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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →51 Article 5 (Referral of Refugee Status Recognition Review for Refugee Status Applicants at Ports of Entry) (1) The Minister may not refer a refugee status applicant to refugee recognition review procedures, if a person falls under any of the following subparagraphs: 1. When there are substantial grounds to regard the person as a danger to the safety and public order of the Republic of Korea; 2. When the persons identity cannot be verified due to such persons refusal to comply with inquiries concerning personal profiles, etc.; 3. When the person attempts to obtain refugee status by knowingly concealing facts including, but not limited to, by submitting a false document. However, this shall not apply if the person voluntarily reports such facts without delay; 4. When the person came from a safe country of origin or a safe third country, in which little possibility of persecution exists; 5. When the person, whose refugee application has been denied or whose refugee status has been terminated, reapplies for such status without a material change of the circumstances; 6. When there are substantial grounds to regard any of the subparagraphs of Article 19 of the Act as applying to the applicant; or 7. When the persons basis for applying for refugee status is found to be clearly groundless, including, but not limited to, when the application was made solely for economic reasons. (2) The Minister of Justice shall, upon deciding whether to refer an application or not, notify the decision to the refugee status applicant at the port of entry without delay as provided in Article 6(3) of the Act. (3) The Office Chief or Branch Chief shall allow a person, who receives the result of an application referral in accordance with paragraph 2, to undergo entry inspection as described in the Immigration Control Act without delay. (4) A person whose refugee application is accepted for referral shall receive entry permission under Article 12 of the Immigration Control Act or conditional entry permission under Article 13 thereunder. In case of conditional permission, notwithstanding paragraph 1 of Article 16 of the Enforcement Decree of the Immigration Control Act, the Office Chief or Branch Chief may designate the permitted period of a conditional entry for a period not exceeding 90 days. (5) The Office Chief or Branch Chief may extend the permitted period of conditional entry, if a person who is recognized such permission in accordance with paragraph 4, fails, or is expected to fail, to meet required conditions within the permitted period due to compelling reasons. (6) The Minister of Justice shall assume that the date of the referral determination of a refugee application is the filing date, and issue a receipt of Refugee Status Recognition Application and commence the refugee recognition review procedures thereafter. Article 6 (Qualifications of RSD Officers) A Refugee Status Determination Officer (hereinafter referred to as an RSD Officer) as prescribed by Article 8(4) of the Act, shall be a person who works for the Immigration Service and holds a government officer position of Grade 5 or above, falling under one of the following subparagraphs: 1. The person shall have at least two years of experience related to refugee work; or 2. The person shall have completed the RSD officer training course as regulated by the Minister of Justice. Article 7 (Work of RSD Officer, etc.) (1) When an RSD Officer and a public official in charge of refugee cases under the Ministry of Justice (hereinafter referred to as the RSD Officer, etc.), requests the appearance of a refugee status applicant or other relevant person(s) under Article 10(2), the officer shall issue a summons stating the purpose, date, and location, etc., and keep a record thereof in a summons register as prescribed by the Ordinance of the Minister of Justice. However, in an urgent case, such summons may be issued via an oral request. 52 (2) An RSD Officer shall, upon conducting an interview with a refugee status applicant, record the details thereof in a refugee interview report regulated by the Ordinance of the Minister of Justice. (3) An RSD Officer shall read out or disclose the contents of the refugee interview report recorded in accordance with paragraph 2 to the applicant prior to inquiring whether any error exists therein. In this case, the applicants request for any addition, deletion or change of the contents shall be noted in the report in addition to the original record. (4) An RSD Officer shall require a person falling under the following subparagraphs to sign, or to put his/her name and seal in the refugee interview report recorded as described