Refugee Act [See entire ACT]
CHAPTER II APPLICATION, SCREENING, ETC. FOR REFUGEE STATUS
- Article 5 (Application for Refugee Status)
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(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.
(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.
- Article 6 (Application Filed at Ports of Entry and Departure)
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(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.
(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.
(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.
Enforcement Ordinance
- Article 3 (Application for Refugee Status at Ports of Entry and Departure)
(1) A person who intends to apply for refugee status when undergoing an entry inspection pursuant to Article 6 (1) of the Act (hereinafter referred to as "refugee applicant at a port of entry and departure") shall submit an application for refugee status prescribed by Ordinance of the Ministry of Justice to the head of an Immigration Office (hereinafter referred to as the "head of an Immigration Office"), the head of an immigration office (hereinafter referred to as the “head of an office”), or to the head of a branch office of an Immigration Office or an office (hereinafter referred to as the "head of a branch office") having jurisdiction over the ports of entry and departure prescribed in the Immigration Act along with the documents prescribed in the subparagraphs of Article 5 (2) of the Act.
(2) The head of an Immigration Office, the head of an office, or the head of a branch office who has received an application for refugee status pursuant to paragraph (1) shall investigate the refugee applicant at the port of entry and departure without delay by means of interviewing, etc. and forward such application for refugee status to the Minister of Justice along with the results thereof.
(3) If necessary in the course of conducting an investigation prescribed in paragraph (2), the head of an Immigration Office, the head of the office, or the head of the branch office may ask the refugee applicant at the port of entry and departure about matters necessary to determine whether to refer the refugee applicant to refugee status screening, such as the name of the airplane, the name of the ship, personal information and reasons for applying, and request to present relevant materials.
(4) Article 5 (3) and (4) of the Act shall apply mutatis mutandis to the preparation of applications for refugee status of refugee applicants at ports of entry and departure.
Enforcement Ordinance
- Article 4 (Installation of Waiting Rooms at Ports of Entry and Departure)
(1) The head of an Immigration Office, the head of an office, or the head of a branch office having jurisdiction over the ports of entry and departure prescribed in the Immigration Act may install waiting rooms at ports of entry and departure so that refugee applicants can stay at ports of entry and departure for the period prescribed in Article 6 (2) of the Act.
(2) Food, clothing, and shelter provided to refugee applicants at ports of entry and departure pursuant to Article 6 (4) of the Act shall be provided in consideration of the safety and hygiene of individuals, and custom, living culture, etc. of nations of one's nationality.
Enforcement Ordinance
- Article 5 (Referring Refugee Applicants at Ports of Entry and Departure to Refugee Status Screening)
(1) Where a refugee applicant at a port of entry and departure falls under any of the following cases, the Minister of Justice may not refer such applicant to refugee status screening:
1. Where there are substantial grounds to deem that a refugee applicant at a port of entry and departure is likely to harm the safety or social order of the Republic of Korea;
2. Where it is impossible to verify the identification of a refugee applicant at a port of entry and departure because the refugee applicant refuses to answer questions regarding his or her personal information, etc.;
3. Where a refugee applicant at a port of entry and departure intends to obtain refugee status by concealing the truth by means of submitting false documents, etc.: Provided, That cases where the person in question files a report on the truth voluntarily without delay shall be excluded;
4. Where a refugee applicant at a port of entry and departure is a native of a safe nation free of the possibility of persecution or is from a safe nation;
5. Where a person who has failed to obtain refugee status or a person whose refugee status has been canceled intends to obtain refugee status again without major changes in circumstances;
6. Where there are substantial grounds to deem that a refugee applicant at a port of entry and departure falls under any of the subparagraphs of Article 19 of the Act;
7. Where a refugee status application is incontestably groundless, such as applying for refugee status only for economic reasons.
(2) When a decision is made on whether to refer to refugee status screening pursuant to Article 6 (3) of the Act, the Minister of Justice shall notify the refugee applicant at the port of entry and departure of the results thereof without delay.
(3) The head of an Immigration Office, the head of an office, or the head of a branch office shall have a person for whom a decision is made on whether to refer to refugee status screening pursuant to paragraph (2) undergo an entry inspection prescribed by the Immigration Act without delay.
