Classification and Definition of Refugees

1. Refugee

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

A person who has been discriminated against and persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion and has fled to a foreign country to escape such discrimination and persecution

Requirements of the refugee

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A person who is outside the country of citizenship

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Unable to return to the country of citizenship because he/she fears that he/she will be harmed if he/she returns

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The harm would constitute persecution

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The persecution must be related to political, religious, or social reasons

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Have a well-founded fear of persecution

2. Recognised refugee

A “recognised refugee” refers to an alien who is recognised as a refugee in accordance with this Act.

Treatment of Recognized Refugees

A recognized refugee who stays in the Republic of Korea shall be treated in accordance with the Refugee Convention. (Notwithstanding other laws and regulations.)

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Social Security : Same level of social security as Korean nationals

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Basic Livelihood Security : Protection is possible upon personal application

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Education : If the children are minors, they can receive elementary and middle school education equivalent to that of Korean nationals. 
Educational support considering age, academic abilities, and educational conditions is available.

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Social Adaptation Education : Support for social adaptation education, including Korean language education, and assistance for vocational training

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Academic Recognition : Recognition of academic qualifications equivalent to the level of education completed in foreign countries

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Qualification Recognition : Recognition of qualifications obtained abroad, either in full or in part, corresponding to the acquired qualifications

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Entry Permit for Spouse and Others : Entry permit is granted if not subject to Article 11 of the Immigration Control Act (related to laws prohibiting entry).

3. Humanitarian status holder

A “humanitarian status holder” refers to an alien who is not recognized as a refugee but for whom there are reasonable grounds to believe his/her life or personal freedom may be egregiously violated by torture or other inhumane treatment or punishment or other circumstances, and who is given permission to stay by the Minister of Justice in accordance with the Presidential Decree(Permission to extend stay is required every year).

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G-1-6 Visa Issuance

Article 39 (Treatment of Humanitarian Sojourners) The Minister of Justice may permit recruiting of humanitarian sojourners.

4. Refugee status applicant

A “refugee status applicant” refers to an alien who has filed a refugee status application.

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The person’s refugee status application is being examined under the refugee status determination procedure.

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The person’s refugee status application was rejected or the person’s appeal against the denial of refugee status was dismissed, and the filing period for an appeal, administrative appeal or administrative litigation concerning the decision has not expired.

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The person’s administrative appeal or administrative litigation concerning the denial of refugee status is ongoing.

Treatment of Refugee Status Applicants

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Support for living expenses, etc: Support for living expenses, etc/ Permission for Employment is available six months have passed since the person applied for refugee status application.

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Provision of Residential Facilities: Residential facilities are available to establish and operate.

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Medical Services Support: Provide medical services to applicants for refugee status

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Guarantee of Education: A refugee status applicant and such person’s family members who are minor aliens may receive primary and secondary education at the same level as that of Korean nationals

**Guidelines for Living Expenses Support: Submit the following documents at the Immigration Office or Immigration Branch office in Korea

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Application for Living Expenses and Other Assistance form

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Passport or Alien Registration Card (if NOT, Receipt of Refugee Status Application)

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A copy of the bank account book under the applicant’s name issued in Korea

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Documents to prove that an applicant has any dependent or disease (options, if any)

**Six months have passed since the person applied for refugee status application, can work with a “Permit to engage in activities not covered by the status of sojourn” (work in areas for unskilled workers where employment activity is not prohibited)

Relevant legal information - Refugee Act.

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Article 30 (Treatment of Recognized Refugees) 
① Notwithstanding other Acts, a recognized refugee residing in the Republic of Korea shall be treated in accordance with the Refugee Convention
② The State and local governments shall formulae and implement policies, adjust relevant statutes, support relevant ministries and offices, and take necessary measures for the treatment of refugees.

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Article 31 (Social Security) 
Notwithstanding Article 8 of the 「Framework Act on Social Security」, etc., a foreigner staying in Korea after becoming a recognized refugee shall be covered by social security at the same level as that of the citizens of the Republic of Korea.

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Article 32 (Basic Living Security) 
Notwithstanding Article 5-2 of the 「National Basic Living Security Act」, a foreigner staying in Korea after becoming a recognized refugee shall receive the protection prescribed in Articles 7 through 15 of the same Act upon the request of the relevant person.

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Article 33 (Assurance of Education) 
① Where a recognized refugee or his/her child is a minor under the 「Civil Act」, he/she shall receive the same elementary education and secondary education as the Korean people. 
② The Minister of Justice may support recognized refugees to receive necessary education in consideration of their age, learning ability, educational conditions, etc. as prescribed by Presidential Decree.

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Article 34 (Social Adaptation Education, etc.) 
① The Minister of Justice may implement social adaptation education, such as teaching the Korean language, for recognized refugees as prescribed by Presidential Decree.
② The Minister of Justice may, if desired by recognized refugees, support the recognized refugees to receive vocational training as prescribed by Presidential Decree.

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Article 35 (Recognition of School Career)
A recognized refugee may obtain the recognition of a school career equivalent to the degree of school education he/she has completed in foreign nations as prescribed by Presidential Decree.

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Article 36 (Recognition of Qualifications)  
A recognized refugee may obtain recognition of a qualification equivalent to or part of the qualification he/she acquired in a foreign nation as prescribed by the relevant statutes.

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Article 37 (Permission for Entry of Spouses, etc.)  
① Where a spouse or a minor child of a recognized refugee applies for entry, the Minister of Justice shall permit such entry unless it falls under Article 11 of the 「Immigration Act」.
② The scope of spouses and minors prescribed in paragraph ① shall be governed by the 「Civil Act」.

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Article 38 (Exclusion from Application of Reciprocity for Recognized Refugees) 
Notwithstanding other Acts, reciprocity shall not apply to recognized refugees.

Relevant legal information - Enforcement Decree Of The Immigration Act.

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Article 88-6 (Issuance of Refugee Travel Documents)
① An alien who intends to apply for a refugee travel document pursuant to Article 76-5 (1) of the Act shall file an application for a refugee travel document with the Minister of Justice, along with a certificate of refugee status recognition, an alien registration certificate (only applicable where he or she has filed for alien registration), and a copy of his or her photograph.  <Amended on Sep. 29, 2016; Dec. 24, 2019; Dec. 12, 2023>
② When the Minister of Justice issues a refugee travel document in response to an application under paragraph (1), he or she shall record such fact in the register of issuance of refugee travel documents and deliver the refugee travel document to the relevant applicant.  <Amended on Sep. 29, 2016>

5. Refugee seeking resettlement

A “refugee seeking resettlement” refers to an alien who is a refugee outside the territory of the Republic of Korea and who wishes to resettle in the Republic of Korea

6. Alien

An “alien” refers to a person who is not a national of the Republic of Korea.

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