Last Change:
06/03/2025
Enforcement Decree of the Refugee Act
Year: 2013
Type: Domestic law
Rights Category: Asylum, Liberty & security of person, Documentation
Description
The purpose of this Decree is to prescribe matters mandated by the Refugee Act and matters necessary for the enforcement thereof.
Selected provisions
The Minister of Justice shall not provide the following support to refugee applicants who fall under subparagraph 4 (c) of Article 2 of the Act or Article 8 (5) 2 and 3 pursuant to Article 44 of the Act: Provided, That the same shall not apply in an emergency or where such support is deemed necessary to be provided extraordinarily for humanitarian purposes:
1. Subsidization of living costs, etc. prescribed in Article 40 (1) of the Act;
2. Provision of residential facilities prescribed in Article 41 of the Act;
3. Provision of medical services prescribed in Article 20 (1).
(1) For the efficient performance of duties to support recognized refugees, refugee applicants, etc., the Minister of Justice may establish residential facilities, food service facilities, educational facilities, medical facilities, athletic facilities, counselling rooms, etc. in refugee support facilities.
(2) The Minister of Justice may allow any of the following persons to use refugee support facilities: Provided, That the Minister of Justice may limit persons eligible to use refugee support facilities or determine persons eligible to preferentially use refugee support facilities in consideration of the type, size of accommodation, etc. of refugee support facilities:
1. Recognized refugees;
2. Refugee applicants;
3. Humanitarian sojourners;
4. Spouses and minor children of persons who fall under subparagraphs 1 through 3.
(3) The Minister of Justice may exclude persons who impair or are likely to impair the safety and order of refugee support facilities from persons eligible to use refugee support facilities or restrict them from using such facilities.
(4) The Minister of Justice may entrust part of affairs concerning meal services, education, medical services, etc. managed at refugee support facilities to corporations or organizations professionally providing the relevant services, pursuant to Article 45 (2) of the Act.
(1) The Minister of Justice shall delegate the following authority to the head of the competent Immigration Office, the head of the competent office, the head of the competent branch office, or the head of the competent immigration detention center (in cases of the head of the competent immigration detention center, subparagraphs 3, 8, 9, and 11 shall be excluded) pursuant to Article 46 of the Act: <Amended on May 8, 2018; Dec. 31, 2019>
1. Humanitarian stay permits prescribed in subparagraph 3 of Article 2 of the Act;
2. Issuance of certificates of receipt prescribed in Article 5 (5) of the Act and in Article 5 (6) of this Decree;
3. Decision of referring to refugee status screening and entry permits prescribed in Article 6 (3) of the Act;
4. Refugee status screening prescribed in Article 8 of the Act;
5. Requests for cooperation prescribed in Article 11 (1) of the Act (excluding requests for cooperation related to objections prescribed in Article 21 of the Act);
6. Matters concerning decision of recognition of refugee status prescribed in Article 18 of the Act;
7. Matters concerning the cancellation and withdrawal of decision of recognition of refugee status prescribed in Article 22 of the Act;
8. Permission of entry of spouses, etc. of recognized refugees prescribed in Article 37 of the Act;
9. Permission for recruiting activities prescribed in Article 39 of the Act and work permits prescribed in Article 40 (2);
10. Provision of medical services prescribed in Article 42 of the Act;
11. Issuance of notices of a decision not to refer to refugee status screening prescribed in Article 5 (7).
(2) Of matters regarding the operation of refugee support facilities under Article 45 (1), the Minister of Justice shall delegate the authority regarding the determination of eligible users, etc. under Article 23 (2) and (3) to the heads of immigration reception centers under Article 46 of the Act. <Newly Inserted on Dec. 31, 2019>