(4) Entry permits prescribed in Article 12 of the Immigration Act or conditional entry permits prescribed in Article 13 shall be granted to persons for whom a decision to refer to refugee status screening is made, on condition that in cases of conditional entry permits, the period of permission may be determined within the extent of 90 days, notwithstanding Article 16 (1) of the Enforcement Decree of the Immigration Act.
(5) Where a person who has obtained a conditional entry permit pursuant to paragraph (4) fails to or is expected not to comply with the conditions within the period of such permission due to unavoidable causes, the head of an Immigration Office, the head of the office, or the head of the branch office may extend the period of permission.
(6) On the assumption that a person for whom a decision of referring to refugee status screening is made filed a refugee status application on the date of such decision, the Minister of Justice shall issue a certificate of receipt of refugee status application to such person and proceed with refugee status screening procedures.
(7) The Minister of Justice shall notify in writing a person who is determined not to be subjected to a refugee status screening of the decision not to refer to refugee status screening.
- Article 7 (Posting of Matters Necessary for Application for Refugee Status)
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(1) The heads of local immigration offices and foreigner-related offices shall keep documents necessary for application for refugee status at the local immigration offices, foreigner-related offices, and ports of entry and departure under their jurisdiction and post methods of receipt, rights of refugee applicants and other necessary matters prescribed by this Act (including posting by electronic methods, such as the Internet) to enable anyone to read such posting.
(2) Detailed methods for keeping documents and posting prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.
- Article 8 (Refugee Status Screening)
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(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.
(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.
(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.
(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.
Enforcement Ordinance
- Article 6 (Qualification of Refugee Screening Officers)
A refugee screening officer prescribed in Article 8 (4) of the Act (hereinafter referred to as "refugee screening officer") shall be a public official of at least Grade V who takes charge of immigration affairs and who has any of the following qualifications:
1. A refugee-related job career of at least two years;
2. Completion of refugee screening officers education courses the Minister of Justice determines
- Article 9 (Collection of Materials Favorable to Refugee Applicants)
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The Minister of Justice shall utilize materials even favorable to refugee applicants as materials for screening by actively collecting such materials.
- Article 10 (Fact-Finding Investigation)
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(1) The Minister of Justice may, if necessary to decide to recognize refugee status, or to cancel or withdraw refugee status prescribed in Article 22, have the public officials in charge of refugees of the Ministry of Justice or refugee screening officers of local immigration offices or foreigner-related offices investigate such fact.
(2) If necessary to conduct an investigation prescribed in paragraph (1), refugee applicants or other relevant persons may be requested to appear for questioning or to submit materials, such as documents.
(3) Where a public official in charge of refugees or a refugee screening officer completes a fact-finding investigation concerning the recognition of refugee status, cancellation and withdrawal of refugee status, etc. under paragraph (1), the head of the division in charge of refugees of the Ministry of Justice or the heads of local immigration offices or foreigner-related offices shall report the details thereof to the Minister of Justice without delay.
Enforcement Ordinance
- Article 7 (Performance of Duties of Refugee Screening Officers)
(1) When a refugee screening officer or a public official of the Ministry of Justice in charge of refugees (hereinafter referred to as "refugee screening officer, etc.") requests a refugee applicant and other related persons to appear pursuant to Article 10 (2) of the Act, he or she shall issue a written request for appearance, stating the purpose of the request, date and time, and place for appearance, etc., and shall record the request for appearance in the register of requests for appearance, as prescribed by Ordinance of the Ministry of Justice: Provided, That he or she may make a request for appearance orally in an emergency.
(2) Where interviewing a refugee applicant, the refugee screening officer shall record the details thereof in the refugee interview protocol prescribed by Ordinance of the Ministry of Justice.
(3) A refugee screening officer shall read the refugee interview protocol recorded pursuant to paragraph (2) to the refugee applicant or have the refugee applicant read the refugee interview protocol and then ask the refugee applicant if there is anything wrong. In such cases, if the refugee applicant requests to add something to, delete or change any of the matters recorded in the refugee interview protocol, the refugee screening officer shall record the matters requested in the refugee interview protocol additionally.
