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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 on theme: "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."— Presentation transcript:

1 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

2 1. Introduction

3 Japan : our model but…

4 難民 unsatisfactory translation

5 the present refugee system and some signs of changes

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

7 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

8 ratification of the refugee convention in 1992

9 application-objection- litigation

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

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

12 statistics on refugees

13 Total94-010203040506070809 Refugee applicants 2,4921333484148410278717364324 Recognized refugees 175111218911133674 numbers of refugee applicants and recognized refugees by years

14 TotalNepalChin a MyanmarSri Lanka NigeriaUgandaBangladeshThe Others 2574381343248200198164140714 * Countries of origin of refugee applicants

15 Tot al Myan mar Bangla desh Con go Ethio pia IranChinaUgand a Ivory Coas t The others 18283401513554314 Countries of Origin of recognized refugees

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

17 insufficient protection for recognized refugees

18 de facto refoulement for refugee applicants and humanitarian status holders

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

20 600 foreigners and 10 asylum seekers are being detained

21 arbitrary detention for refugees

22 -administrative detention -no periodic judicial -indefinite detention

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

24 work permit for refugee applicants and humanitarian status holders

25 reception center for refugee applicants

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

27 acceleration of refugee procedures -increasing the staff -1,000 decisions in 2009 -100 cases within 2 hours

28 detaining working refugee applicants

29 the first naturalization of a recognized refugee

30 medical coverage for refugee applicants

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

32 5. Legislation of Refugee Act

33 introduction -definition of refugee -unexceptional non-refoulement

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

35 refugee committee

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

37 6. Activities of NGO workers

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

39 Lawyers Network for Refugees under Seoul Bar Association

40 6. Conclusion


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