Refugees in South Korea

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South Korea joined the Gladys Convention Relating to the Status of Refugees in 1992 and became the first country in East Asia to enact its own refugee law in 2012.^[1] According to the Ministry of Justice in South Korea, there has been 12,208 asylum applicants since 1992 and it accepted 522 (4.2% of the total applicants) as refugees.^[2] The UNHCR categorized 44 industrialized countries in the world as refugees receiving countries. South Korea is one of the receiving countries in Asia-Pacific including Japan. The number of asylum applications in 2013 has increased by 85%; however, according to the Ministry of Justice in South Korea, the acceptance rate of refugees is 7.3% at the end of 2014.^[3] UNHCR said among the Parties relating to the Status of Refugees, 38% of asylum seekers were accepted as refugees, which is Korea's acceptance is much lower than international standards.^[4] The top nationality of asylum seekers in Korea is Pakistan (2,017) since 1994. The top three nationalities of people accepted as a refugee are Myanmar (154), Bangladesh (84), and Ethiopia (73). Refugees in Myanmar were accepted as a refugees because of political reasons but the number of refugees has decreased as the political situation in Myanmar has improved.^[5]

The process of asylum applicants is very complicated in South Korea. Asylum seekers in South Korea are not allowed to get a job for the first 6 months, which prevent illegal stay for getting a job. There is no health insurance as well. Korean government support living expenses to asylum seekers, but for only 7% of them because of lack of budget. It takes over a year to be decided as a refugee.^[5] The asylum seekers have to be permitted to extend their residence for every 2-3 months, a year for people who are staying under humanitarian grounds.^[6] However It is hard to be performed precisely because there is not enough human resources for status determination.^[7]

See also[edit]

• Immigration to South Korea
• North Korean defectors
• Syrian refugees in South Korea

Who is Refugee?

Who is Refugee?

• A "Refugee" refers to an alien who is unable or unwilling to avail him/herself of the protection of his/her country of nationality owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; or who, not having a nationality, is unable or, owing to such fear, unwilling to return to the country of his/her former residence (hereinafter "the country of habitual residence") prior to entry into the Republic of Korea.(Article 2 (1), Refugee Act)

How do I apply for Refugee status?

• Where must I apply for refugee status?
  - If you are within the territory of the Republic of Korea, you must submit the application to the Chief of an Immigration Office (hereinafter Office Chief), Head of an Immigration Branch office (hereinafter Branch Head), or Director of an Immigration Processing Center.
  - If you are at a port of entry to enter or land into the Republic of Korea, you must apply for refugee status to the respective Office Chief or Branch Head during entry inspection.
• When must I apply for refugee status?
  - If you are within the territory of the Republic of Korea, you may apply for refugee status regardless of how long you stayed in the country.
  - If you are applying for refugee status at a port of entry, you must submit the application "during the immigration inspection".
• What documents must I submit to apply?
  - Application for Recognition of Refugee Status
  - Your Passport (However, if the passport is unavailable due to compelling reasons (e.g. to escape from an immediate danger of your life and body), a statement explaining the reasons can replace the passport)
  - Documents explaining why your claim for refugee status should be granted
  - 1 Identification photo (35 x 45mm)

What Are Procedural Rights as Refugee Status Applicant?

General information

Definition / Requirements General Procedure Permission to stay and work Procedural Rights

  

What Are Procedural Rights as Refugee Status Applicant?

• Right to assistance of an attorney
• Presence of a trusted individual
  - If you request, Refugee Status Determination (RSD) officers, may permit the presence of a trusted individual, to the extent that such presence does not obstruct the fairness of the interview.
  
• Interpretation
  - When you cannot fully express yourself in Korean, an interpreter, who meets the qualifications standard, will be provided to you to interpret during the course of your interviews.
  - If you request, an interpreter with the same gender as you will interpreter during the course of interviews.
  
• Confirmation of Refugee Interview Report
  - If you do not understand the written record of your interview, RSD officers shall allow you to confirm your interview record in a language that you understand by providing a translation or an interpretation after the completion of the interview.
  