(4) A refugee screening officer shall have the following persons write down their names on or affix their signs and seals to the refugee interview protocol recorded pursuant to paragraph (2): Provided, That when the refugee applicant is unable or refuses to write his or her name or affix his or her sign and seal, the refugee screening officer shall record such fact in the refugee interview protocol:
1. Refugee applicant;
2. Where there is a person who provided interpretation or translation services in the course of interviewing a refugee or after the completion of interviewing a refugee pursuant to Articles 14 and 15 of the Act, the person who provided interpretation or translation services.
- Article 11 (Cooperation of Relevant Administrative Agencies, etc.)
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(1) The Minister of Justice may, if necessary for refugee status screening, request the heads of relevant administrative agencies or the heads of local governments (hereinafter referred to as the "heads of relevant agencies") or the heads of related organizations to render cooperation in terms of submission of materials, fact-finding investigation, etc.
(2) No head of any relevant agency nor the head of any related organization requested to render cooperation under paragraph (1) shall refuse such request without good cause.
- Article 12 (Right to Receive Assistance from Attorneys-at-Law)
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A refugee applicant shall have a right to receive assistance from attorneys-at-law.
- Article 13 (Accompanied by Trusted Persons)
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A refugee screening officer may, when requested by a refugee applicant, allow the refugee applicant to accompany trusted persons within the scope not impairing the fairness of the interview.
- Article 14 (Interpretation)
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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.
Enforcement Ordinance
- Article 8 (Interpretation Services)
(1) In accordance with Article 14 of the Act, the Minister of Justice shall have persons who are fluent in foreign languages and deemed suitable to conduct the duty to provide interpretation services to refugees and have completed the educational courses the Minister of Justice determines (hereinafter referred to as "interpreter dedicated to refugees") provide interpretation services in the course of interviewing refugee applicants.
(2) If requested by a refugee applicant, the Minister of Justice shall have an interpreter dedicated to refugees of the same sex as the refugee applicant.
(3) Notwithstanding paragraphs (1) and (2), where there is no available interpreter dedicated to refugees who is fluent in the language a refugee applicant speaks or in an emergency, interpretation services may be provided by the following methods:
1. First having the language used by a refugee applicant interpreted into another foreign language and then having an interpreter dedicated to refugees interpret the foreign language into Korean;
2. Having a person fluent in the language used by a refugee applicant provide interpretation services after providing the person with prior education on interpretation.
(4) The Minister of Justice may pay allowances to persons who provide interpretation services to refugee applicants as prescribed by the Minister of Justice.
- Article 15 (Confirmation of Refugee Interview Protocols)
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Where a refugee applicant is unable to understand the matters written in a refugee interview protocol, the refugee screening officer shall provide the refugee applicant with interpretation and translation in a language the refugee applicant can understand after the refugee interview is terminated so as to enable the refugee applicant to confirm such matters.
- Article 16 (Reading and Reproduction of Materials, etc.)
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1) A refugee applicant may request the reading or reproduction of the materials he/she has submitted and refugee interview protocols.
(2) Where there is a request for reading or reproduction prescribed in paragraph (1), the immigration control official shall comply therewith without delay: Provided, That he/she may restrict reading or reproduction where there are obvious reasons to recognize that the fairness of screening is likely to be substantially impaired.
(3) Detailed methods and procedures for reading and reproduction prescribed in paragraph (1) shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 9 (Methods and Procedures for Reading and Reproduction)
(1) Where a refugee applicant intends to request reading or reproduction of the materials he or she presented or refugee interview protocols (hereinafter referred to as "interview protocol, etc.") pursuant to Article 16 (1) of the Act, he or she shall file an application for reading or reproduction delivery prescribed by Ordinance of the Ministry of Justice with immigration control officials, specifying the parts he or she wishes to read or reproduce.
(2) Where receiving a reading application pursuant to paragraph (1), the immigration control official shall determine the date, time and place of reading and notify the refugee applicant who filed the reading application thereof.
(3) Where receiving a reproduction delivery application pursuant to paragraph (1), the immigration control official shall reproduce the interview protocol, etc. requested and deliver the reproduction to the refugee applicant who filed the reproduction delivery application.
