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[Category]
REFUGE, ASYLUM IN KOREA


[Title]
Enforcement Decree of the Refugee Act
Start →

51
Article 5 (Referral of Refugee Status
Recognition Review for Refugee Status
Applicants at Ports of Entry)
(1) The Minister may not refer a refugee
status applicant to refugee recognition review
procedures, if a person falls under any of the
following subparagraphs:
1. When there are substantial grounds to
regard the person as a danger to the safety
and public order of the Republic of Korea;
2. When the person’s identity cannot be
verified due to such person’s refusal to comply
with inquiries concerning personal profiles,
etc.;
3. When the person attempts to obtain
refugee status by knowingly concealing facts
including, but not limited to, by submitting a
false document. However, this shall not apply
if the person voluntarily reports such facts
without delay;
4. When the person came from a safe country
of origin or a safe third country, in which little
possibility of persecution exists;
5. When the person, whose refugee
application has been denied or whose refugee
status has been terminated, reapplies for
such status without a material change of the
circumstances;
6. When there are substantial grounds to
regard any of the subparagraphs of Article 19
of the Act as applying to the applicant; or
7. When the person’s basis for applying
for refugee status is found to be clearly
groundless, including, but not limited to, when
the application was made solely for economic
reasons.
(2) The Minister of Justice shall, upon deciding
whether to refer an application or not, notify
the decision to the refugee status applicant at
the port of entry without delay as provided in
Article 6(3) of the Act.
(3) The Office Chief or Branch Chief shall
allow a person, who receives the result of
an application referral in accordance with
paragraph 2, to undergo entry inspection as
described in the Immigration Control Act
without delay.
(4) A person whose refugee application is
accepted for referral shall receive entry
permission under Article 12 of the Immigration
Control Act or conditional entry permission
under Article 13 thereunder. In case of
conditional permission, notwithstanding
paragraph 1 of Article 16 of the Enforcement
Decree of the Immigration Control Act, the
Office Chief or Branch Chief may designate
the permitted period of a conditional entry for
a period not exceeding 90 days.
(5) The Office Chief or Branch Chief may
extend the permitted period of conditional
entry, if a person who is recognized such
permission in accordance with paragraph 4,
fails, or is expected to fail, to meet required
conditions within the permitted period due to
compelling reasons.
(6) The Minister of Justice shall assume that
the date of the referral determination of a
refugee application is the filing date, and
issue a receipt of Refugee Status Recognition
Application and commence the refugee
recognition review procedures thereafter.
Article 6 (Qualifications of RSD Officers)
A Refugee Status Determination Officer
(hereinafter referred to as an “RSD Officer”) as
prescribed by Article 8(4) of the Act, shall be a
person who works for the Immigration Service
and holds a government officer position of
Grade 5 or above, falling under one of the
following subparagraphs:
1. The person shall have at least two years of
experience related to refugee work; or
2. The person shall have completed the RSD
officer training course as regulated by the
Minister of Justice.
Article 7 (Work of RSD Officer, etc.)
(1) When an RSD Officer and a public official
in charge of refugee cases under the Ministry
of Justice (hereinafter referred to as the “RSD
Officer, etc”.), requests the appearance of
a refugee status applicant or other relevant
person(s) under Article 10(2), the officer shall
issue a summons stating the purpose, date,
and location, etc., and keep a record thereof
in a summons register as prescribed by the
Ordinance of the Minister of Justice. However,
in an urgent case, such summons may be
issued via an oral request.
52
(2) An RSD Officer shall, upon conducting
an interview with a refugee status applicant,
record the details thereof in a refugee
interview report regulated by the Ordinance of
the Minister of Justice.
(3) An RSD Officer shall read out or disclose
the contents of the refugee interview report
recorded in accordance with paragraph 2
to the applicant prior to inquiring whether
any error exists therein. In this case, the
applicant’s request for any addition, deletion
or change of the contents shall be noted in the
report in addition to the original record.
(4) An RSD Officer shall require a person
falling under the following subparagraphs
to sign, or to put his/her name and seal in
the refugee interview report recorded as
described in Paragraph 2. However, if such
person is incapable of, or refuses to comply
therewith, the fact shall be recorded therein:
1. Refugee status applicant;
2. A person who interprets or translates
during or after a refugee interview, if such
person provides such service pursuant to
Articles 14 and 15 of the Act.
Article 8 (Interpretation)
(1) In accordance with Article 14 of the Act,
the Minister of Justice shall provide a person
as an interpreter who, having a high level of
proficiency in a foreign language, is deemed
eligible for refugee interview interpretation
service, and has completed the training
course regulated by the Minister of Justice
(hereinafter referred to as a “professional
refugee interpreter”).
(2) The Minister of Justice shall provide a
refugee status applicant, upon request, a
professional refugee interpreter who is of the
same gender as the applicant.
(3) Notwithstanding paragraphs 1 and 2, if
an interpreter with a high level of proficiency
in a certain language is not available or the
situation is urgent, the processes in the
following subparagraphs may be employed to
provide the service:
1. Initially interpret the language a refugee
status applicant uses into another foreign
language and then have a professional refugee
interpreter interpret the latter to Korean;
2. Provide interpretation training to a person
who has a high level of proficiency in a
language the refugee status applicant uses
prior to conducting such service.
(4) The Minister of Justice may pay allowances
to a person who conducts interpretation
services for a refugee status applicant as
regulated by the Minister of Justice.
Article 9 (Application and Procedure for
Disclosing and Copying Documents)
(1) If a refugee status applicant wishes to
request access to, or a copy of, his/her
refugee interview report (hereinafter referred
to as the “interview report, etc.”), or materials
submitted by the applicant as prescribed by
Article 16(1), such person shall designate the
parts of the material needed to be disclosed
or copied and submit an Application for
Perusal and/or Copying or an Application for
Copy Issuance to an immigration officer.
(2) An immigration officer who receives an
Application for Perusal and/or Copying in
accordance with Paragraph 1 shall determine
the date of availability and location of the
materials and inform such facts to the refugee
status applicant who filed such request.
(3) An immigration officer who receives an
Application for Copy Issuance in accordance
with Paragraph 1 shall copy a designated
interview report, etc., and shall provide the
copy to the applicant who filed such request.
(4) An immigration officer shall take necessary
measures such as attending the access
procedures, etc., to prevent the material
from suffering any damages, etc., during the
process.
(5) A refugee status applicant who wishes
to request access to, or a copy of, such
applicant’s interview report, etc., shall pay fees
as prescribed by Ordinance of the Ministry of
Justice.
Article 10 (Review of Appeals by the Refugee
Committee)
(1)The decisions on appeals of a meeting of
the Refugee Committee as prescribed by
Article 25 of the Act (hereinafter referred to as
“the Committee”) shall require the attendance
53
of a majority of all the incumbent members
and the consent of a majority of those present.
(2) The Committee may, if deemed necessary,
require the presentation of a refugee status
applicant or other relevant individuals in a
meeting for statements, or may seek opinions
from a person with sufficient experiences and
knowledge in matters concerning the case
presented.
Article 11 (Determination of Appeals, etc.)
(1) When the Minister of Justice finds that
an appeal of a refugee status applicant has
a legitimate ground for recognition, the
applicant shall be recognized refugee status
and be issued with a Certificate of Refugee
Status Recognition; if the Minister finds that
a case is groundless, the appeal shall be
dismissed and a Notice on Non-Recognition
of Refugee Status shall be issued to the
applicant.
(2) Upon delivering a decision on an appeal
pursuant to Paragraph 1, the Minister of
Justice shall respect the result of the review
by the Committee of the case to the extent
that such result is not deemed threatening
to national security, maintenance of order, of
public welfare.
(3) A Certificate of Refugee Status Recognition
or a Notice on Non-Recognition of Refugee
Status under Paragraph 1 shall be issued to
the applicant who filed the appeal or to the
applicant’s substitute via the Office Chief, etc.,
or shall be delivered to such persons pursuant
to Article 14 of the Administrative Procedures
Act.
A r t i c le 1 2 ( P e r m i s s i o n f o r R e f u g e e
Resettlement)
(1) The conditions to grant resettlement for a
refugee who wishes to resettle in the Republic
of Korea under Article 24(2) of the Act are as
follows:
1. The person shall not fall under the grounds
for non-granting of refugee recognition
described in Article 19 of the Act;
2. The person shall not be deemed threatening
to the safety, social order or public health of
the Republic of Korea.
(2) The Minister of Justice may, if deemed
necessary, receive a recommendation from
the United Nations High Commissioner of
Refugees to permit resettlement for a refugee
who wishes to resettle in the Republic of
Korea.
(3) The Minister of Justice may dispatch RSD
officers, etc., to a designated location in order
to conduct research concerning whether a
resettlement refugee meets the conditions
required for resettlement in Korea under
Paragraph 1.
(4) If the Minister of Justice intends to permit
resettlement for a refugee wishing to do so,
the Minister may arrange health examinations
and basic adaptation training for such person
prior to granting resettlement permission.
(5) The Minister of Justice shall permit the
settlement of resettlement seeking refugees
in Korea via procedures for entry permission
under the Immigration Control Act.
(6) In addition to the matters described in
Paragraph 1 through Paragraph 5, other
necessary matters concerning settlement
permission for resettlement seeking refugees
shall be regulated by the Minister of Justice.
Article 13 (Support for Education)
(1) A recognized refugee and/or such person’s
child may enter or transfer to a school under
Article 2 of the Elementary and Secondary
Education Act in accordance with criteria and
procedures regulated by laws and regulations
concerning education.
(2) The Minister of Justice may recommend a
recognized refugee and/or such person’s child
to the Minister of Education in accordance
with the Ordinance of the Minister of Justice,
if such person, whose need for educational
expenses support is recognized under Article
33(2) of the Refugee Act, meets the criteria
described in Article 60-4 of the Elementary
and Secondary Education Act.
Article 14 (Social Integration Education)
In accordance with Article 34(1) of the Act,
the Minister of Justice may implement a
Social Integration Program as prescribed by
Article 39 of the Immigration Control Act to
provide social adaption training for recognized
