Seeking Refuge in South Korea: A Complicated Journey

Obtaining refugee status in South Korea is no walk in the park. Many individuals fleeing political persecution or war come to Korea, hoping to begin anew by applying for asylum. However, the process is lengthy, intricate, and the odds of success are relatively low.

Take, for example, Mr. A, who fled political persecution from an African country. Despite providing evidence that he could face serious danger if he were to return home, the path to gaining refugee status proved to be an arduous one. The South Korean Ministry of Justice exercises extreme caution when assessing refugee claims, which is evident in the country’s notably low recognition rate. From 1994 to 2022, over 84,000 refugee applications were submitted, yet only 1.6% were granted approval.

As the number of asylum seekers continues to climb, the burden of proof lies heavily on the applicants. They must objectively validate their claims of persecution in their home countries, and without sufficient evidence, the majority face rejection.

The Refugee Recognition Process and the Role of the Courts

When a refugee application is denied in South Korea, applicants have recourse through the courts for a reassessment of their case. In Mr. A’s situation, although the Ministry of Justice initially rejected his application, the court determined that there was credible evidence of potential persecution and ordered a reevaluation.

However, even after going through this judicial process, many still find themselves without recognition of their refugee status. The South Korean Ministry of Justice maintains a conservative stance on granting asylum, presenting additional obstacles for those seeking refuge.

South Korea’s Refugee Policy: Low Acceptance Rates and Their Consequences

Several factors contribute to South Korea’s low refugee acceptance rates. The government rigorously scrutinizes the identities of applicants and the risks they face, demonstrating its commitment to national security. If applicants cannot convincingly demonstrate their risks, they are unlikely to receive refugee status.

Furthermore, those denied asylum, like Mr. A, experience significant limitations on access to social support and healthcare. They often find themselves without basic rights and face difficulties, such as registering the births of their children or accessing medical benefits. As the number of unregistered children rises, many families become marginalized and frequently face discrimination in education and childcare.

The Need for Reform in South Korea’s Refugee Policy

Human rights organizations and the National Human Rights Commission are calling for improvements in South Korea’s refugee policies. There is a pressing need for more flexible measures to protect the rights of unregistered migrant children and to provide legal status to asylum seekers.

While the government has initiated policies from 2022 to 2023 to grant residency to migrant children living in Korea for more than seven years, many refugees and their children still find themselves in institutional limbo. Additionally, a lack of accessibility to information regarding the asylum process is also a concerning issue. Many applicants struggle with the complicated procedures and limited resources, often resulting in their applications being denied due to a lack of legal assistance.

South Korea’s refugee policy operates on a notably cautious and conservative footing. While this approach is intended to safeguard national security, it poses significant challenges to asylum seekers. To better protect the humanitarian needs of these individuals and their fundamental rights, policy reform is crucial.

It’s essential to improve acceptance rates and bolster support systems that enable refugees and their children to maintain a basic standard of living. Moreover, urgent institutional changes are necessary to protect the rights of unregistered children without legal status.

If these changes are implemented, it could pave the way for asylum seekers to adapt more seamlessly into South Korean society and ensure their human rights are upheld.

Please note that this article reflects the situation at the time of writing, and government policies may change over time. This piece serves solely to inform and does not provide legal interpretation or judgment. For further assistance, feel free to reach out via the 1:1 consultation board.