Contents
- The concluding observations (9/20/2009) made by ICESCR on the 3rd
periodic report of the Republic of Korea expressed concern regarding
the long and slow procedure required to be recognized as refugees and
recommended that the country’s relevant procedure be standardized.
Cases in
major
countries
- Germany allows refugee applicants to appeal the rejection made by the
court of first instance to the appellate court, and then to the Constitution
Court under Article 78 (2) and (3) of the Refugee Law. During said
period, applicants are guaranteed their legal status, and they go through
sessions of language and vocational education. Those recognized as
refugees receive social welfare benefits equal to those enjoyed by locals.
Refugee applicants receive 30% of social welfare benefits provided to
locals, but it is expected to be upgraded with the enactment of the
Refugee Applicants Welfare Law.
- People who entered Germany may submit their refugee applications at
the relevant government offices including the police. Prior to the
submission of the applications, they are sent to a large-sized
accommodation facility with police, medical staff, cafeteria, and
quarters. Refugee applications are processed there, with the relevant
government authority examining the grounds of their applications. The
applicants are issued a permit of sojourn, which allows them to stay in
Germany until determination is closed. Until they are to move to the
decided country or region, they usually stay in the facility for 3 months.
C. Core agenda items for promotion
Ⅳ-2-1. The country should set the detailed scope of people requiring humanitarian
protection and the procedure for recognizing them.
Ⅳ-2-2. In the case of a decision not to accept a refugee application, the current
time limit for applying for appeal, 14 days, should be extended considering
the language barrier and preparation of explanatory materials.
Part 4. Stronger protection of human rights of refugees and stateless people
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