2-column view
REFUGEE ACT
| REFUGEE ACT | No.14408 | 20161220 |
| REFUGEE ACT | No.12421 | 20140619 |
| REFUGEE ACT | No.11298 | 20130701 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purpose of this Act is to prescribe matters concerning the status, treatment, etc. of refugees in accordance with the 1951 Convention Relating to the Status of Refugees (hereinafter referred to as the "Refugee Convention") and the 1967 Protocol Relating to the Status of Refugees (hereinafter referred to as the "Refugee Protocol").
| Article 2 (Definitions) |
The terms used in this Act shall be defined as follows:
| 1. | The term "refugee" means a foreigner who is unable or does not desire to receive protection from the nation of his/her nationality in well-grounded fear that he/she is likely to be persecuted based on race, religion, nationality, the status of a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not desire to return to the nation in which he/she resided before entering the Republic of Korea (hereinafter referred to as "nation of settlement") in such fear; |
| 2. | The term "person recognized as a refugee" (hereinafter referred to as "recognized refugee") means a foreigner recognized as a refugee under this Act; |
| 3. | The term "person granted a humanitarian stay permit (hereinafter referred to as "humanitarian sojourner") means a foreigner granted a stay permit from the Minister of Justice as prescribed by Presidential Decree as a person who has rational grounds for recognizing that his/her life, personal liberty, etc. is very likely to be infringed by torture, other inhumane treatment or punishment or other events even though he/she does not fall under subparagraph 1; |
| 4. | The term "person who has applied for refugee status" (hereinafter referred to as "refugee applicant") means a person who falls under any of the following as a foreigner who has applied for refugee status to the Republic of Korea: |
| (a) | A person whose application for refugee status is being screened; |
| (b) | A person for whom the period for raising an objection or the period for filing an administrative appeal or administrative litigation has not yet expired after being subject to a decision of non-recognition of refugee status or a decision of dismissal of an objection to a decision of non-recognition of refugee status; |
| (c) | A person for whom an administrative appeal or administration litigation against a decision of non-recognition of refugee status is under way; |
| 5. | The term "refugee desiring re-settlement" means a foreigner who desires to settle in the Republic of Korea among refugees outside the Republic of Korea; |
| 6. | The term "foreigner" means a person without the nationality of the Republic of Korea. |
| Article 3 (Prohibition of Compulsory Repatriation) |
No recognized refugee, humanitarian sojourner, nor refugee applicant shall be repatriated compulsorily against his/her will under Article 39 of the Refugee Convention and Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
| Article 4 (Application of Other Acts) |
Except as otherwise provided for in this Act, the status and treatment of recognized refugees, humanitarian sojourners, and refugee applicants shall be governed by the Immigration Act.
CHAPTER II APPLICATION, SCREENING, ETC. FOR REFUGEE STATUS
| Article 5 (Application for Refugee Status) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (2) | Where filing an application under paragraph (1), the following documents shall be submitted: |
| 1. | A passport or a certificate of foreigner registration: |
| 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: |
| (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) |
| (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.<Amended by Act No. 12421, Mar. 18, 2014> |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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. |
| Article 7 (Posting of Matters Necessary for Application for Refugee Status) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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: |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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. |
| Article 9 (Collection of Materials Favorable to Refugee Applicants) |
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) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| Article 11 (Cooperation of Relevant Administrative Agencies, etc.) |
| (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) |
A refugee applicant shall have a right to receive assistance from attorneys-at-law.
| Article 13 (Accompanied by Trusted Persons) |
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) |
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.
| Article 15 (Confirmation of Refugee Interview Protocols) |
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.) |
| (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: |
| (3) | Detailed methods and procedures for reading and reproduction prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 17 (Prohibition of Disclosure of Personal Information, etc.) |
| (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: |
| (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) |
| (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: |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| Article 19 (Restriction on Recognition of Refugee Status) |
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: |
| 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) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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: |
| Article 21 (Objections) |
| (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. <Amended by Act No. 12421, Mar. 18, 2014> |
| (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: |
| (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. |
| Article 22 (Cancellation, etc. of Decision to Recognize Refugee Status) |
| (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 |
| Article 23 (Non-Disclosure of Deliberation) |
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) |
| (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. |
CHAPTER III REFUGEE COMMITTEE, ETC.
| Article 25 (Establishment and Organization of Refugee Committee) |
| (1) | In order to deliberate on objections prescribed in Article 21, the Refugee Committee shall be established in the Ministry of Justice (hereinafter referred to as the "Committee"). |
| (2) | The Committee shall be comprised of not more than 15 members, including one Chairperson. |
| (3) | The Committee may have sub-committees. |
| Article 26 (Appointment of Members) |
| (1) | The members of the Committee shall be appointed or commissioned by the Minister of Justice among persons who fall under any of the following: |
| 1. | A person qualified as an attorney-at-law; |
| 2. | A person who is or was in the position of at least associate professor teaching jurisprudence at school prescribed in subparagraph 1 or 3 of Article 2 of the Higher Education Act; |
| 3. | A person who is or was a public official of at least Grade IV in charge of refugee-related affairs; |
| 4. | A person with professional knowledge and experience with refugees. |
| (2) | The Chairperson of the Committee shall be appointed by the Minister of Justice among the members of the Committee. |
| (3) | The term of office of members shall be three years, and they may be re-appointed. |
| Article 27 (Refugee Investigators) |
| (1) | The Committee shall appoint refugee investigators. |
| (2) | A refugee investigator shall conduct investigations concerning objections and handle other administrative affairs of the Committee under the direction of the Chairperson. |
| Article 28 (Operation of Refugee Committee) |
Matters necessary for the operation, etc. of the Committee other than those provided for in Articles 25 through 27 shall be prescribed by Ordinance of the Ministry of Justice.