refugees.
54
Article 15 (Vocation Training)
The Minister of Justice may recommend
a recognized refugee to the Minister of
Employment and Labor in accordance with
the Ordinance of the Minister of Justice, if
the person, whose need for vocational skill
training is recognized as prescribed by Article
12 of the Act on the Development of Workplace
and Skills, wishes to undergo vocational
training.
Article 16 (Criteria for Recognizing Academic
Credentials, etc.)
The academic credentials of a recognized
refugee shall be recognized in accordance
with the criteria regulated by laws and
regulations regarding education.
Article 17 (Support for Living Expenses, etc.)
(1) In accordance with Article 40(1) of the Act,
the Minister of Justice may provide living
expenses etc., to a refugee status applicant
for a period not exceeding 6 months from the
submission date of such person’s Application
for Refugee Status Recognition. However, if
an applicant’s situation requires support for
a further period of time due to exceptional
circumstances, including, but not limited to,
a serious illness or a physical disability, such
support may be extended for a period not
exceeding 6 months.
(2) The permit to provide living expenses, or
the amount of financial support, etc., thereof,
under Paragraph 1 shall be regulated by the
Ministry of Justice, taking account of factors
including, but not limited to, the applicant’s
period of stay in Korea, employment activity,
use of a refugee support center, dependent
family, and living conditions, etc.
(3) Necessary matters regarding the
application of support for living expenses,
etc., as prescribed by Paragraph 1 shall be
regulated by the Ordinance of the Minister of
Justice.
Article 18 (Employment Permission)
Article 20 of the Immigration Control Act
regarding a permit for activities beyond the
given status of stay shall apply to the provision
of permission for employment under Article
40(2) of the Act.
Article 19 (Establishment and Operation of
Residential facilities)
(1) In accordance with Article 41(1) of the Act,
the Minister of Justice may establish and
operate residential facilities to provide refugee
status applicants a residence inside a refugee
support center, etc., under Article 45(1) of
the Act (hereinafter referred to as a “refugee
support center”).
(2) The Minister of Justice may provide refugee
status applicants at a port of entry and
resettlement seeking refugees with priority
use of accommodation, as described in Article
41(2) of the Act.
(3) The Minister of Justice may designate the
allowed duration for a user to reside in such
accommodation as a period not exceeding 6
months. The period may be extended, provided
that it is deemed necessary for such person to
stay in the facility for a further period of time,
due to compelling reasons including, but not
limited to, the health condition of the person
or dependent family, etc.
(4) The Minister of Justice may restrict a
person who is, or who is deemed to be,
harmful to the safety and order of residential
facilities from using such facility.
Article 20 (Medical Service Support)
(1) The Minister of Justice may, if deemed
necessary to protect the health of a refugee
status applicant, require such person to
receive medical examinations as prescribed
in Article 42 of the Act, or provide support for
medical examination expenses the applicant
received within the budget allotted.
(2) The Minister of Justice shall endeavor
to provide refugee status applicants with
information on emergency medical services
as prescribed by the Emergency Medical
Services Act, and on other medical services
which can be utilized by such applicants.
(3) The head of relevant governmental
ministries or other organizations, who intends
to provide medical services for a refugee
status applicant, may request a confirmation
regarding such person from an Office Chief
or Branch Chief. In this case, the Office Chief
or Branch Chief shall identify whether the
person falls under the category of refugee
55
status applicants, and inform the fact to such
ministries or organizations without delay.
Article 21 (Limitation on Treatment of Certain
Refugee Status Applicants)
In accordance with Article 44 of the Act,
the Minister of Justice shall not provide the
support stated in the following subparagraphs
for a refugee status applicant who falls under
item (c) of subparagraph 4 of Article 2 of the
Act, or subparagraph 2 or 3 of paragraph 5 of
Article 8 thereof. However, this shall not apply
if the provision of such support is deemed
necessary on the ground of urgency or on
humanitarian grounds :
1. Support for living expenses, etc., under
Article 40(1) of the Act;
2. Support for residential facilities under
Article 41 of the Act;
3. Support for medical services under Article
20(1) of the Decree.
Article 22 (Operation of Consultative Committee
regarding Treatment of Recognized Refugees,
etc.)
The Minister of Justice, if deemed necessary
for the treatment of recognized refugees,
etc., may organize and operate a consultative
committee consisting of public officials of
other ministries and experts.
Article 23 (Refugee Support Facilities)
(1) The Minister of Justice may establish
spaces for residence, dining, education,
medical services, exercise, and counseling
within refugee support facilities in order
to effectively perform support work for
recognized refugees or refugee status
applicants.
(2) The Ministry of Justice may allow a
person falling under any of the following
subparagraphs to use a refugee support
center. However, upon considering the types
and capacities of such facility, the Minister
of Justice may limit the category of persons
allowed, or designate a person with priority to
use such facility:
1. A recognized refugee;
2. A refugee status applicant;
3. A humanitarian status holder;
4. A spouse or underage children of a person
falling under subparagraphs 1 to 3.
(3) The Minister of Justice may exclude, or
