Refugee Act [See entire ACT]

CHAPTER V SUPPLEMENTARY PROVISIONS

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.

Enforcement Ordinance

Article 22 (Operation of Council for Treatment of Recognized Refugees)

If necessary for the treatment of recognized refugees, refugee applicants, etc., the Minister of Justice may organize and operate a council comprised of public officials of relevant agencies.

Enforcement Ordinance

Article 23 (Refugee Support Facilities)

(1)        For the efficient performance of duties to support recognized refugees, refugee applicants, etc., the Minister of Justice may establish residential facilities, food service facilities, educational facilities, medical facilities, athletic facilities, counselling rooms, etc. in refugee support facilities.
(2)        The Minister of Justice may allow any of the following persons to use refugee support facilities: Provided, That the Minister of Justice may limit persons eligible to use refugee support facilities or determine persons eligible to preferentially use refugee support facilities in consideration of the type, size of accommodation, etc. of refugee support facilities:
1.        Recognized refugees;
2.        Refugee applicants;
3.        Humanitarian sojourners;
4.        Spouses and minor children of persons who fall under subparagraphs 1 through 3.
(3)        The Minister of Justice may exclude persons who impair or are likely to impair the safety and order of refugee support facilities from persons eligible to use refugee support facilities or restrict them from using such facilities.
(4)        The Minister of Justice may entrust part of affairs concerning meal services, education, medical services, etc. managed at refugee support facilities to corporations or organizations professionally providing the relevant services, pursuant to Article 45 (2) of the Act.

Article 46 (Delegation of Authority)

The Minister of Justice may delegate part of the authority prescribed by this Act to the heads of local immigration offices and foreigner-related offices as prescribed by Presidential Decree.

Enforcement Ordinance

Article 24 (Entrustment of Authority)

(1)        The Minister of Justice shall delegate the following authority to 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 (in cases of the head of the competent immigration detention center, subparagraphs 3, 8, 9, and 11 shall be excluded) pursuant to Article 46 of the Act:
1.        Humanitarian stay permits prescribed in subparagraph 3 of Article 2 of the Act;
2.        Issuance of certificates of receipt prescribed in Article 5 (5) of the Act and in Article 5 (6) of this Decree;
3.        Decision of referring to refugee status screening and entry permits prescribed in Article 6 (3) of the Act;
4.        Refugee status screening prescribed in Article 8 of the Act;
5.        Requests for cooperation prescribed in Article 11 (1) of the Act (excluding requests for cooperation related to objections prescribed in Article 21 of the Act);
6.        Matters concerning decision of recognition of refugee status prescribed in Article 18 of the Act;
7.        Matters concerning the cancellation and withdrawal of decision of recognition of refugee status prescribed in Article 22 of the Act;
8.        Permission of entry of spouses, etc. of recognized refugees prescribed in Article 37 of the Act;
9.        Permission for recruiting activities prescribed in Article 39 of the Act and work permits prescribed in Article 40 (2);
10.        Provision of medical services prescribed in Article 42 of the Act;
11.        Issuance of notices of a decision not to refer to refugee status screening prescribed in Article 5 (7).
(2)        Of matters regarding the operation of refugee support facilities under Article 45 (1), the Minister of Justice shall delegate the authority regarding the determination of eligible users, etc. under Article 23 (2) and (3) to the heads of immigration reception centers under Article 46 of the Act.

Article 46-2 (Legal Fiction in Application of Penalty Provisions to Public Officials)

Members who are not public officials among the members of the Refugee Committee (including sub-committees) prescribed in Article 25 shall be considered as public officials in the application of Articles 127 and 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 14408, Dec. 20, 2016]

Enforcement Ordinance

Article 25 (Processing of Sensitive Information and Personally Identifiable Information)

Where inevitable to perform the following duties, the Minister of Justice, the head of an Immigration Office, the head of an office, the head of a branch office, the head of an immigration detention center, or refugee screening officers, etc. may process data including information on ideology, belief and health prescribed in Article 23 of the Personal Information Protection Act, information falling into genetic information or criminal history records prescribed in subparagraph 1 or 2 of Article 18 of the Enforcement Decree of the said Act, and passport numbers or foreigner registration numbers prescribed in subparagraph 2 or 4 of Article 19 of the said Decree:
1.        Administrative affairs concerning refugee status screening prescribed in Article 8 of the Act;
2.        Administrative affairs concerning fact-finding investigations prescribed in Article 10 of the Act;
3.        Administrative affairs concerning cooperation prescribed in Article 11 of the Act;
4.        Administrative affairs concerning the reading and reproduction of materials, etc. prescribed in Article 16 of the Act;
5.        Administrative affairs concerning recognition of refugee status, etc. prescribed in Article 18 of the Act;
6.        Administrative affairs concerning protection for verifying identifications prescribed in Article 20 of the Act;
7.        Administrative affairs concerning objections prescribed in Article 21 of the Act;
8.        Administrative affairs concerning the cancellation of decision of recognition of refugee status prescribed in Article 22 of the Act;
9.        Administrative affairs concerning the accommodation of refugees desiring resettlement prescribed in Article 24 of the Act;
10.        Administrative affairs concerning the guarantee of education prescribed in Article 33 of the Act;
11.        Administrative affairs concerning social adaptation education, etc. prescribed in Article 34 of the Act;
12.        Administrative affairs concerning the permission of entry of spouses, etc. prescribed in Article 37 of the Act;
13.        Administrative affairs concerning permission for recruiting activities prescribed in Article 39 of the Act;
14.        Administrative affairs concerning the subsidizations of living costs, etc. prescribed in Article 40 of the Act;
15.        Administrative affairs concerning the provision of residential facilities prescribed in Article 41 of the Act;
16.        Administrative affairs concerning the provision of medical services prescribed in Article 42 of the Act;
17.        Administrative affairs concerning the operation of refugee support facilities prescribed in Article 45 of the Act.

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