in Paragraph 2. However, if such person is incapable of, or refuses to comply therewith, the fact shall be recorded therein: 1. Refugee status applicant; 2. A person who interprets or translates during or after a refugee interview, if such person provides such service pursuant to Articles 14 and 15 of the Act. Article 8 (Interpretation) (1) In accordance with Article 14 of the Act, the Minister of Justice shall provide a person as an interpreter who, having a high level of proficiency in a foreign language, is deemed eligible for refugee interview interpretation service, and has completed the training course regulated by the Minister of Justice (hereinafter referred to as a professional refugee interpreter). (2) The Minister of Justice shall provide a refugee status applicant, upon request, a professional refugee interpreter who is of the same gender as the applicant. (3) Notwithstanding paragraphs 1 and 2, if an interpreter with a high level of proficiency in a certain language is not available or the situation is urgent, the processes in the following subparagraphs may be employed to provide the service: 1. Initially interpret the language a refugee status applicant uses into another foreign language and then have a professional refugee interpreter interpret the latter to Korean; 2. Provide interpretation training to a person who has a high level of proficiency in a language the refugee status applicant uses prior to conducting such service. (4) The Minister of Justice may pay allowances to a person who conducts interpretation services for a refugee status applicant as regulated by the Minister of Justice. Article 9 (Application and Procedure for Disclosing and Copying Documents) (1) If a refugee status applicant wishes to request access to, or a copy of, his/her refugee interview report (hereinafter referred to as the interview report, etc.), or materials submitted by the applicant as prescribed by Article 16(1), such person shall designate the parts of the material needed to be disclosed or copied and submit an Application for Perusal and/or Copying or an Application for Copy Issuance to an immigration officer. (2) An immigration officer who receives an Application for Perusal and/or Copying in accordance with Paragraph 1 shall determine the date of availability and location of the materials and inform such facts to the refugee status applicant who filed such request. (3) An immigration officer who receives an Application for Copy Issuance in accordance with Paragraph 1 shall copy a designated interview report, etc., and shall provide the copy to the applicant who filed such request. (4) An immigration officer shall take necessary measures such as attending the access procedures, etc., to prevent the material from suffering any damages, etc., during the process. (5) A refugee status applicant who wishes to request access to, or a copy of, such applicants interview report, etc., shall pay fees as prescribed by Ordinance of the Ministry of Justice. Article 10 (Review of Appeals by the Refugee Committee) (1)The decisions on appeals of a meeting of the Refugee Committee as prescribed by Article 25 of the Act (hereinafter referred to as the Committee) shall require the attendance 53 of a majority of all the incumbent members and the consent of a majority of those present. (2) The Committee may, if deemed necessary, require the presentation of a refugee status applicant or other relevant individuals in a meeting for statements, or may seek opinions from a person with sufficient experiences and knowledge in matters concerning the case presented. Article 11 (Determination of Appeals, etc.) (1) When the Minister of Justice finds that an appeal of a refugee status applicant has a legitimate ground for recognition, the applicant shall be recognized refugee status and be issued with a Certificate of Refugee Status Recognition; if the Minister finds that a case is groundless, the appeal shall be dismissed and a Notice on Non-Recognition of Refugee Status shall be issued to the applicant. (2) Upon delivering a decision on an appeal pursuant to Paragraph 1, the Minister of Justice shall respect the result of the review by the Committee of the case to the extent that such result is not deemed threatening to national security, maintenance of order, of public welfare. (3) A Certificate of Refugee Status Recognition or a Notice on Non-Recognition of Refugee Status under Paragraph 1 shall be issued to the applicant who filed the appeal or to the applicants substitute via the Office Chief, etc., or shall be delivered to such persons pursuant to Article 14 of the Administrative Procedures Act. A r t i c le 1 2 ( P e r m i s s i o n f o r R e f u g e e Resettlement) (1) The conditions to grant resettlement for a