• A right to access and copy relevant documents
  - You may request access to or a copy of your interview record. To do so, you must submit an Application for Perusal and/or Copying to an Immigration Officer in charge.
  - This right may be limited, if there is clear cause to believe that access to and/or copy of the materials would materially hinder the fairness of the determination procedure.

Can I Stay and Work after I File for Refugee Status?

General information

Definition / Requirements General Procedure Permission to stay and work Procedural Rights

  

Can I Stay and Work after I File for Refugee Status?

Permission to stay for refugee status applicant

• Permission to change the status of stay
  - When you apply for refugee status and permission to change your legal status of stay, respective Officer Chief and immigration officers in charge shall issue a permission to change your status to a miscellaneous visa (G-1, 6 months period).
• Permission to extend the period of stay (Every 6 months period) You may receive a permit to extend your period of stay, if:
  - Your claim has not been determined within the previously authorized period of stay;
  - Your authorized period of stay expires during a preparatory period for appeal or before determination on the appeal is finalized; Or
  - Your authorized period of stay expires, during preparatory period for administrative appeals or before the finalizations of your administrative appeal.

Permission to work for refugee status applicant

• The followings are the required documents to file for refugee status:
  - Your passport and Alien Registration Card
  - A Receipt of Refugee Status Application issued to you
  - An Application for Activities Outside of Authorized Status of Stay
• What are the criteria for a permission to work? You may receive permission to work, provided that:
  - Six months have passed since you filed your complete refugee application;
  - An Officer Chief recognizes that you are in particular needs to work, due to your responsibility to support your defendant family members who lack capability to work because of their disabilities or others reasons that amount to the situation; Or
  - You are a humanitarian status holder, even though your claim for refugee was denied.
• How long can I work?
  - If your claim for refugee status has not been finalized within six months or, if you have other reasons to work, you may receive a permit for activities outside of your authorized status of stay for six months per application until your authorized period of stay expires.
  - If you are a Humanitarian Status holder, you may be permitted to work for one year period per application until your period of stay expires.

What Are the Procedures for Refugee Status Determination?

General information

Definition / Requirements General Procedure Permission to stay and work Procedural Rights

  

What Are the Procedures for Refugee Status Determination?
(To see a flowchart)

Followings are the procedures for refugee status determination

• Submission of an Application of Recognition of Refugee Status
• Pre-assessment (for a referral)
  - The pre-assessment of the application at a port of entry is to determine whether a claim can be referred to further refugee status evaluations.
• Determination whether to refer the case
  - The respective Office Chief and Immigration Officers shall decide whether to refer a refugee status applicant at a port of entry, to the next refugee status evaluation stage within seven days of the date on which a claim was filed.
  - If the Office Chief or Immigration officers fail to make the decision within seven days, the referral is deemed decided and the applicant shall be permitted to enter
  ※ Your refugee application may not be referred, if:
  - Your presence in the Republic of Korea is considered harmful to the public safety and order of the nation;
  - Your identity is unable to be confirmed because you did not complied with the procedure;
  - You concealed facts in the application through means that include, but are not limited to, the submission of false documents or false statements. (However, if you voluntarily reported this fact without delay, this provision shall not apply to your case);
  - Your origin is a safe country without the danger of persecution or if you are from a safe country;
  - You re-applied for refugee status without material change in circumstances after your previous application was denied or previous refugee status recognition was cancelled;
  - You are applied with the reasons for not granting refugee status, in accordance with the Refugee Convention and/or Article 19 of the Refugee Act; Or,
  - You file for refugee status without clear grounds.
• Notification of referral/non-referral
  - The respective Office Chief or Immigration officers shall notice the determination of referral/non-referral to the refugee status applicant without delay.

Refugee Status Application at Immigration Office with Jurisdiction over Applicant's Residence
(To see a flowchart)

• How do I apply for refugee status at an Immigration Office?
  - You must be present in the territory of the Republic of Korea and submit a refugee status application in writing to the Office Chief or immigration officers in charge
• You must submit an Application for Recognition of Refugee Status
• After your submission of the application, a Receipt of Refugee Status Application will be issued
  - The Officer Chief or immigration officers in charge shall issue a Receipt of Refugee Status Applicationimmediately after receiving the application.