IMMIGRATION CONTROL ACT [See entire ACT]

CHAPTER VIII-2 ISSUANCE OF REFUGEE TRAVEL DOCUMENTS, ETC.

Article 76-2 Deleted

Article 76-3 Deleted

Article 76-4 Deleted

Article 76-5 (Refugee Travel Documents)

(1) If a person granted refugee status under the Refugee Act intends to depart from the Republic of Korea, the Minister of Justice shall issue, upon his/her application, a refugee travel document to the person, as prescribed by Presidential Decree: Provided, That this shall not apply where his/her departure is deemed to pose a threat to the security of the Republic of Korea.

(2) A refugee travel document issued under paragraph (1) shall be valid for a period of three years.

(3) A person who holds a refugee travel document issued under paragraph (1) may enter or depart from the Republic of Korea during the term of validity of such document, without any limitation on the number of times. In such cases, the person need not obtain reentry permission under Article 30 at the time of entry into the Republic of Korea.

(4) If deemed particularly necessary in cases falling under paragraph (3), the Minister of Justice may limit the period of reentry to a minimum of three months or up to one year.

(5) If a person who has departed from the Republic of Korea with a refugee travel document issued under paragraph (1) is unable to reenter the Republic of Korea within the term of validity of such document due to a disease or other extenuating circumstances, the Minister of Justice may, upon his/her application, grant an extension of the term of validity by up to six months.

(6) The Minister of Justice may delegate the authority to grant extensions of the term of validity under paragraph (5) to the heads of overseas diplomatic missions, as prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Enforcement Ordinance

Enforcement Ordinance

Article 76-6 (Surrender of Certificates, etc. of Refugee Status Recognition)

(1) A person granted refugee status under the Refugee Act shall immediately surrender his/her certificate of refugee status recognition or refugee travel document to the head of the competent Regional Immigration Service if:

1. He/she is issued a written order of deportation under Article 59 (3), 68 (4) or 85 (1);

2. He/she is notified that his/her objection to a deportation order is groundless under Article 60 (5);

3. He/she is notified that the decision granting refugee status under the Refugee Act has been cancelled or withdrawn.

(2) If the Minister of Justice deems that a person issued a refugee travel document under Article 76-5 (1) might engage in any conduct posing a threat to the security of the Republic of Korea, the Minister may order the person to surrender his/her refugee travel document within a prescribed period not exceeding 14 days.

(3) A refugee travel document surrendered under paragraph (2) shall become void at the time of surrender, and if it is not surrendered by the designated deadline, at the expiration of such deadline, respectively.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Enforcement Ordinance

Article 76-7 (Special Cases concerning Permission to Stay Granted to Refugees)

Where a person granted refugee status under the Refugee Act files an objection under Article 60 (1), the Minister of Justice may permit the person to stay in the Republic of Korea even where such person does not fall under the grounds provided for in Article 61 (1), and his/her objection is deemed groundless. Article 61 (2) shall apply mutatis mutandis to such cases.

[This Article Wholly Amended by Act No. 10282, May 14, 2010]

Articles 76-8 (Entrustment of Administrative Affairs to Issue Refuge Travel Documents, etc.) The Minister of Justice may entrust the head of the Regional Immigration Service having jurisdiction over the place of stay of an applicant for a refuge travel document with some of administrative affairs related to issuing and reissuing refuge travel documents, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]

Articles 76-9 and 76-10 Deleted.

Articles 76-8 (Entrustment of Administrative Affairs to Issue Refuge Travel Documents, etc.)

The Minister of Justice may entrust the head of the Regional Immigration Service having jurisdiction over the place of stay of an applicant for a refuge travel document with some of administrative affairs related to issuing and reissuing refuge travel documents, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 14106, Mar. 29, 2016]

Enforcement Ordinance

Article 76-9 Deleted

Article 76-10 Deleted

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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