(4) An immigration control official shall take necessary measures to protect interview protocols, etc. from damage likely to be caused in the course of reading the interview protocols, etc., by being present in the course of reading, etc.
(5) A refugee applicant who intends to request the reading or reproduction of interview protocols, etc. shall pay fees prescribed by Ordinance of the Ministry of Justice.
- Article 17 (Prohibition of Disclosure of Personal Information, etc.)
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(1) No person shall disclose the addresses, names, ages, occupations, and appearances of a refugee applicant and of persons accompanying him/her at an interview under Article 13 and other personal information, pictures, etc. by which a refugee applicant, etc. is specifically identifiable, nor divulge such things to other persons: Provided, That cases where the person in question agrees shall be exceptional.
(2) No person shall publish the personal information, pictures, etc. of refugee applicants, etc. prescribed in paragraph (1) in publications nor release such things through broadcast media or information and communication networks without the consent of the refugee applicants, etc.
(3) No information on application for refugee status shall be provided to the home country of the applicant.
- Article 18 (Recognition, etc. of Refugee Status)
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(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 Administrative Procedures Act.
- Article 19 (Restriction on Recognition of Refugee Status)
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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 20 (Detention for Identification)
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(1) Where it is obvious that a refugee applicant has intentionally damaged his/her identification card, such as a passport, or has exercised a false identification card in an attempt to obtain refugee status by concealing his/her identification, the immigration control official may detain such refugee applicant after obtaining a detention order from the head of the local immigration office or foreigner-related office under Article 51 of the Immigration Act for the confirmation of the identification of such refugee applicant.
(2) Where the identification of a person under detention under paragraph (1) is confirmed or the identification of such person is not confirmed within ten days, such detention shall be lifted immediately: Provided, That where confirmation of identification is delayed due to unavoidable causes, the head of a local immigration office or foreigner-related office may extend the detention by up to ten days.
- Article 21 (Objections)
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(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.
(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.
Enforcement Ordinance
- Article 9-2 (Issuance of Certificates of Receipt of Objections)
Upon receipt of an objection submitted under the latter part of Article 21 (1) of the Act, the head of a Regional Immigration Service shall immediately issue a certificate of receipt to the applicant: Provided, That when a written objection is filed through an electronic civil petition window under Article 9-3 (1), the fact of such receipt may be notified by an electronic document in lieu of issuance of a receipt.
[This Article Newly Inserted on Dec. 31, 2019]
Enforcement Ordinance
- Article 9-3 (Handling of Objections Filed through Electronic Civil Petition Window)
(1) The Minister of Justice may establish and operate an electronic civil petition window prescribed in Article 9 (2) of the Electronic Government Act (hereinafter referred to as "electronic civil petition window") for the receipt of objections prescribed in Article 21 (1) of the Act, other materials (hereinafter referred to as "objections, etc."), and notice, notification, or service under this Decree (hereinafter referred to as "notice, etc.").
(2) Where a person filing an objection (including his or her agents; hereafter in this Article the same shall apply) file an objection, etc. through an electronic civil petition window by a digitized document (referring to a digitized document defined in subparagraph 8 of Article 2 of the Electronic Government Act; hereinafter the same shall apply) under any of the following circumstances, the Minister of Justice may require the person raising an objection to submit the original documents by specifying a period:
1. Where it is necessary to verify the content of a digitized document because it is difficult to read the digitized document;
2. Where it is necessary to ascertain whether a digitized document is forged or altered.
(3) Notwithstanding other provisions of this Decree, the Minister of Justice may, when a person filing an objection wishes or files an application in electronic form, give a notice, etc. to him or her in electronic form through an electronic civil petition window. In such cases, the fact that the notice, etc. is given by an electronic document through an electronic civil petition window shall be immediately informed to a person filing the objection, by electronic mail, text message, etc.
(4) Any notice, etc. given under the former part of paragraph (3) shall be deemed notice, etc. given when a person filing an objection reads an electronic document through the electronic civil petition window: Provided, That if a person filing an objection fails to read the notice, etc. within 14 days after he or she is informed of the notice, etc. under the latter part of paragraph (3), he or she shall be deemed to have received such notice, etc. at the expiration of 14 days from the date the person raising the objection is informed of such notice, etc.
