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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →59 report, etc.) in accordance with Article 9(1) shall submit an Application for Perusal and/or Copying following the form in Annex No.7 to an immigration officer. (2) A refugee status applicant who wishes to request a disclosure or a copy of the interview report, etc., as provided in Article 9(5) shall pay the required fee designated as follows: 1.For a disclosure: 500 won per disclosure; 2.For a copy: 500 won per page. (3) Notwithstanding paragraph 2, an Office Chief, etc., may, if deemed necessary for humanitarian reasons, etc., not charge the fee to such applicant. (4) The fee specified in paragraph 2 shall be paid via revenue stamps. Article 8 (Certificate of Refugee Status Recognition, etc.) (1) In accordance with Article18 (1) of the Act, an Office Chief, etc., shall issue a Certificate of Refugee Status Recognition following the form in Annex No.8 to a person who is recognized as a refugee (hereinafter referred to as a recognized refugee), and record such fact in a Register of Refugee Status Recognition Certificate Issuance following the form in Annex No.9. (2) An Office Chief, etc., shall issue a Notice on Non-Recognition of Refugee Status following the form in Annex No. 10 to a refugee status applicant who is found to be ineligible for refugee recognition as provided in Article 18(2) of the Act. (3) If a recognized refugee who received the Certificate of Refugee Status Recognition under paragraph 1 has lost or damaged such certificate, such person shall apply for a reissue by submitting an Application for Reissuance of Certificate of Refugee Status Recognition in an attachment with the documents listed in the following subparagraphs: 1.Materials explaining reasons for application for reissuance; 2.The Certificate of Refugee Status Recognition (in damaged cases only); 3.A copy of an identification photo (3.5 cm x 4.5 cm) taken within 6 months of the date of application submission. (4) The Office Chief, etc., shall, upon receiving the Application for Reissuance of Certificate of Refugee, issue such certificate and record such fact in a Register of Refugee Certificate Reissuance following the form in Annex No. 12. (5) The Register of Refugee Status Recognition Certificate Issuance as prescribed by paragraph 1 and the Register of Refugee Certificate Reissuance under paragraph 3 shall be written and managed in electronic form, unless there is a compelling reason that renders it impossible to do so. Article 9 (Notice of Extension of Review Period of Refugee Status Recognition) An Office Chief, etc., shall, upon extending the review period of refugee status recognition pursuant to Article 18(4) of the Act, send a Notice of Extension of Review Period of Refugee Status Recognition following the form in Annex No.13 under paragraph 5 of the aforementioned Article. Article 10 (Procedure of Application for Appeal) (1) A person who wishes to file an appeal against a decision of non-recognition of refugee status, or, against a cancellation or withdrawal of refugee status recognition, shall submit an Application for Appeal following the form in Annex No. 14 (hereinafter referred to as an Appeal Application) attached by materials explaining the grounds for appeal application to the Office Chief, etc. (2) The Office Chief shall, upon receiving an appeal application as described in paragraph 1, send the application to the Minister of Justice without delay. (3) A written notice of the dismissal of an appeal as prescribed by Article 11(1) of the Decree shall be issued following the form in Annex No. 15. (4) The Minister of Justice shall, upon extending the review period of refugee status recognition pursuant to provisions in Article 21(7), send a Notice of Extension of Review Period of Appeal following the form in Annex No.16 to the person who filed the appeal pursuant to paragraph 8 of the aforementioned Article. Article 11 (Notice on Cancellation/Withdrawal of Refugee Status Recognition) The Notice on Cancellation/Withdrawal under Article 22(3) of the Act shall follow the form of Annex No. 17. Article 12 (Organization and Operation of the Refugee Committee, etc.) (1) The Chairperson of the Refugee Committee 60 (hereinafter referred to as the Chairperson) as provided by Article 25 of the Act (hereinafter referred to as the Committee) shall represent the committee and exercise overall control of its affairs. (2) If the Chairperson is unable to perform his/ her duties due to exceptional circumstances, a committee member designated by the Minister of Justice shall act on behalf of the Chairperson. (3) The Minister may dismiss or cancel the appointment of a member of the Committee from his/her position, if such person falls under any of the following subparagraphs: 1.When the person is deemed to be in an impossible situation or has serious difficulties performing his/her duties due to mental/ physical disability; 2.When the person is deemed ineligible to perform his/her duties due to reasons including, but not limited to, delinquency of duties, injury to dignity, etc.; 3.When the person violates the particulars of prohibitions as specified in Article 17 of the Act. (4) The term of office of a person who is newly appointed as a member of the Committee, due to the dismissal or cancellation of an appointment as described in Paragraph 3, shall be the remainder of his/her predecessors term of office. (5) In case a subcommittee is established pursuant to Article 25(3) of the Act, the chairperson of the subcommittee shall be appointed by the Minster of Justice and paragraph 1 of this Article shall apply mutatis mutandis as regard to such chairpersons duties. (6) In addition to the matters regulated by Paragraph 1 to 5, matters necessary to the operation of the Committee and the organization and operation of a subcommittee thereof shall be regulated by the Minster of Justice. Article 13 (Recommendation Procedure for Education Expenses) (1) A granted refugee or such persons child who wishes to receive a recommendation of support for educational expenses as provided in Article 13(2) shall submit an Application for Recommendation of Educational Expense Support