Law Viewer

Back Home

ENFORCEMENT DECREE OF THE REFUGEE ACT

Presidential Decree No. 24628, jun. 21, 2013

Amended by Presidential Decree No. 25354, May 21, 2014

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Refugee Act and matters necessary for the enforcement thereof.
 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) of this Decree.
(2) Where granting a humanitarian stay permit pursuant to subparagraph 3 of Article 2 of the Act, and paragraph (1), 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 of dismissal of objection prescribed in Article 11 (1) of this Decree, stating the will to grant a humanitarian stay permit.
(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 (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 office") or to the head of a branch office of an immigration 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 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 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.
 Article 4 (Installation, etc. of Waiting Rooms at Ports of Entry and Departure)
(1) 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.
 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/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 cancelled intends to obtain refugee status again without major changes in circumstances;
6. Where there is 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 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 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.
 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 7 (Performance of Duties of Refugee Screening Officers, etc.)
(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/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/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/her name or affix his/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 8 (Interpretation Services)
(1) The Minister of Justice shall have persons 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 9 (Methods and Procedures for Reading and Reproduction)
(1) Where a refugee applicant intends to request reading or reproduction of the materials he/she presented or refugee interview protocols (hereinafter referred to as "interview protocol, etc.") pursuant to Article 16 (1) of the Act, he/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/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 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 refugee applicants 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.
 Article 11 (Decision, etc. on Objections)
(1) Where an objection is deemed to have grounds, the Minister of Justice shall make a decision of recognition of refugee status and issue a certificate of recognition of refugee status to the demurrant, and where an objection is deemed to be groundless, the Minister shall make a decision of dismissal of the objection and deliver a notice of decision of dismissal of objection to the demurrant.
(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 concerned to harm national security, maintenance of order, or public welfare.
(3) A certificate of recognition of refugee status and a notice of decision of dismissal of objection prescribed in paragraph (1) shall be delivered to the demurrant or the proxy thereof through the head of the office, etc. or served thereon pursuant to Article 14 of the Administrative Procedures Act.
 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).
 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 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.
 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 16 (Standards, etc. 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 17 (Subsidization of Living Costs, etc.)
(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.
 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 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 as 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 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 the office or the head of the branch office to verify the identification of the refugee applicant. In such cases, the head of the office and 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 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).
 Article 22 (Operation of Council for Treatment of Recognized Refugees, etc.)
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. <Amended by Presidential Decree No. 25354, May 21, 2014>
 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 24 (Delegation of Authority)
The Minister of Justice shall delegate the following authority to the heads of competent offices, etc. (in cases of the heads of foreigner protection offices, subparagraphs 3, 8, and 9 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.
 Article 25 (Processing of Sensitive Information and Personally Identifiable Information)
Where inevitable to perform the following duties, the Minister of Justice, the heads of offices, etc. 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.
ADDENDA
Article 1 (Enforcement Date)
This Decree Shall enter into force on July 1, 2013
Article 2 Omitted
ADDENDUM <Presidential Decree No. 25354, May 21, 2014>
This Decree shall enter into force on the date of its promulgation.