Asylum and refugee status in South Korea

Under Article 2 of the Refugee Act, a refugee is a foreigner who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, cannot or will not accept the protection of the country of nationality, or a stateless person who cannot return to the country of former residence. Persons who do not qualify but face torture or other inhumane treatment may receive humanitarian stay permission. Under Article 3, applicants and protected persons may not be returned against their will to a country where they face such threats.

At the port of entry, you submit the application when undergoing immigration inspection; the immigration office decides within seven days whether to refer the claim to the full procedure, and if it cannot decide in time it must admit you. While in Korea, you submit a written application at any regional immigration office, branch or detention centre; claims are then examined by hub offices in Seoul, Incheon, Suwon, Busan, Daegu, Gwangju and Jeju. Applications must be made in person; minors may be represented by a legal guardian. Korean embassies abroad do not accept refugee claims.

The immigration office interviews the applicant without delay and investigates the facts; an interviewer of the same sex is assigned on request, and recordings cannot be refused if the applicant asks for them. The decision must be made within six months of the application, extendable by up to six months with notice. Applicants may stay in Korea until the decision is final, including during court proceedings.

The Minister of Justice may provide living expenses and may operate accommodation for applicants. Once six months have passed since the application, employment may be permitted. Minor applicants and minor family members have access to primary and secondary education on the same level as Korean nationals. Immigration support centres provide accommodation, meals, medical support and Korean courses.

A rejection notice states the reasons and the right to object. You can file an objection with the Minister of Justice within 30 days of notification, through the regional immigration office; the Refugee Committee reviews it and a decision is due within six months, extendable by six months. Filing an objection excludes an administrative appeal, but administrative litigation before the courts remains possible.

Information is available from the Immigration Contact Center on 1345 (from abroad +82-2-1345) and on HiKorea's refugee pages. Recognised refugees receive a refugee travel document valid for three years (fee KRW 10,000) and must report a change of address within 15 days.