Refugee Act [See entire ACT]
CHAPTER I GENERAL PROVISIONS
- Article 1 (Purpose)
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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 (hereinafter referred to as the "Refugee Convention") and the 1967 Protocol Relating to the Status of Refugees (hereinafter referred to as the "Refugee Protocol").
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Refugee Act and matters necessary for the enforcement thereof.
- Article 2 (Definitions)
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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.
Enforcement Ordinance
- Article 2 (Humanitarian Stay Permit)
(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"):
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.
(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.
- Article 3 (Prohibition of Compulsory Repatriation)
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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.
- Article 4 (Application of Other Acts)
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Except as otherwise provided for in this Act, the status and treatment of recognized refugees, humanitarian sojourners, and refugee applicants shall be governed by the Immigration Act.
