This is a joint statement issued by various South Korean civil society organizations and refugee community members in opposition to the Ministry of Justice’s proposed amendments to the Refugee Act. The statement points out that the partial amendment to the Refugee Act proposed by the Ministry of Justice in December 2021 would effectively strip asylum seekers of their rights and make deportation far easier. It calls on the National Assembly to immediately scrap the bill.

Background: The Ministry of Justice Proposes Amendments to the Refugee Act

On December 17, 2021, the Ministry of Justice (법무부) introduced proposed amendments to the Refugee Act without sufficient public debate. The bill is widely understood to have been pushed forward by riding on a wave of anti-refugee sentiment that emerged in some parts of Korean society after a large number of Yemeni refugees arrived on Jeju Island in 2018.

Opposition to the bill came from many directions:

  • Civil society organizations and refugee community groups
  • The National Human Rights Commission of Korea (NHRCK)
  • The United Nations High Commissioner for Refugees (UNHCR)
  • The Korean Bar Association
  • The Minbyun, Lawyers for a Democratic Society

Despite this broad opposition, the Ministry of Justice pressed ahead with the bill and subsequently pushed for it to pass the National Assembly.

The Core Problem: The “Inadmissibility Decision” System

The most significant provision in this amendment is the “inadmissibility decision” system, which would bar people who reapply for refugee status from even receiving a review.

If this system is introduced, the following serious consequences are expected:

  • People who were unable to properly demonstrate their refugee status the first time around — because they lacked access to legal assistance or interpretation — would be denied any second chance at a review.
  • As a result, people who are genuinely refugees but were not given a fair process could end up being deported to their home countries.

The Reality of Refugee Status Determination in Korea

A Very Low Recognition Rate

Korea’s refugee recognition rate is among the lowest of any OECD member country. The annual recognition rate rarely exceeds 1 to 2 percent, which is far below the OECD average of around 23 percent.

In 2022, there were 11,539 refugee status applications, but only 175 people were newly recognized as refugees. (Government refugee statistics via Jipyonuri) This remains far below the OECD average recognition rate of around 23 percent. (Refugee Rights Center NANCEN report)

Inadequate Support Throughout the Process

The refugee status determination process in Korea has the following structural problems:

  • Most asylum seekers do not receive legal assistance during the review process.
  • Interpretation and translation support is insufficient, making it difficult for applicants to properly explain their situation.
  • Many applicants are not even guaranteed the opportunity to collect and submit the evidence they need.

These problems have been consistently raised both inside Korea and internationally.

Concerns About Government Administrative Practices

Civil society organizations criticize the government for running its policies, since the Refugee Act came into force, in ways that restrict opportunities to apply rather than protect refugees’ rights.

  • Encouraging poor-quality reviews: There are claims that instructions were issued nationwide that effectively lowered the quality of refugee status determinations.
  • Corruption of the review process: Serious incidents have occurred in which refugee status determinations, which should be conducted fairly and professionally, were significantly compromised or manipulated.
  • Pressure to leave voluntarily: Critics point out that victims of poor-quality reviews have been labeled “abusive applicants,” had their residency status revoked, and been effectively pressured to leave the country on their own.

What the Refugee Act Means, and Why It Is Under Threat

When it came into force in 2013, Korea’s Refugee Act was proudly promoted by the government and the National Assembly as Asia’s first standalone law implementing the Refugee Convention — a human rights law to be celebrated.

This amendment, however, strikes at the very foundation of that law. Critics worry that the Refugee Act could be reduced from a human rights law to a deportation law.

What Civil Society Is Calling For

The organizations that signed this statement are demanding the following:

  1. The Ministry of Justice must immediately withdraw the amendment to the Refugee Act that promotes racial discrimination.
  2. The National Assembly must uphold the spirit and values behind the original Refugee Act enacted in 2012. The Refugee Act, as a human rights law, must not be rolled back — it should be moving forward.
  3. The government must immediately stop using hate and incitement as tools to drive legislation.

The figures in this document (recognition rates, application counts, etc.) may change over time. For the most up-to-date information, please check with the Immigration Contact Center (1345) or your local Korea Immigration Service office.