This is the Refugee Legal Aid Glossary published in August 2013 by the Dongcheon Foundation (the public interest foundation of Bae, Kim & Lee LLC), with support from the UNHCR Korea Representation and the Korea Bar Association Human Rights Foundation. It compiles 215 key terms actually used in refugee status determination and litigation in Korea, presented in three languages: Korean, English, and French. It is designed as a reference for interpreters, lawyers, NGO practitioners, refugee status determination officers, court personnel, and anyone else involved in the process.
Specific figures, deadlines, and responsible agencies may change over time. Before submitting any application, please verify the latest information by calling 1345 (Immigration Contact Center, no area code needed) or contacting your local Korea Immigration Service.
Why This Glossary Was Created
Obtaining recognition as a refugee requires going through complex legal procedures including interviews, status determination, and litigation. The specialized legal terms used in these processes carry very specific meanings that differ from everyday language. If an interpreter fails to render these terms accurately, an applicant’s claims may not be properly conveyed, which can result in serious disadvantages. This glossary was created to lower those communication barriers.
As of 2026, the cumulative number of refugee status applications filed in Korea has exceeded 120,000, while the cumulative number of recognized refugees stands at 1,544 (a recognition rate of approximately 2.7%) (Ministry of Justice, as of February 2025). As of December 2024, the average processing time is approximately 14 months for the first-instance review, approximately 17.9 months for the appeal review, and approximately 22.4 months for administrative litigation. In this context, a precise understanding of legal terminology is more important than ever. Since these figures are subject to change, please confirm the latest information with 1345 or your local Korea Immigration Service before proceeding.
Glossary Entries (Alphabetical Order in Korean)
G
Principle of Family Unity Article 16 of the Universal Declaration of Human Rights provides that the family is the natural and fundamental group unit of society and is entitled to protection. Under this principle, refugee status may be extended to the spouse or dependants of a recognized refugee. The status granted in this way is called derivative status, and the resulting reunification of the family is called family reunification. Article 37(1) of the Refugee Act provides that, where the spouse or minor child of a recognized refugee applies to enter Korea, entry shall be permitted unless there is a special reason not to do so.
Family Reunification See “Principle of Family Unity.”
Dismissal Without Prejudice (Gakha) A court ruling that terminates proceedings without examining the merits of the claim, on the ground that the procedural requirements for bringing the action have not been met.
Forcible Return See “Principle of Non-Refoulement.”
Principle of Non-Refoulement A core principle of international refugee law that prohibits returning a refugee, under any circumstances, to a country or territory where their life or freedom would be at risk. It is set out in Article 33 of the 1951 Refugee Convention and Article 3 of the Convention Against Torture, and forms part of customary international law, meaning it applies even to states that have not acceded to the Refugee Convention. Article 3 of the Refugee Act incorporates the same obligation.
Forced Departure / Deportation The exercise by a state of its sovereign power to remove from its territory a foreigner who has been refused entry or whose authorization to stay has expired. In the case of asylum seekers, enforcement of deportation may be restricted while status determination procedures are ongoing, in accordance with the principle of non-refoulement.
False Document / Fraudulent Document A document that contains information that is not true.
False Statement / Fraudulent Statement A statement whose content differs from the facts, whether intentionally or otherwise. Under Korean criminal law, perjury refers to a statement that differs from facts the person has personally experienced or knows to be true.
High Court The court that hears appeals (called항소심, second-instance proceedings) filed against first-instance judgments. In litigation seeking cancellation of a refugee non-recognition disposition, a party dissatisfied with the Administrative Court’s first-instance judgment may appeal to the High Court.
Convention Against Torture (Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) An international human rights treaty aimed at prohibiting torture worldwide. States parties are required to take effective measures to prevent torture within their jurisdictions and must not return a person to a country where they face a risk of being tortured.
Jurisdiction The authority conferred by law upon a court to hear cases and render judgments in respect of a particular geographic area or a particular type of case.
Application Form for Education Cost Support Recommendation Under Article 33 of the Refugee Act, recognized refugees and their minor children are entitled to receive primary and secondary education on the same basis as Korean nationals. This is the form used to apply for that education cost support. For more information about children’s right to education, please see Education Rights Visa for Long-Term Resident Children and Guide to Parent and Child Stay Status.
Release from Detention The lifting of a coercive measure restricting a person’s physical liberty, thereby restoring that person’s freedom.
Internal Displacement Forced movement of people within their own country. See “Internally Displaced Person.”
Internally Displaced Person (IDP) A person who has not crossed an internationally recognized border but who has been forced to leave their place of habitual residence and move to another area within the same country, in order to flee armed conflict, generalized violence, human rights violations, or natural or man-made disasters.
National A person who holds membership in a particular state by law. Different countries use either “nationality” or “citizenship” to describe this legal relationship.