refugee who wishes to resettle in the Republic of Korea under Article 24(2) of the Act are as follows: 1. The person shall not fall under the grounds for non-granting of refugee recognition described in Article 19 of the Act; 2. The person shall not be deemed threatening to the safety, social order or public health of the Republic of Korea. (2) The Minister of Justice may, if deemed necessary, receive a recommendation from the United Nations High Commissioner of Refugees to permit resettlement for a refugee who wishes to resettle in the Republic of Korea. (3) The Minister of Justice may dispatch RSD officers, etc., to a designated location in order to conduct research concerning whether a resettlement refugee meets the conditions required for resettlement in Korea under Paragraph 1. (4) If the Minister of Justice intends to permit resettlement for a refugee wishing to do so, the Minister may arrange health examinations and basic adaptation training for such person prior to granting resettlement permission. (5) The Minister of Justice shall permit the settlement of resettlement seeking refugees in Korea via procedures for entry permission under the Immigration Control Act. (6) In addition to the matters described in Paragraph 1 through Paragraph 5, other necessary matters concerning settlement permission for resettlement seeking refugees shall be regulated by the Minister of Justice. Article 13 (Support for Education) (1) A recognized refugee and/or such persons child may enter or transfer to a school under Article 2 of the Elementary and Secondary Education Act in accordance with criteria and procedures regulated by laws and regulations concerning education. (2) The Minister of Justice may recommend a recognized refugee and/or such persons child to the Minister of Education in accordance with the Ordinance of the Minister of Justice, if such person, whose need for educational expenses support is recognized under Article 33(2) of the Refugee Act, meets the criteria described in Article 60-4 of the Elementary and Secondary Education Act. Article 14 (Social Integration Education) In accordance with Article 34(1) of the Act, the Minister of Justice may implement a Social Integration Program as prescribed by Article 39 of the Immigration Control Act to provide social adaption training for recognized refugees. 54 Article 15 (Vocation Training) The Minister of Justice may recommend a recognized refugee to the Minister of Employment and Labor in accordance with the Ordinance of the Minister of Justice, if the person, whose need for vocational skill training is recognized as prescribed by Article 12 of the Act on the Development of Workplace and Skills, wishes to undergo vocational training. Article 16 (Criteria for Recognizing Academic Credentials, etc.) The academic credentials of a recognized refugee shall be recognized in accordance with the criteria regulated by laws and regulations regarding education. Article 17 (Support for Living Expenses, etc.) (1) In accordance with Article 40(1) of the Act, the Minister of Justice may provide living expenses etc., to a refugee status applicant for a period not exceeding 6 months from the submission date of such persons Application for Refugee Status Recognition. However, if an applicants situation requires support for a further period of time due to exceptional circumstances, including, but not limited to, a serious illness or a physical disability, such support may be extended for a period not exceeding 6 months. (2) The permit to provide living expenses, or the amount of financial support, etc., thereof, under Paragraph 1 shall be regulated by the Ministry of Justice, taking account of factors including, but not limited to, the applicants period of stay in Korea, employment activity, use of a refugee support center, dependent family, and living conditions, etc. (3) Necessary matters regarding the application of support for living expenses, etc., as prescribed by Paragraph 1 shall be regulated by the Ordinance of the Minister of Justice. Article 18 (Employment Permission) Article 20 of the Immigration Control Act regarding a permit for activities beyond the given status of stay shall apply to the provision of permission for employment under Article 40(2) of the Act. Article 19 (Establishment and Operation of Residential facilities) (1) In accordance with Article 41(1) of the Act, the Minister of Justice may establish and operate residential facilities to provide refugee status applicants a residence inside a refugee support center, etc., under Article 45(1) of the Act (hereinafter referred to as a refugee support center). (2) The Minister of Justice may provide refugee status applicants at a port of entry and resettlement seeking refugees with priority use