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

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

Overview on Korea’s Refugee Policy Dec. 3rd 1992 Joined the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees Dec 1993 Enacted provisions on refugees into the Korean Immigration Act Jan 2001 First refugee recognized July 2006 Refugee Unit of Seoul Immigration Office established May 2009 Nationality and Refugee Division established at Seoul Immigration Office Dec 2008 Revised Korean Immigration Act enacted

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

Who is a refugee? “The term refugee means a person who falls under the definition of Article 1 of the 1951 Refugee Convention.” - Article 2. 2-2, 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

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

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

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

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)

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

Refugee and Humanitarian Status Holders

Annual Asylum Applications

Countries of Origin of Asylum Seekers

Countries of Origin of Refugees