Brief Explanation on Law and Practice of Refugee Protection in Korea Brief Explanation on Law and Practice of Refugee Protection in Korea Jong-Chul Kim.

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Presentation transcript:

Brief Explanation on Law and Practice of Refugee Protection in Korea Brief Explanation on Law and Practice of Refugee Protection in Korea Jong-Chul Kim

1. Introduction

Japan : our model but…

難民 unsatisfactory translation

the present refugee system and some signs of changes

2. The Law & Practice of Refugee Protection in Korea up to now

2. The Law & Practice of Refugee Protection in Korea up to now (1) 2. The Law & Practice of Refugee Protection in Korea up to now (1) refugee recognition procedure

ratification of the refugee convention in 1992

application-objection- litigation

problems with administrative procedure -application at airport -information access -interview -translation -delayed process -no oral hearing

problems with litigation -lack of expertise -high standard of proof -ruling based on non essential factors

statistics on refugees

Total Refugee applicants 2, Recognized refugees numbers of refugee applicants and recognized refugees by years

TotalNepalChin a MyanmarSri Lanka NigeriaUgandaBangladeshThe Others * Countries of origin of refugee applicants

Tot al Myan mar Bangla desh Con go Ethio pia IranChinaUgand a Ivory Coas t The others Countries of Origin of recognized refugees

2. The Law & Practice of Refugee Protection in Korea up to now (2) Social Treatment for Refugees

insufficient protection for recognized refugees

de facto refoulement for refugee applicants and humanitarian status holders

-no housing -no subsidies -prolonged process -penalty for overstay

600 foreigners and 10 asylum seekers are being detained

arbitrary detention for refugees

-administrative detention -no periodic judicial -indefinite detention

3. Revised Immigration Control Act (enforced June, 2009)

work permit for refugee applicants and humanitarian status holders

reception center for refugee applicants

4. Some changes of refugee protection practice by Ministry of Justice

acceleration of refugee procedures -increasing the staff -1,000 decisions in cases within 2 hours

detaining working refugee applicants

the first naturalization of a recognized refugee

medical coverage for refugee applicants

some changes of procedure -legal representation -increasing translation budget -empowering interviewers to make decision on applications

5. Legislation of Refugee Act

introduction -definition of refugee -unexceptional non-refoulement

procedure -application at the airport -legal assistance -review after interview -oral hearing -limitation of detention period -resettlement process

refugee committee

social treatment -family unity -treatment for humanitarian status holder -subsidies and work permit

6. Activities of NGO workers

NGOs Network for Refugees -Refuge Pnan -Human Rights Center for Refugees -Gong-Gam -Christian Lawyer’s Fellowship -Dongchun

Lawyers Network for Refugees under Seoul Bar Association

6. Conclusion