of accommodation, as described in Article 41(2) of the Act. (3) The Minister of Justice may designate the allowed duration for a user to reside in such accommodation as a period not exceeding 6 months. The period may be extended, provided that it is deemed necessary for such person to stay in the facility for a further period of time, due to compelling reasons including, but not limited to, the health condition of the person or dependent family, etc. (4) The Minister of Justice may restrict a person who is, or who is deemed to be, harmful to the safety and order of residential facilities from using such facility. Article 20 (Medical Service Support) (1) The Minister of Justice may, if deemed necessary to protect the health of a refugee status applicant, require such person to receive medical examinations as prescribed in Article 42 of the Act, or provide support for medical examination expenses the applicant received within the budget allotted. (2) The Minister of Justice shall endeavor to provide refugee status applicants with information on emergency medical services as prescribed by the Emergency Medical Services Act, and on other medical services which can be utilized by such applicants. (3) The head of relevant governmental ministries or other organizations, who intends to provide medical services for a refugee status applicant, may request a confirmation regarding such person from an Office Chief or Branch Chief. In this case, the Office Chief or Branch Chief shall identify whether the person falls under the category of refugee 55 status applicants, and inform the fact to such ministries or organizations without delay. Article 21 (Limitation on Treatment of Certain Refugee Status Applicants) In accordance with Article 44 of the Act, the Minister of Justice shall not provide the support stated in the following subparagraphs for a refugee status applicant who falls under item (c) of subparagraph 4 of Article 2 of the Act, or subparagraph 2 or 3 of paragraph 5 of Article 8 thereof. However, this shall not apply if the provision of such support is deemed necessary on the ground of urgency or on humanitarian grounds : 1. Support for living expenses, etc., under Article 40(1) of the Act; 2. Support for residential facilities under Article 41 of the Act; 3. Support for medical services under Article 20(1) of the Decree. Article 22 (Operation of Consultative Committee regarding Treatment of Recognized Refugees, etc.) The Minister of Justice, if deemed necessary for the treatment of recognized refugees, etc., may organize and operate a consultative committee consisting of public officials of other ministries and experts. Article 23 (Refugee Support Facilities) (1) The Minister of Justice may establish spaces for residence, dining, education, medical services, exercise, and counseling within refugee support facilities in order to effectively perform support work for recognized refugees or refugee status applicants. (2) The Ministry of Justice may allow a person falling under any of the following subparagraphs to use a refugee support center. However, upon considering the types and capacities of such facility, the Minister of Justice may limit the category of persons allowed, or designate a person with priority to use such facility: 1. A recognized refugee; 2. A refugee status applicant; 3. A humanitarian status holder; 4. A spouse or underage children of a person falling under subparagraphs 1 to 3. (3) The Minister of Justice may exclude, or limit the use by, a person who is, or who is deemed to be, harmful to the safety and order of a refugee support center. (4) The Minister of Justice may entrust part(s) of the services, including the provision of meals, education and medical services, etc., offered in a refugee support center, to a corporation or an organization specializing in such service as prescribed by Article 45(2) of the Act. Article 24 (Delegation of Authority) The Minister of Justice delegates the authority stated in the following subparagraphs to the Office Chief, etc., with jurisdiction (however, authority in item 3, 8 and 9 shall not be delegated to a chief of an immigration detention center) pursuant to Article 46 of the Act: 1. Humanitarian permission to stay under subparagraph 3 of Article 2 of the Act; 2. Issuance of a receipt in accordance with Article 5(5) of the Act and Article 5(6) of this Decree; 3. Determination of a referral regarding refugee recognition reviews and entry permission under Article 6(3) of the Act; 4. Refugee recognition reviews under Article 8 of the Act; 5. A cooperation request as specified under Article 11(1) of the Act (a cooperation request related to an application for appeal in accordance with Article 21 of the Act); 6. Matters regarding refugee