1. Refugee Policy of the Republic of Korea
August 10th 2010
Ministry of Justice, Republic of Korea

2. Table of Contents Overview Recent Developments RSD Procedures
Assistance Policy
Detention Procedures
Statistics

3. Overview on Korea’s Refugee Policy
Dec. 3rd Joined the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees
Dec Enacted provisions on refugees into the Korean Immigration Act
Jan First refugee recognized
July Refugee Unit of Seoul Immigration Office established
May Nationality and Refugee Division established at Seoul Immigration Office
Dec Revised Korean Immigration Act enacted

4. Recent Developments Increase in staffing of refugee officers
Average review period decreased to 12 months
Revised Korean Immigration Act (June 2009)
1) Appeal period increased from 7 to 14 days
2) Definition of Humanitarian Status included
3) Employment allowed for humanitarian status holders
and asylum-seekers (1 year after application)
4) Establishment of Refugee Reception Center
5) Exemption from Reciprocity

5. Who is a refugee?
“The term refugee means a person who falls under the definition of Article 1 of the 1951 Refugee Convention.”
- Article , Korea Immigration Act
“A person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.”
- Article 1, 1951 Refugee Convention

6. Refugee Status Determination Procedures
Application
Immigration Office,
Detention Center
Interview &
Report to MOJ
External Consultation
(MOFAT, UNHCR)
Minister of Justice
Approve
Disapprove
Issuance of Refugee Status
Certificate
& Residence Permit(F-2)
Minister of Justice
Appeal
Humanitarian
Status
Repatriation
Refugee Recognition
Committee
Approve
Disapprove

7. Application Procedures
Seoul Immigration Office Refugee Unit
14 Immigration Offices
2 Detention Centers
Application form, identification, supporting documents (if applicable)
Receive counseling on asylum procedures

8. First Instance Procedure
Interviews and Reporting (including credibility assessment)
Review by Nationality and Refugee Division
Decision
Approve: Refugee Status Certificate issued
Disapprove: Non-recognition Notice issued

9. Appeals Procedure Appeals made within 14 days of notice
Review by the Refugee Recognition Committee
- Appeal review and advisory role to the Ministry
- Chaired by Deputy Minister of Justice, members include
government officials, judge and other refugee experts
Decision by the Minister of Justice (respecting the Committee’s opinion)

10. Assistance Policy Refugees - Residence Visa (F-2), allowed employment
- Eligible for National Health Insurance,
National Basic Living Security, and others
Reception Center to be established in 2012
- Livelihood assistance for asylum-seekers and
social integration program for refugees
Emergency medical assistance (MOHW)
Creation of a Social Service Network

11. Refugee and Humanitarian Status Holders

12. Annual Asylum Applications

13. Countries of Origin of Asylum Seekers

14. Countries of Origin of Refugees