(1) Reasons for Proposal
The current Refugee Act has no restriction for abusive re-application or application without clear reason, which leads to a delay in refugee status screening and trial procedures and subsequently interferes with the practical and quick screening for refugee applicants highly likely to face persecution.
In this regard, this Partial Amendment aims to address the problems which have been raised such as re-application without material change in reason or application without clear reason in an effort to improve efficiency in refugee status screening and ensure that refugee applicants likely to face persecution receive practical and quick screening.
Furthermore, this Partial Amendment aims to provide language interpretation in receiving an application for refugee status or an objection and sending notification of the decision of non-recognition of refugee status and a decision of dismissal of an objection to a decision of non-recognition of refugee status and prepare the basis to provide information, consultation, and employment support to help recognized refugees and humanitarian sojourners to adapt to society in an effort to prevent them from being exposed to crime due to social maladjustment or difficulties in making a living and allow them to adapt to society in a stable manner.
Moreover, to solve the problems of an increasing number of objections and delays in screening due to the growing number of applications for refugee status, this Partial Amendment aims to prepare measures to enhance fairness, professionalism, and efficiency by expanding the number of members in the Refugee Committee, improving the way sub-committees are operated, and ensuring procedural rights for objectors to strengthen the operational measures of the Refugee Committee.
(2) Major Provisions
A. Change places to receive applications for refugee status from foreigners in Korea from all immigration offices and foreigner-related offices to immigration offices and foreigner-related offices designated by the Minister of Justice to enhance professionalism and efficiency in refugee status recognition work (Article 5 paragraph 1).
B. Decide non-eligibility for screening, in principle, within 14 days for repeating an application for refugee status without material change in reason, and limit those who receive a non-eligibility decision from filing for an objection or administration litigation (Article 5-2, Article 21 paragraph 2, Article 21-2).
C. Specify things to be trained for refugee screening officers and public officials in charge of refugees such as expertise required for interview or fact-finding investigation (Article 8).
D. Prepare a basis for allowing access to and copy of recording files generated during the refugee interview and allow the refugee applicant to access recording files in a designated place if requested by the refugee applicant (Article 16 paragraph 2).
E. Make a decision of non-recognition of refugee status, in principle, for any application without a clear reason and require the applicant to state the reason, and confirm that a decision will be made within 2 months upon receiving an objection from the person who receives such a decision of non-recognition and limiting employment and others (Article 18-2, Article 21 paragraph 8, Article 44).
F. Consider an application for refugee status or an objection to have been withdrawn if any refugee applicant voluntarily departs the Republic of Korea without permission of reentry under Article 30 paragraph 1 of the Immigration Act after filing for an application for refugee status or an objection, does not re-enter within the permitted period after obtaining permission of reentry and then departing, or explicitly stating that he/she will depart and then departs the Republic of Korea (Article 19-2).
G. Expand the number of members in the Refugee Committee from “up to 15 including 1 Chairperson” to “up to 50 including 1 Chairperson” and improve the way sub-committees are operated (Articles 25 and 26).
H. Prepare provisions that strengthen procedural rights for objectors such as providing an opportunity to submit statements or supplementary written documents and impose obligations to cooperate with the procedure (Articles 27-2 and 27-3).
I. Prepare a provision that provides information, consultation, and employment support to help recognized refugees and humanitarian sojourners to adapt to society and allows refugee applicants to get a job if specially required even before 6 months (Article 34 paragraph 2, Article 34-2, Article 39 paragraph 2, Article 40 paragraph 2).
K. Shorten the period of filing for administration litigation about “a decision of non-recognition of refugee status due to an application without clear reason” from 90 days to 30 days and promote a quick proceeding of the trial for refugee applicants who seek to stay longer (Article 44-2).
L. Support interpretation and translation if the person filing for an application for refugee status or an objection cannot fully communicate in Korean during the application process, and provide interpretation during the process of notifying a decision of non-recognition of refugee status and a decision of dismissal of an objection to a decision of non-recognition of refugee status if the person cannot fully comprehend written Korean words to strengthen procedural rights for refugee applicants (Article 45-2).
M. Newly insert a provision that punishes a person who solicits or recommends anyone to file for refugee status in an illegal method such as submitting fabricated or falsified documentation (Article 47).
