application to the refugee status determination procedure except in cases
where the applicant is clearly not a refugee, and guarantee proper treatment
for those who have filed a suit against the decision on non-referral. The
Ministry of Justice replied that a careful examination is needed on the
amendment of the law and enhancement of treatment.
77. However, it is desirable for the government to improve the system so that
refugee applicants at the port of entry and departure receive refugee status
screening unless the application clearly lacks formal requirements.
13-2. Securing Expertise and Transparency of Refugee Recognition Procedure
78. According to the status of refugee application by offices of the Ministry of
Justice in 2016, the Seoul Immigration Office has received 82.5% (6,224 out
of 75,420) of the applications, accounting for the biggest portion. The Seoul
Office has 22 people in charge, so more than 280 refugee applicants per one
public officer. The period of the first round of the refugee status determination
procedure is limited to six months under the relevant law, which may be
extended once. In 2016, the average period of the first round was five months,
much shorter than in the past.
79. The issue of interpretation in the process of refugee status determination has
been continuously raised. In recent years, the court canceled the decision on
non-recognition of refugee as it turned out that certain interpreter and
immigration officer had prepared false interview reports. 11
80. An objection against the decision on non-referral can be filed and deliberated at
the second round of procedure, and the deliberation is conducted by the
Refugee Committee under Article 25 of the Refugee Act. However, the
Refugee Committee is composed of 15 members and the deliberation is
conducted based on only papers without hearing procedures, and the
11
Seoul Administrative Court 2017GUDAN4294 on 12 October 2017 and Seoul High Court
2016NU47245 on 27 June 2018. According to the above-mentioned court ruling all the interview
report conducted by certain public officer and interpreter include the following false comments: “I
have applied for refugee to stay legally in Korea for a long time and make money.”, “(All of the
reason for refugee application in the application letter are false?) Yes, they are all false. I have
written down false reasons to apply for refugee status.” The above-mentioned court ruling on
2017NU47245 pointed out that while it is very rare for the refugee applicants to make a statement
not consistent with the reason for refugee application, and such inconsistency is found especially in
interview reports where Korean-Arabic interpreter B has participated, implying that there is
significant problem with regards to the content of ways of interpretation of interpreter B
18