The National Human Rights Commission of Korea (NHRCK) passed a resolution at its Standing Committee meeting on June 10, 2021, issuing a policy recommendation to the Minister of Justice aimed at improving the human rights situation of humanitarian stay permit holders in Korea. The recommendation calls for raising the legal status and practical treatment of humanitarian stay permit holders to meet the international standard of “complementary protection.”

What the Recommendation Says

The NHRCK recommended that the Minister of Justice take the following two steps.

  1. Amend relevant legislation: Revise the Refugee Act and related laws so that the status and treatment of humanitarian stay permit holders align with the spirit of “complementary protection” under international norms.
  2. Revise guidelines first: Even before legislation is amended, revise relevant administrative guidelines as an immediate step to meaningfully improve conditions for humanitarian stay permit holders, including securing more stable periods of stay, easing work permit requirements, and simplifying procedures.

The official press release for this recommendation is available on the NHRCK website.

What Is Complementary Protection?

The 1951 Convention Relating to the Status of Refugees (the Refugee Convention) recognises five grounds on which a person may be granted refugee status.

  • Race
  • Religion
  • Nationality
  • Membership of a particular social group
  • Political opinion

In today’s world, however, there are growing numbers of people who do not fit neatly into any of these five categories yet still cannot safely return to their home country and are genuinely in need of international protection. For this reason, many countries have created a separate system called “complementary protection,” which applies the principle of non-refoulement (the rule against forcibly returning someone to danger) to these individuals and provides them with a right to stay and treatment broadly comparable to that of recognised refugees.

Because complementary protection is an additional layer of protection, it is not appropriate to use it as a substitute for people who in fact meet the criteria for full refugee status. Equally, if people granted complementary protection status are treated significantly worse than recognised refugees, the system defeats its own purpose.

Humanitarian Stay Permit Holders in Korea and Complementary Protection

Article 2, Subparagraph 3 of Korea’s Refugee Act defines a humanitarian stay permit holder as follows.

A foreign national who does not meet the grounds for recognition as a refugee but for whom there are reasonable grounds to believe that his or her life, physical freedom, or other fundamental rights would be seriously violated if returned, due to torture, other inhumane treatment or punishment, or other circumstances, and who has been granted permission to stay by the Minister of Justice.

By international standards and the legislation of other countries, humanitarian stay permit holders in Korea effectively correspond to people who would qualify for complementary protection status elsewhere. However, a monitoring survey on the living conditions of humanitarian stay permit holders conducted by the NHRCK in 2019 found that these individuals face a range of serious practical difficulties.

Key Difficulties Faced by Humanitarian Stay Permit Holders

No Official Certificate

There is no separate recognition letter or certificate that officially confirms a person’s status as a humanitarian stay permit holder. The Ministry of Justice simply includes a note about the humanitarian stay permission within the letter notifying the person that their refugee application has been refused; no standalone document is issued.

Unstable Immigration Status (G-1 Visa)

Humanitarian stay permit holders are placed in the G-1 (miscellaneous) visa category rather than a long-term residency category.

The main problems with the G-1 visa are as follows.

  • Short permitted stay: Each grant of permission lasts at most one year, requiring an annual renewal application.
  • Work restrictions: Work is not permitted as a default; the holder must separately apply to the Korea Immigration Service for an “activity outside the scope of status” permit before they can work.
  • Financial burden: Applying for the work permit involves fees and administrative costs, and the types of jobs that may be authorised are limited.
  • Discrimination in employment: Even after obtaining a work permit, many humanitarian stay permit holders report experiencing discrimination at work, which makes it hard to maintain stable livelihoods.
  • No path to permanent residency: Even after many years in Korea, and even if a person meets requirements such as language ability and financial standing, the G-1 status does not count toward eligibility for permanent residency (the F-5 visa).

What Happened After the Recommendation

In response to the NHRCK’s 2021 recommendation, the Ministry of Justice replied that it would consider granting the maximum permitted stay of one year as the default (absent clear reasons not to) and would review the possibility of creating a new visa category that would allow work. However, the NHRCK expressed concern that the Ministry had no plans for fundamental legislative reform, such as amending the Refugee Act, and has continued to call for such reform since then.

For the most up-to-date information on visa status and work permit procedures, please contact the Immigration Contact Center (1345) directly, or visit your local Korea Immigration Service office.