1. Pillkyu Hwang Gonggam Human Rights Law Foundation National Asylum System in South Korea Wednesday, 12 June 2013 UNHCR Annual NGO Consultations National asylum system: building and maintaining protection systems for refugees

3. 1994 – Ratification the Refugee Convention 1995 – Revision of the Immigration Control Act 1996 – First refugee claim received 2000 – First Convention refugee recognized Procedure for refugee recognition: 1 st Decision: Minister of Justice ( Appeal : Minister of Justice (Review Committee) Administrative Court High Court Supreme Court) Refugee Statistics (Ministry of Justice) as of 31 May 2013 ApplicantsRecognizedHumanitarianRejectedWithdrawnPending 4,5162941592,1047161,243

4. 1994-20032004-2013 6 Articles in the Immigration Control Act Comprehensive Refugee Act About 10 refugees recognized About 300 refugees & 150 humanitarian status holders 2 officialsDivisions in Ministry of Justice & Seoul Immigration Office No designated courtDesignated courts 2 lawyersBars associations, 3 lawyers’ groups & about 100 lawyers 1 NGONGO network 1 case-lawMore than 1,000 case-laws & 3 case-law compilations Almost no material3 books & articles UNHCR – Japan liaison office UNHCR – Korea office

5. 1994-20032004-2013 RSD in general RSD at the port of entry Legal aid in RSD Interpretation & translation in RSD Complementary protection Detention Right to work Social support & social integration Psychological support Public awareness

6. Refugee NGO Network UNHCR National Human Rights Commission National Assembly Human Rights Forum Korean Bar, Seoul Bar & individual lawyers Seoul National Univ. & academics Asia Pacific Refugee Rights Network & regional/international networks Refugees Ministry of Justice Seoul Administrative Court & individual judges

7. Preparation of a draft bill by Refugee NGO Network for more than 1 year in cooperation with the UNHCR & the NHRI International & comparative legal research by the Network Field research on human rights situation of refugees conducted by the Network & the UNHCR supported by the NHRI Official comments on draft bills by the UNHCR 4 public hearings organized by the National Assembly Human Rights Forum A public hearing and a set of recommendations on refugee law and policy by the NHRI Formal legislation petition of the draft bill by Seoul Bar Association A number of expert/ NGO consultations by the Ministry of Justice Introduction of the draft bill to the General Assembly by 24 Member of the National Assembly Co-lobbying of the National Assembly by the NGO Network and the UNHCR

8. Substantive Rights of Refugee Claimants : Explicit provision of residence status of refugee claimants; Possible living allowances and work permits Procedural Rights of Refugee Claimants : Access to information; Refugee claim procedures at ports; Limited review period; Right to counsel; Right to interpretation; Restricted detention; Competent appeal review body, etc. Rights of Recognized Refugees : Protection of refugee rights stipulated in the Refugee Convention; Family reunification; possible resettlement

9. Substantive Rights of Refugee Claimants : Living allowances and work permits are at the discretion of the authorities. Procedural Rights of Refugee Claimants : Limited access to RSD at the port of entry; No right to legal aid; No mandatory interview at the appeal procedure; Lack of independence or decision-making authority of the appeal review body, etc. Rights of Recognized Refugees : Lack of special program or support for social integration Humanitarian Status: Reviewing and granting of humanitarian status is at the discretion of the authorities

10. Networking & networking networks (trust & understanding building) Holistic approach to advocacy (law reform & litigation, UN advocacy, comprehensive field & comparative legal research, various public awareness campaigns)

11. Strong partnership among NGOs, UNHCR & NHRI Continuously working with the legislature, the executive and the judiciary

12. Reforming network & partnership: Need for a more systematic approach while identifying & evaluating the causes of problems Addressing the issues re the authorities: prevailing discretion of the authorities; frequent change of officials & judges; serious lack of budget & personnel Fighting against ever increasing xenophobia and racism