Refugee Act [See entire ACT]

CHAPTER IV TREATMENT OF RECOGNIZED REFUGEES, ETC.

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.

Enforcement Ordinance

Article 13 (Education-Related Support)

(1)        Recognized refugees and their children may enter school prescribed in Article 2 of the Elementary and Secondary Education Act or apply for transfer admission by following standards and procedures prescribed by education-related statutes.
(2)        Pursuant to Article 33 (2) of the Act, the Minister of Justice may recommend persons in need of subsidization of educational costs prescribed in Article 60-4 of the Elementary and Secondary Education Act to the Minister of Education as prescribed by Ordinance of the Ministry of Justice among recognized refugees and their children.

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 training as prescribed by Presidential Decree.

Enforcement Ordinance

Article 14 (Social Adaptation Education)

The Minister of Justice may implement social integration programs prescribed in Article 39 of the Immigration Act as social adaptation education for recognized refugees pursuant to Article 34 (1) of the Act.

Enforcement Ordinance

Article 15 (Vocational Training)

The Minister of Justice may recommend persons in need of vocational skills development and training prescribed in Article 12 of the Act on the Development of Vocational Skills of Workers to the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Justice among recognized refugees desiring vocational training.

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.

Enforcement Ordinance

Article 16 (Standards for Recognition of School Career)

The academic records achieved by recognized refugees in foreign nations shall be recognized in accordance with standards prescribed by education-related statutes.

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.

Enforcement Ordinance

Article 17 (Subsidization of Living Costs)

(1)        The Minister of Justice may subsidize the living costs, etc. of refugee applicants for a period not exceeding six months from the date on which the refugee applicants file refugee status applications pursuant to Article 40 (1) of the Act: Provided, That under an unavoidable circumstance where continuing to subsidize living costs, etc. is necessary due to critical diseases, physical disabilities, etc., the period of subsidizing living costs, etc. may be extended by up to six months.
(2)        The Minister of Justice shall determine the subsidization or non-subsidization of living costs, etc. prescribed in paragraph (1) and the amount of subsidization in consideration of refugee applicants' period of stay in Korea, working or not working, using or not using refugee support facilities, presence or non-presence of dependent family members, living conditions, etc.
(3)        Matters necessary for applying for subsidization of living costs, etc. prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice.

Enforcement Ordinance

Article 18 (Work Permits)

Work permits prescribed in Article 40 (2) of the Act shall be granted by the same method as for granting permission for activities not covered by status of stay prescribed in Article 20 of the Immigration Act.

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.

Enforcement Ordinance

Article 19 (Installation and Operation of Residential Facilities)

(1)        The Minister of Justice may install and operate residential facilities in which refugee applicants, etc. can dwell in refugee support facilities prescribed in Article 45 (1) of the Act (hereinafter referred to as "refugee support facility"), pursuant to Article 41 (1) of the Act.
(2)        The Minister of Justice may make refugee applicants at the ports of entry and departure and refugees desiring resettlement persons eligible to preferentially use residential facilities pursuant to Article 41 (2) of the Act.
(3)        The Minister of Justice may determine the period for using residential facilities up to six months: Provided, That where continuing to use refugee support facilities is inevitably necessary when considering the health conditions, dependent family members, etc., of the users of residential facilities, the period of using residential facilities may be extended.
(4)        The Minister of Justice may restrict persons who impair or are likely to impair the safety and order of residential facilities from using residential facilities.

Article 42 (Provision of Medical Services)


Article 42 (Provision of Medical Services)        

Enforcement Ordinance

Article 20 (Medical Support)

(1)        If deemed necessary to protect the health of a refugee applicant pursuant to Article 42 of the Act, the Minister of Justice may have the refugee applicant undergo medical examinations or subsidize the medical examination costs, etc. of the refugee applicant within budgetary limits.
(2)        The Minister of Justice shall endeavor to provide refugee applicants with information on emergency medical services prescribed in the Emergency Medical Service Act and information on other medical services available to the refugee applicants.
(3)        The head of a relevant Ministry or agency who intends to provide medical services to a refugee applicant may request the head of an Immigration Office, the head of the office, or the head of the branch office to verify the identification of the refugee applicant. In such cases, the head of an Immigration Office, the head of the office, or the head of the branch office shall verify if the person is a refugee applicant and inform the Ministry or agency requesting such verification of the results thereof without delay.

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 44 (Restriction on Treatment of Specific Refugee Applicants)

In cases of refugee applicants who fall under Article 2 (4) (c) or 8 (5) 2 or 3, part of the treatment prescribed in Articles 40 (1) and 41 through 43 may be restricted as prescribed by Presidential Decree.

Enforcement Ordinance

Article 21 (Restriction on Treatment of Specific Refugee Applicants)

The Minister of Justice shall not provide the following support to refugee applicants who fall under subparagraph 4 (c) of Article 2 of the Act or Article 8 (5) 2 and 3 pursuant to Article 44 of the Act: Provided, That the same shall not apply in an emergency or where such support is deemed necessary to be provided extraordinarily for humanitarian purposes:
1.        Subsidization of living costs, etc. prescribed in Article 40 (1) of the Act;
2.        Provision of residential facilities prescribed in Article 41 of the Act;
3.        Provision of medical services prescribed in Article 20 (1).

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

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