REFUGEE ACT

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to prescribe matters concerning the status, treatment, etc. of refugees in accordance with the 1951 Convention Relating to the Status of Refugees (hereinafter referred to as the "Refugee Convention") and the 1967 Protocol Relating to the Status of Refugees (hereinafter referred to as the "Refugee Protocol").

Article 2(Definitions) #

The terms used in this Act shall be defined as follows:

1. The term "refugee" means a foreigner who is unable or does not desire to receive protection from the nation of his/her nationality in well-grounded fear that he/she is likely to be persecuted based on race, religion, nationality, the status of a member of a specific social group, or political opinion, or a stateless foreigner who is unable or does not desire to return to the nation in which he/she resided before entering the Republic of Korea (hereinafter referred to as "nation of settlement") in such fear;

2. The term "person recognized as a refugee" (hereinafter referred to as "recognized refugee") means a foreigner recognized as a refugee under this Act;

3. The term "person granted a humanitarian stay permit (hereinafter referred to as "humanitarian sojourner") means a foreigner granted a stay permit from the Minister of Justice as prescribed by Presidential Decree as a person who has rational grounds for recognizing that his/her life, personal liberty, etc. is very likely to be infringed by torture, other inhumane treatment or punishment or other events even though he/she does not fall under subparagraph 1;

4. The term "person who has applied for refugee status" (hereinafter referred to as "refugee applicant") means a person who falls under any of the following as a foreigner who has applied for refugee status to the Republic of Korea:

(a) A person whose application for refugee status is being screened;

(b) A person for whom the period for raising an objection or the period for filing an administrative appeal or administrative litigation has not yet expired after being subject to a decision of non-recognition of refugee status or a decision of dismissal of an objection to a decision of non-recognition of refugee status;

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Prohibition of Compulsory Repatriation) #

Article 4(Application of Other Acts) #

Article 5(Application for Refugee Status) #

Article 6(Application Filed at Ports of Entry and Departure) #

Article 7(Posting of Matters Necessary for Application for Refugee Status) #

Article 8(Refugee Status Screening) #

Article 9(Collection of Materials Favorable to Refugee Applicants) #

Article 10(Fact-Finding Investigation) #

Article 11(Cooperation of Relevant Administrative Agencies, etc.) #

Article 12(Right to Receive Assistance from Attorneys-at-Law) #

Article 13(Accompanied by Trusted Persons) #

Article 14(Interpretation) #

Article 15(Confirmation of Refugee Interview Protocols) #

Article 16(Reading and Reproduction of Materials, etc.) #

Article 17(Prohibition of Disclosure of Personal Information, etc.) #

Article 18(Recognition, etc. of Refugee Status) #

Article 19(Restriction on Recognition of Refugee Status) #

Article 20(Detention for Identification) #

Article 21(Objections) #

Article 22(Cancellation, etc. of Decision to Recognize Refugee Status) #

Article 23(Non-Disclosure of Deliberation) #

Article 24(Accommodation of Refugees Desiring Resettlement) #

Article 25(Establishment and Organization of Refugee Committee) #

Article 26(Appointment of Members) #

Article 27(Refugee Investigators) #

Article 28(Operation of Refugee Committee) #

Article 29(Exchanges and Cooperation with UN Refugee Agency) #

Article 30(Treatment of Recognized Refugees) #

Article 31(Social Security) #

Article 32(Basic Living Security) #

Article 33(Assurance of Education) #

Article 34(Social Adaptation Education, etc.) #

Article 35(Recognition of School Career) #

Article 36(Recognition of Qualifications) #

Article 37(Permission for Entry of Spouses, etc.) #

Article 38(Exclusion from Application of Reciprocity for Recognized Refugees) #

Article 39(Treatment of Humanitarian Sojourners) #

Article 40(Subsidization of Living Costs, etc.) #

Article 41(Provision of Residential Facilities) #

Article 42(Provision of Medical Services) #

Article 43(Assurance of Education) #

Article 44(Restriction on Treatment of Specific Refugee Applicants) #

Article 45(Operation, etc. of Refugee Support Facilities) #

Article 46(Delegation of Authority) #

Article 46-2(Legal Fiction in Application of Penalty Provisions to Public Officials) #

Article 47(Penalty Provisions) #