following the form in Annex No. 18 to the respective Office Chief or Branch Chief, attaching the documents listed in the following subparagraphs: 1.A Copy of the Certificate of Admission / Registration; 2.A copy of documents which can prove family relationships (only when the applicant is a child of a granted refugee). (2) The Office Chief or Branch Chief shall, upon receiving the written application in accordance with paragraph 1, send such application together with his/her opinion on whether such support is necessary, to the Minister of Justice without delay. (3) The Minister of Justice shall, after receiving an Application for Recommendation of Educational Expense Support as provided in paragraph 2, if it deems necessary, issue a Recommendation Letter for Support of Educational Expenses following the form in Annex No.19 to the applicant, and notify the result to the Minister of Education. Article 14 (Recommendation Procedure for Vocational Training) (1) A granted refugee who wishes to receive a recommendation for vocational training as provided in Article 15 of the Decree shall submit an Application for Recommendation of Vocational Training following the form in Annex No.20 to the Office Chief or Branch Chief. (2) The Office Chief or Branch Chief shall, upon receiving the written application as provided in Paragraph 1, send such application, attaching his/her opinions on whether such support is necessary, to the Minister of Justice without delay. (3) The Minister of Justice shall, after receiving an Application of Recommendation for Vocational Training, if such applicant is deemed to be in need of vocational ability training under Article 12 of the Act on the Development of Workplace Skills of Workers, issue a Recommendation Letter for Vocational Training following the form in Annex No.21 to the applicant, and shall notify the result to the Minister of Employment and Labor. Article 15 (Procedure for Living Expenses Support, etc.) (1) A refugee applicant who wishes to receive support for living expenses, etc., as provided in Article 40(1) of the Act, shall submit an Application for Living Expenses and Other 61 Assistance following the form in Annex No. 22 to the respective Office Chief or Branch Chief. (2) The Office Chief or Branch Chief shall, upon receiving the written application as provided in paragraph 1, send the application, together with his/her opinions on whether the support is needed, to the Minister of Justice without delay. (3) The Minister of Justice shall, upon receiving the application for Living expenses, etc., as provided in Paragraph 2, examine whether to provide such support or not, and notify the result to the applicant. Article 16 (Procedure for Using Residential Facilities) (1) A person who wishes to use a residential facility in accordance with Article 19 of the Decree shall submit an Application for Living Facility following the form in Annex No. 23, together with documents proving the family relationship (this shall apply only when the spouse or underage child of the applicant included in the application), to the respective Office Chief, Branch Chief, or the head of the residential facility. However, if such person wishes to use the residential facility within a refugee support center, the procedure shall follow Article 17 of this Enforcement Rule. (2) The Office Chief, Branch Chief, or the head of a residential facility who receives such written application as prescribed by paragraph 1, shall send the documents, together with his/her opinion on whether such support is necessary, to the Minister of Justice. (3) The Minister of Justice shall, upon receiving the application for the use of a residential facility pursuant to paragraph 2, decide whether to permit such use or not, and if deciding to permit such use, shall designate the permitted period, and notify the result to the applicant. Article 17 (Procedure for Using Refugee Support Facilities) (1) A person who wishes to use a refugee support center as provided in Article 23 of the Decree shall submit an Application for Refugee Assistance Facility following the form in Annex No. 24, together with documents proving the family relationship (only when the spouse or underage child of the applicant included), to the respective Office Chief, Branch Chief, or to the head of the immigration support facility. (2) The Office Chief, Branch Chief, or the head of a refugee support center who receives such written application as prescribed by paragraph 1, shall send the documents, together with his/her opinion on whether such support is necessary, to the Minister of Justice. (3) The Minister of Justice shall, upon receiving the application for use of the refugee support center pursuant to paragraph 2, make a decision whether to permit such use or not, and, if deciding to permit such use, the Minister of Justice shall designate the permitted period, and notify the result to the applicant. Supplementary Provision Article 1 (Date of Entry into Force) This Enforcement Rule shall take enter into force July.1, 2013. Article 2 (Other Amendments) Provisions of the Immigration Control Act shall be amended as follows: The title of Chapter 6-2 Recognition of Refugee, etc. shall be amended to Issuance of Refugee Travel Certificate, etc.; Section 1 of Chapter 6-2 (From Article 67-2 through 67-6) shall be deleted; Section 2 Issuance of the Certificate of Refugee Status Recognition stated before Article 67-9 shall be deleted; Article 67-13 shall be deleted; Within Article 78(3), the previously stated, the authority under Article 30(1), Article 76-8(3) and Article 89 of the Act shall be amended to the authority under Article 30(1) and Article 89 of the Act; paragraph 4 of Article 78 shall be deleted; and within paragraph 5 of the aforementioned Article when intending to provide permission, etc., in accordance with Article 23 through 25, Article 30, Article 76- 2, Article 76-3 and paragraphs 2 and 3 of Article 76-8, notwithstanding as regulated in paragraph 1 through 4 shall be amended to when intending to provide permission in accordance with Article 23 through 25 and Article 30, notwithstanding as regulated in paragraphs 1 through 3. ← End |
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