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 34 - Social Adaptation Education, etc.

(1) The Minister of Justice may implement social adaptation education, such as teaching the Korean language, for recognized refugees as prescribed by Presidential Decree.

(2) The Minister of Justice may, if desired by recognized refugees, support the recognized refugees to receive vocational traini

Article 36 - Recognition of Qualifications

A recognized refugee may obtain recognition of a qualification equivalent to or part of the qualification he/she acquired in a foreign nation as prescribed by the relevant statutes.

Article 37 - Permission for Entry of Spouses, etc.

(1) Where a spouse or a minor child of a recognized refugee applies for entry, the Minister of Justice shall permit such entry unless it falls under Article 11 of the Immigration Act.
(2) The scope of spouses and minors prescribed in paragraph (1) shall be governed by the Civil Act.

Article 38 - Exclusion from Application of Reciprocity for Recognized Refugees

Notwithstanding other Acts, reciprocity shall not apply to recognized refugees.

Article 39 - Treatment of Humanitarian Sojourners

The Minister of Justice may permit recruiting of humanitarian sojourners.

Article 40 - Subsidization of Living Costs, etc.

(1) The Minister of Justice may subsidize the living costs, etc. of refugee applicants as prescribed by Presidential Decree.
(2) Where six months have passed from the date on which refugee status is applied for, the Minister of Justice may permit the refugee applicant to obtain a job as prescribed by Presidential Decree.

Article 41 - Provision of Residential Facilities

(1) The Minister of Justice may install and operate residential facilities in which refugee applicants will reside as prescribed by Presidential Decree.
(2) Matters necessary for the operation, etc. of residential facilities prescribed in paragraph (1) shall be prescribed by Presidential Decree.

Article 42 - Provision of Medical Services

The Minister of Justice may provide refugee applicants with medical services as prescribed by Presidential Decree.

Article 43 - Assurance of Education

A refugee applicant and a minor foreigner of his/her family may receive the same level of elementary education and secondary education as that of the Korean people.

Article 45 - Operation, etc. of Refugee Support Facilities

(1) In order to conduct the duties, etc. prescribed in Articles 34, 41, and 42 efficiently, the Minister of Justice may install and operate refugee support facilities.
(2) The Minister of Justice may, when necessary, entrust part of the duties prescribed in paragraph (1) to civilians.
(3) Matters necessary for persons eligible to use, operation and management, civil entrustment, etc. of refugee support facilities shall be prescribed by Presidential Decree.