| Article 29 (Exchanges and Cooperation with UN Refugee Agency) |
| (1) | Where the UN Refugee Agency requests statistical data and other materials on the following matters, the Minister of Justice shall cooperate: |
| 1. | The status of recognized refugees and refugee applicants; |
| 2. | The situation of implementation by the Refugee Convention and the Refugee Protocol; |
| 3. | Refugee-related statutes (including prior announcement of legislation). |
| (2) | The Minister of Justice shall, when requested by the UN Refugee Agency or refugee applicants, cooperate to enable the UN Refugee Agency to conduct the following acts: |
| 1. | Interviewing refugee applicants; |
| 2. | Participating in the interviews of refugee applicants; |
| 3. | Presenting opinions on application for refugee status and objections. |
| (3) | The Minister of Justice and the Refugee Committee shall provide the UN Refugee Agency with convenience so that it can smoothly conduct the duty to check the situation of implementation of the Refugee Convention and the Refugee Protocol. |
CHAPTER IV TREATMENT OF RECOGNIZED REFUGEES, ETC.
SECTION 1 Treatment of Recognized Refugees
| 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. |
| 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. |
| 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.
| 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.
SECTION 2 Treatment of Humanitarian Sojourners
| Article 39 (Treatment of Humanitarian Sojourners) |
The Minister of Justice may permit recruiting of humanitarian sojourners.
SECTION 3 Treatment of Refugee Applicants
| 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. |
| 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. |
| Article 42 (Provision of Medical Services) |
The Minister of Justice may provide refugee applicants with medical services as prescribed by Presidential Decree.
| 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.
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. |
| 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. <Amended by Act No. 12421, Mar. 18, 2014>
| 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]
CHAPTER VI PENALTY PROVISIONS
| Article 47 (Penalty Provisions) |
A person who falls under any of the followings shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who violates Article 17; |
| 2. | A person who becomes a recognized refugee or obtains a humanitarian stay permit after submitting false documents, making false statements, or concealing facts. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2013.
Article 2 (Applicability)
This Act shall apply starting from the first application for refugee status filed after this Act enters into force.
Article 3 Omitted.
ADDENDA <Act No. 12421, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14408, Dec. 20, 2016>
This Act shall enter into force on the date of its promulgation.
ENFORCEMENT DECREE OF THE REFUGEE ACT
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.31907 | 20210727 |
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.31263 | 20201215 |
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.30278 | 20191231 |
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.28870 | 20180510 |
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.25354 | 20140521 |
| ENFORCEMENT DECREE OF THE REFUGEE ACT | No.24628 | 20130701 |
| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated 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"): <Amended on Jul. 27, 2021> |
| 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) 2 of this Decree. |
| (2) | Where granting a humanitarian stay permit pursuant to subparagraph 3 of Article 2 of the Act, and paragraph (1) of this Article, 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 to dismiss objection with or without prejudice prescribed in Article 11 (3) of this Decree, stating to the effect that a humanitarian stay permit is granted. <Amended on Jul. 27, 2021> |
| (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 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. <Amended on May 8, 2018> |
| (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. <Amended on May 8, 2018> |
| (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. <Amended on May 8, 2018> |
| (4) | Article 5 (3) and (4) of the Act shall apply |
| 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. <Amended on May 8, 2018> |
| (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 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.: |
| 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. <Amended on May 8, 2018> |
| (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. <Amended on May 8, 2018> |
| (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. <Newly Inserted on Dec. 31, 2019> |
| 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) |
| (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: |
| (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): |
| 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) | 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 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 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. <Amended on Jul. 27, 2021>
[This Article Newly Inserted on Dec. 31, 2019]
| 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: |
[This Article Newly Inserted on Jul. 27, 2021]
| 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. <Amended on Dec. 15, 2020> |
| (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. <Newly Inserted on Dec. 15, 2020> |
| Article 11 (Decision on Objections) |
| (1) | The Minister of Justice shall decide on objections as follows: <Amended on Jul. 27, 2021> |
| 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: |
| 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 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) |
| (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: |
| (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 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: |
| (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 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. <Amended on May 8, 2018> |
| 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) |
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 on 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: |
| 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 (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: <Amended on May 8, 2018; Dec. 31, 2019> |
| 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. <Newly Inserted on Dec. 31, 2019> |
| 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: <Amended on May 8, 2018>
| 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 <Presidential Decree No. 24628, Jun. 21, 2013>
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.
ADDENDA <Presidential Decree No. 28870, May 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 10, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30278, Dec. 31, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Issuance of Notice of Decision Not to Refer to Refugee Status Screening)
The amended provisions of Article 5 (7) shall also apply to a person who has applied for refugee status under Article 6 of the Act before this Decree enters into force and for whom a decision on whether to refer to refugee status screening has not been made as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 31263, Dec. 15, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31907, Jul. 27, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Decision to Dismiss Objection without Prejudice)
The amended provisions of Article 11 shall also apply to objections being deliberated by the Refugee Committee as at the time this Decree enters into force.