recognition determinations under Article 18 of the Act; 7. Matters regarding the cancellation and withdrawal of refugee recognition determinations under Article 22 of the Act; 8. An entry permission for the spouse of a recognized refugee under Article 37 of the Act; 9. An employment activity permit under Article 39 of the Act and an employment permit as described in Article 40(2) thereunder; 10. Medical services support under Article 42 of the Act. Article 25 (Process of Sensitive Information and Unique Identifier Information) 56 The Minister of Justice, an Office Chief, or an RSD officer, etc., may process data regarding information about the ideology, faith, or health of a person under Article 23 of the Private Information Protection Act, or genetic information or information of criminal history under subparagraphs 1 or 2 of Article 18 of the Enforcement Decree of the aforementioned Act, or information containing passport numbers or alien registration numbers under subparagraphs 2 or 4 of Article 19 of the aforementioned Enforcement Decree, if deemed necessary to use such information to conduct tasks stated in the following subparagraphs: 1. Tasks regarding refugee recognition determinations under Article 8 of the Act; 2. Tasks regarding factual investigations under Article 10 of the Act; 3. Tasks regarding cooperation under Article 11 of the Act; 4. Tasks regarding disclosure and copying of materials, etc., under Article 16 of the Act; 5. Tasks regarding the recognition of a refugee, etc., under Article 18 of the Act; 6. Tasks regarding the detention of a refugee status applicant for identification verification purposes under Article 20 of the Act; 7. Tasks regarding an application for appeal under Article 21 of the Act; 8. Tasks regarding the cancellation of a refugee recognition determination under Article 22 of the Act; 9. Tasks regarding the accommodation of resettlement seeking refugees under Article 24 of the Act; 10. Tasks regarding the guarantee of education under Article 33 of the Act; 11. Tasks regarding the social integration program under Article 34 of the Act; 12. Tasks regarding entry permission for a spouse, etc., under Article 37 of the Act; 13. Tasks regarding permission for employment activities under Article 39 of the Act; 14. Tasks regarding the provision of support for living expenses, etc., under Article 40 of the Act; 15. Tasks regarding the provision of support for residential facilities under Article 41 of the Act; 16. Tasks regarding the provision of support for medical services under Article 42 of the Act; 17. Tasks regarding the operation of refugee support facilities under Article 45 of the Act. Supplementary Provision Article 1 (Date of Effect) This Enforcement Decree shall take effect July 1, 2013. Article 2 (Other Amendments) (1) Provisions of the Enforcement Decree of the Act on the Development of Workplace Skills of Workers shall be amended as follows. Subparagraph 12 of Paragraph 2 of Article 6 shall be newly added as follows: 12. A recognized refugee under subparagraph 2 of Article 2 of the Refugee Act, whom the Minister of Justice considers in need of vocational training, and recommends to the Minister of Employment and Labor. (2) Provisions of the Enforcement Decree of the Immigration Control Act shall be amended as follows: The title of Chapter 7-2, Recognition of Refugee, etc. shall be amended to Issuance of Refugee Travel Certificate, etc.. Article 88-2 through Article 88-4 shall be deleted from the aforementioned Enforcement Decree. Article 88-9 shall be amended as follows: Article 88-9 (Treatment of Refugee, etc.) (1) The Minister of Justice shall, upon adjudicating to grant humanitarian permission to stay for a person as prescribed by subparagraph 3 of Article 2 of the Refugee Act, determine necessary matters including, but not limited to, the status of stay and the period of stay, etc., and shall notify such matters to the Office Chief or Branch Chief. (2) The Chief or Branch Chief, upon receiving the notification as provided in paragraph 1, shall stamp a seal of approval on the status of stay, on the change of status of stay, or on the extension of period of stay, and shall record such approvals or affix a sticker representing such approvals in the passport of the alien 57 whose stay is granted in accordance with subparagraph 3 of Article 2 of the Refugee Act. However, for a person whose alien registration has been completed, this shall be substituted by recording such facts on the Alien Registration Card. Within Article 96(1) the previously stated, Article 76-2, 76-3, Paragraph 2,3 of Article 76-8, and Article 89 shall be amended to Article 89. ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
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