[This Article Newly Inserted on Jul. 27, 2021]
Enforcement Ordinance
- Article 10 (Deliberation of Refugee Committee on Objections
(1) The Refugee Committee prescribed in Article 25 of the Act (hereinafter referred to as the "Refugee Committee") shall make resolutions on agenda items at the presence of a majority of members registered and by the vote of a majority of members present.
(2) The Refugee Committee may, if necessary, have persons raising an objections or other related persons appear to make statements at meetings, and listen to opinions of persons with abundant experience and knowledge in matters to be deliberated.
(3) The Refugee Committee may conduct deliberations and resolutions by means of a remote video conference attended by participants such as members, persons raising objections, and other interested persons (hereafter in this paragraph referred to as "attendees") at different places equipped with a device simultaneously transmitting and receiving video images and voice. In such cases, members and attendees shall be deemed present at the same meeting place.
Enforcement Ordinance
- Article 11 (Decision on Objections)
(1) The Minister of Justice shall decide on objections as follows:
1. Where the objection is deemed well-grounded: A decision to recognize refugee status;
2. Where an objection is deemed groundless: A decision to dismiss the objection;
3. If an objection is unlawful: A decision to dismiss the objection without prejudice.
(2) When making a decision pursuant to paragraph (1), the Minister of Justice shall respect the results of deliberation of the Refugee Committee on objections within the extent that it is not likely to harm national security, maintenance of order, or public welfare.
(3) When the Minister of Justice has made a decision under paragraph (1), he or she shall issue or serve a certificate of refugee status or decision to dismiss an objection with or without prejudice on the person raising an objection or his or her agent through the head of the competent Immigration Office, the head of the competent office, the head of the competent branch office, or the head of the competent immigration detention center under Article 14 of the Administrative Procedures Act: Provided, That where a person raising an objection wishes or an objection is submitted through the electronic civil petition window, a certificate of refugee status or notice of a decision to dismiss an objection with or without prejudice may be notified by electronic document.
- Article 22 (Cancellation, etc. of Decision to Recognize Refugee Status)
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(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 23 (Non-Disclosure of Deliberation)
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The Refugee Committee or a court may, if necessary for the safety of a refuge applicant or for the family, etc. thereof, make a decision of non-disclosure of deliberation or review upon the request of the refugee applicant or by authority.
- Article 24 (Accommodation of Refugees Desiring Resettlement)
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(1) The Minister of Justice may permit the settlement of refugees desiring resettlement in Korea through the deliberation of the Foreigners' Policy Committee prescribed in Article 8 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea on the major matters of refugees desiring resettlement, such as accommodation or non-accommodation, size, and origin. In such cases, a settlement permit shall be deemed recognition of refugee status prescribed in Article 18 (1).
(2) Requirements, procedures, etc. for permission for settlement in Korea prescribed in paragraph (1) and other detailed matters shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 12 (Permission for Settlement in Korea of Refugees Desiring Resettlement)
(1) Requirements for permission for settlement in Korea for refugees desiring resettlement prescribed in Article 24 (2) of the Act are as follows:
1. Not having any ground for restriction on recognition of refugee status prescribed in Article 19 of the Act;
2. No risk of impairing the safety, social order, or public health of the Republic of Korea.
(2) If necessary to permit the settlement in Korea of refugees desiring resettlement, the Minister of Justice may receive recommendations of refugees desiring resettlement from the United Nations Refugee Agency.
(3) The Minister of Justice may dispatch refugee screening officers, etc. to local sites to investigate if refugees desiring resettlement comply with the requirements for permission for settlement in Korea prescribed in paragraph (1).
(4) Where intending to permit refugees desiring resettlement to settle in Korea, the Minister of Justice may implement medical examinations and basic adaptation education before permitting their settlement in Korea.
(5) The Minister of Justice shall permit refugees desiring resettlement to settle in Korea by undergoing the entry permission procedures prescribed in the Immigration Act.
(6) The Minister of Justice shall determine matters necessary to permit refugees desiring resettlement to settle in Korea other than those provided for in paragraphs (1) through (5).