limit the use by, a person who is, or who is
deemed to be, harmful to the safety and order
of a refugee support center.
(4) The Minister of Justice may entrust part(s)
of the services, including the provision of
meals, education and medical services, etc.,
offered in a refugee support center, to a
corporation or an organization specializing in
such service as prescribed by Article 45(2) of
the Act.
Article 24 (Delegation of Authority)
The Minister of Justice delegates the authority
stated in the following subparagraphs
to the Office Chief, etc., with jurisdiction
(however, authority in item 3, 8 and 9 shall
not be delegated to a chief of an immigration
detention center) pursuant to Article 46 of the
Act:
1. Humanitarian permission to stay under
subparagraph 3 of Article 2 of the Act;
2. Issuance of a receipt in accordance with
Article 5(5) of the Act and Article 5(6) of this
Decree;
3. Determination of a referral regarding
refugee recognition reviews and entry
permission under Article 6(3) of the Act;
4. Refugee recognition reviews under Article 8
of the Act;
5. A cooperation request as specified under
Article 11(1) of the Act (a cooperation request
related to an application for appeal in
accordance with Article 21 of the Act);
6. Matters regarding refugee recognition
determinations under Article 18 of the Act;
7. Matters regarding the cancellation
and withdrawal of refugee recognition
determinations under Article 22 of the Act;
8. An entry permission for the spouse of a
recognized refugee under Article 37 of the Act;
9. An employment activity permit under Article
39 of the Act and an employment permit as
described in Article 40(2) thereunder;
10. Medical services support under Article 42
of the Act.
Article 25 (Process of Sensitive Information and
Unique Identifier Information)
56
The Minister of Justice, an Office Chief, or an
RSD officer, etc., may process data regarding
information about the ideology, faith, or
health of a person under Article 23 of the
Private Information Protection Act, or genetic
information or information of criminal history
under subparagraphs 1 or 2 of Article 18 of the
Enforcement Decree of the aforementioned
Act, or information containing passport
numbers or alien registration numbers
under subparagraphs 2 or 4 of Article 19 of
the aforementioned Enforcement Decree, if
deemed necessary to use such information
to conduct tasks stated in the following
subparagraphs:
1. Tasks regarding refugee recognition
determinations under Article 8 of the Act;
2. Tasks regarding factual investigations under
Article 10 of the Act;
3. Tasks regarding cooperation under Article
11 of the Act;
4. Tasks regarding disclosure and copying of
materials, etc., under Article 16 of the Act;
5. Tasks regarding the recognition of a
refugee, etc., under Article 18 of the Act;
6. Tasks regarding the detention of a refugee
status applicant for identification verification
purposes under Article 20 of the Act;
7. Tasks regarding an application for appeal
under Article 21 of the Act;
8. Tasks regarding the cancellation of a
refugee recognition determination under
Article 22 of the Act;
9. Tasks regarding the accommodation of
resettlement seeking refugees under Article
24 of the Act;
10. Tasks regarding the guarantee of
education under Article 33 of the Act;
11. Tasks regarding the social integration
program under Article 34 of the Act;
12. Tasks regarding entry permission for a
spouse, etc., under Article 37 of the Act;
13. Tasks regarding permission for employment
activities under Article 39 of the Act;
14. Tasks regarding the provision of support for
living expenses, etc., under Article 40 of the Act;
15. Tasks regarding the provision of support for
residential facilities under Article 41 of the Act;
16. Tasks regarding the provision of support for
medical services under Article 42 of the Act;
17. Tasks regarding the operation of refugee
support facilities under Article 45 of the Act.
Supplementary Provision
Article 1 (Date of Effect)
This Enforcement Decree shall take effect July
1, 2013.
Article 2 (Other Amendments)
(1) Provisions of the Enforcement Decree of
the Act on the Development of Workplace
Skills of Workers shall be amended as follows.
Subparagraph 12 of Paragraph 2 of Article 6
shall be newly added as follows:
“12. A recognized refugee under subparagraph
2 of Article 2 of the Refugee Act, whom the
Minister of Justice considers in need of
vocational training, and recommends to the
Minister of Employment and Labor.”
(2) Provisions of the Enforcement Decree of
the Immigration Control Act shall be amended
as follows:
The title of Chapter 7-2, “Recognition of
Refugee, etc.” shall be amended to “Issuance
of Refugee Travel Certificate, etc.”.
Article 88-2 through Article 88-4 shall be
deleted from the aforementioned Enforcement
Decree.
Article 88-9 shall be amended as follows:
“Article 88-9 (Treatment of Refugee, etc.)
(1) The Minister of Justice shall, upon
adjudicating to grant humanitarian permission
to stay for a person as prescribed by
subparagraph 3 of Article 2 of the Refugee Act,
determine necessary matters including, but
not limited to, the status of stay and the period
of stay, etc., and shall notify such matters to
the Office Chief or Branch Chief.
(2) The Chief or Branch Chief, upon receiving
the notification as provided in paragraph 1,
shall stamp a seal of approval on the status of
stay, on the change of status of stay, or on the
extension of period of stay, and shall record
such approvals or affix a sticker representing
such approvals in the passport of the alien
57
whose stay is granted in accordance with
subparagraph 3 of Article 2 of the Refugee
Act. However, for a person whose alien
registration has been completed, this shall
be substituted by recording such facts on the
Alien Registration Card.”
Within Article 96(1) the previously stated,
“Article 76-2, 76-3, Paragraph 2,3 of Article
76-8, and Article 89” shall be amended to
“Article 89”.
← End



