Human Rights Commission: "Refugee Act Must Be Amended to Improve Treatment of 'Indudojeoryuja'"

[Asia Economy Reporter Seongpil Jo] The National Human Rights Commission of Korea has once again requested the Ministry of Justice on the 2nd to amend the Refugee Act and other laws to improve the treatment of domestic 'humanitarian stayers.'

The current Refugee Act defines 'humanitarian stayers' as those who are not refugees but have suffered inhumane treatment such as torture or have credible grounds to believe their life or physical freedom is at risk. However, since the law does not specify their exact status and treatment, cases have occurred where the length of stay extensions varied individually. In 2019, the Human Rights Commission requested the Ministry of Justice to revise the law and secure a stable period of stay.

The Minister of Justice replied to the Human Rights Commission twice, in November last year and on the 10th of last month, stating that to improve the inconsistent practice of granting varying extension periods for humanitarian stayers, a maximum stay period of one year would be permitted unless there is a clear reason otherwise, and when granting less than one year, the reason would be explained to the applicant. The Ministry also explained that it revised and distributed a guide explaining the stay and employment methods for humanitarian stayers.

In response to this reply from the Ministry of Justice, the Human Rights Commission evaluated that "the plan to correct past wrongful practices and establish a separate stay status for the stable stay and improved treatment of humanitarian stayers is positive and needs to be promoted swiftly." However, it expressed concern that "there is no plan to precede the necessary amendment of the Refugee Act," and urged that the law explicitly specify the status of humanitarian stayers, recognition procedures similar to those for refugees, and their treatment.