Court-Appointed Defense Counsel / Public Defender A lawyer appointed by a court to represent a party to proceedings who cannot afford to hire private legal representation, with the cost borne by the state.
Nationality
- The status of being a national or citizen of a particular state.
- One of the grounds for persecution recognized under the Refugee Convention. In this context, nationality encompasses not only citizenship but also membership in a particular ethnic or linguistic group, and may in some cases overlap in meaning with the term “race.”
International Refugee Law The body of customary international law and international treaties that establish the standards for the protection of refugees. The principal instruments are the 1951 Refugee Convention and its 1967 Protocol.
International Humanitarian Law The body of international law rules designed to protect individuals in situations of war or armed conflict.
Naturalization The formal process by which a state, upon application by a foreigner, grants that person its nationality. Applications for naturalization in the Republic of Korea may be submitted through HiKorea (the online immigration service portal) or at your local Korea Immigration Service office.
Returnee A refugee or displaced person who has returned to their country of origin or previous place of residence.
Employment Contract A document concluded between an employee and an employer that sets out the terms and conditions of employment, including wages, work duties, working hours, leave, and benefits. For more information about the labor rights of migrant workers, please see 2025 Migrant Workers’ Rights Handbook: Labor Rights, Industrial Accident Insurance, and Wage Theft.
Dismissal on the Merits (Gikak) A judgment by which a court, having found that the procedural requirements for the action are satisfied and having heard argument, rejects the plaintiff’s claim after determining that it has no substantive basis.
Notice of Hearing Date A document sent by a court to the parties to notify them of the scheduled date for oral proceedings and the date for delivery of judgment. However, if the next hearing date has already been announced at a prior hearing, a separate notice is not sent.
N
Refugee Under Article 2(1) of the Refugee Act, a foreigner who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is unable or unwilling to avail themselves of the protection of their country of nationality, or a stateless foreigner who, owing to such fear, is unable or unwilling to return to the country in which they previously habitually resided before entering Korea.
Refugee Exclusion Clauses Article 1F of the Refugee Convention specifies circumstances in which a person who otherwise meets the refugee criteria is nevertheless not entitled to international protection. Article 19 of the Refugee Act reflects this by providing that the Minister of Justice may issue a non-recognition decision where there are substantial grounds for believing that the person:
- is currently receiving protection or assistance from a United Nations organ or agency other than the UNHCR (United Nations High Commissioner for Refugees);
- has committed a crime against peace, a war crime, or a crime against humanity;
- has committed a serious non-political crime outside Korea prior to entering Korea; or
- has been guilty of acts contrary to the purposes and principles of the United Nations.
Country of Origin The country from which a refugee or asylum seeker originates.
Refugee Act The law that governs the procedures for applying for and determining refugee status in Korea, as well as the treatment of refugees, persons granted humanitarian protection status, and asylum seekers, in accordance with the Refugee Convention, the Refugee Protocol, and other international human rights treaties. (Enacted 10 February 2012; entered into force 1 July 2013.) The Enforcement Rules of the Refugee Act were last amended on 3 December 2024 by Ministry of Justice Ordinance No. 1084. The current text of the Act is available at the National Law Information Center.
Refugee Non-Recognition Decision Notice The document by which the Minister of Justice notifies the applicant that their refugee application has been rejected as unfounded. Under Article 18(2) of the Refugee Act, this notice must state the reasons for non-recognition and must inform the applicant that they may file an appeal within 30 days. Since deadlines may change, please verify the latest information with 1345 or your local Korea Immigration Service office before taking action.
Refugee Litigation The legal process by which a person contests and seeks the cancellation of a refugee non-recognition disposition issued by the Minister of Justice. Proceedings follow the sequence of first-instance Administrative Court, second-instance High Court appeal, and third-instance Supreme Court appeal.
Asylum Seeker / Person Who Has Applied for Refugee Status Under Article 2(4) of the Refugee Act, a foreigner who has filed an application for refugee status in Korea and who falls into one of the following categories:
- A person whose case is still under review;
- A person who has received a non-recognition decision or a decision dismissing their appeal, but whose period for filing an appeal, administrative adjudication, or administrative litigation has not yet expired;
- A person whose administrative adjudication or administrative litigation against a non-recognition decision is still pending.
For information about asylum seekers’ obligations regarding their stay and how to file various notifications, please also refer to Asylum Seekers’ Stay Obligations and Fines: Extending Stay, and Reporting Changes of Address and Passport.
Refugee Division The section within a Korea Immigration Service office (or immigration office) responsible for receiving refugee applications and carrying out status determination work.
Refugee Status Determination Officer A civil servant designated by the Minister of Justice under Article 8(4) of the Refugee Act to carry out refugee status determination work, including interviews and fact-finding, at a Korea Immigration Service office or foreigner detention center.
Refugee Travel Document A passport-type travel document issued by the government to a recognized refugee who applies for it in order to travel abroad. Governed by Article 76-5(1) of the Immigration Act.