in the nation in which he/she resides of his/her free will after leaving such nation or staying outside such nation in fear of persecution;

5. Where a refugee applicant becomes unable to refuse protection from a nation of his/her nationality any more due to cessation of the causes which were the major grounds for the decision to recognize refugee status;

6. Where a refugee applicant is able to return to the former nation of his/her permanent settlement due to cessation of the cause of stateless person by which he/she became an eligible refugee.

(3) Where the Minister of Justice cancels or withdraws a decision to recognize refugee status under paragraph (1) or (2), he/she shall prepare a notice of cancellation of refugee status or a notice of withdrawal of refugee status including the grounds therefor and a message that an objection may be raised within 30 days therein. In such cases, Article 18 (6) shall apply mutatis mutandis to methods of notification.

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 35 - Recognition of School Career

A recognized refugee may obtain the recognition of a school career equivalent to the degree of school education he/she has completed in foreign nations as prescribed by Presidential Decree.

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.

Article 30 - Treatment of Recognized Refugees

(1) Notwithstanding other Acts, a recognized refugee residing in the Republic of Korea shall be treated in accordance with the Refugee Convention.
(2) The State and local governments shall formulae and implement policies, adjust relevant statutes, support relevant ministries and offices, and take necessary measures for the treatment of refugees.

Article 31 - Social Security

Notwithstanding Article 8 of the Framework Act on Social Security, etc., a foreigner staying in Korea after becoming a recognized refugee shall be covered by social security at the same level as that of the citizens of the Republic of Korea.

Article 32 - Basic Living Security

Notwithstanding Article 5-2 of the National Basic Living Security Act, a foreigner staying in Korea after becoming a recognized refugee shall receive the protection prescribed in Articles 7 through 15 of the same Act upon the request of the relevant person.

Article 33 - Assurance of Education

(1) Where a recognized refugee or his/her child is a minor under the Civil Act, he/she shall receive the same elementary education and secondary education as the Korean people.

(2) The Minister of Justice may support recognized refugees to receive necessary education in consideration of their age, learning ability, educational conditions, etc. as prescribed by Presidential Decree.