The Procedure for Refugee Status Determination - Refugee Status Application
The refugee recognition process can be broadly divided into stages such as refugee status application, assessment, determination, and the appeals process, including objection procedures. 
The refugee application process is broadly divided into two procedures: 'Refugee Application at Ports of Entry' and ‘Refugee application during stay.’ Until a final decision on refugee status is determined (or until the administrative appeal or administrative lawsuit against the denial decision is concluded, if such procedures are underway), the refugee applicant can stay in South Korea.
(1) Application for refugee at the port Ports of Entry and Departure
1.
Application place
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Local immigration and foreign government offices having jurisdiction over the port of entry prescribed in Article 98 of the Enforcement Decree of the Immigration Act
2.
Application Time
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The time when a foreigner undergoes immigration (Article 6, Paragraph 1 of the Act)
3.
Application Method
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We submit an application for refugee recognition on paper to the head of the local immigration and foreign office in charge of the Ports of Entry and Departure
4.
Documents Required for Refugee Recognition Application
5.
Decision to refer/not refer
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The Minister of Justice will make a decision within seven days from the date the application for refugee status is submitted.
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If the decision is not made within 7 days, the applicant will be allowed to enter the country.
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In the event of ‘not refer’ decision, a lawsuit may be filed for revocation of the rejection decision (administrative lawsuit)
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The application for the refugee status is considered to have been made on the date of the decision to refer to the refugee status review.
6.
Criteria for judging referr/not refer
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Where there is considerable reason to admit that there is a risk of harming the safety or social order of the Republic of Korea
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Where it is impossible to verify the identity due to failure to respond to questions, etc. related to personal information
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Cases where refugee status is sought by concealing facts, such as submitting false documents. Provided, That this shall not apply to cases where the fact is voluntarily disclosed without delay during the immigration process
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From a safe country or from a safe country where there is no possibility of persecution
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In the case where a person who has not been recognized as a refugee in Korea in the past or a person whose refugee status has been revoked applies for refugee status again without any significant change in circumstances
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Other cases where there is no clear reason for the application for refugee recognition, such as seeking refugee recognition solely for economic reasons
7.
Additional Information
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Individuals applying for refugee status at the port of entry can stay in a designated location within the port of entry for the 7 days after submitting the refugee recognition application.
(2) Refugee application during stay
1.
Qualification to apply
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Foreigners staying in Korea
2.
When to apply
•
It is possible to apply for recognition of refugee status at any time while staying in Korea.
3.
Where to apply
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Local immigration offices (Immigration offices, Immigration branch offices, foreigner detention centers etc.)
*Jurisdictional immigration offices can be viewed by clicking on the hyperlink, Local immigration offices.
4.
Application method
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An application for refugee status shall be filed in writing
: The application for refugee status must be made by the person himself/herself, and in principle, the representation of the application for refugee status is not allowed.
: Under the Civil Act, minors (under 19 years of age) may apply on their own or their legal representatives may represent the application, and in the absence of a legal representative, a specific guardian may represent the application pursuant to Article 14-2 of the Civil Act
•
The assistance of lawyers and interpreters is possible.
: Lawyers and interpreters can be accompanied to assist in filling out the application
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That where the applicant does not know how to write or is unable to complete an application form on the grounds of disabilities, etc., the public official who receives the application can complete the application form
5.
Necessary documents for application for recognition of refugee status
6.
Confirmation of application
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After submitting the refugee application form, the applicant will receive “Receipt of Refugee Status Application” at the immigration office.
Source and Form Download Link
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For more details, refer to Hi Korea > Immigration/Stay Guide > Refugee Recognition > Refugee Application and Review Procedures.
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CEO
Number
Address
Inquiry/Error Correction
Jiwon Choi
878-82-00340
120-833 Myeongmul-gil 76-5, Seodaemun-gu, Seoul, Room 103
refugee_health@freemed.or.kr
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2024 FREEMED All Rights Reserved