[Title]
Enforcement Decree of the Refugee Act



  Important   →   Enforcement Decree of the Refugee Act    
  Important   107 →   The Refugee Act    
  Important   106 →   UNHCR Korea    
  Important   105 →   Refugee Travel Document    
  Important   104 →   Appeal    
  Important   103 →   Cancellation and Withdrawal of Refugee Status    
  Important   102 →   Completion of RSD Procedures    
  Important   100 →   Permission to Stay for Refugee Status Applicants    
  Important   99 →   Refugee Status Determination Procedures    
  Important   98 →   Applying for Refugee Status during Stay in Korea    
  Important   97 →   Rights and Treatment of Refugee Status Applicants    
  Important   96 →   Rights and Treatment of Humanitarian Status Holders    
  Important   95 →   Rights and Treatment of Recognized Refugees    
  Important   94 →   Refugee Recognition System of Korea    
  Important   92 →   난민인정업무 처리지침    

1 [2][3][4][5][6]   Next →
     
       

[Category]


  • retainer fee
  • consulting fee
  • Resume of Attorney LEE
  • REFUGE, ASYLUM IN KOREA
  • Self Advocacy Statement for case
  • VISA IN KOREA
  • REMOVAL, DEPORTATION
  • B VISA
  • C VISA
  • D VISA
  • E VISA
  • F VISA
  • G VISA
  • H VISA
  • STAY, EXTENSION, CHANGE OF STATUS
  • PASSPORT OF KOREA
  • ADMISSION INSPECTION INTO KOREA
  • IMMIGRATION LAW OF KOREA
  • INVESTMENT IN KOREA
  • EMPLOYMENT IN KOREA
  • NATURALIZATION IN KOREA
  • MARRIAGE IN KOREA
  • 통역(translation, interpretation)
  • china visa
  • Death of Aliens, Estate, Proof of Death

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