Korea's Practice on Refugee Protection: Focusing on the Refugee Act and Relevant Court Cases

Abstract

The Republic of Korea became the first country in East Asia to enact its own refugee law, which has been in force since 2013. While the enactment of the new Refugee Act provided a critical momentum for Korea's refugee policy to shift from mere immigration control to a more human rights–based approach, Korea has often come under fire for its low rate of refugee admittance. As the number of refugee applicants in Korea has drastically surged in recent years, there remain important issues such as improving the efficiency of the refugee admissions process. This article explores the key provisions of Korea's Refugee Act along with recent legislative proposals to amend the Refugee Act, and it highlights some court decisions related to refugee issues. By analyzing the relevant law, court cases, and government policies of Korea, this article explores the possibility of setting Korea up as a good exemplar of upholding the values of refugee protection in the Asian region.