On the other hand, there are also Russians who entered the country to avoid conscription
in Russia. Russia declared a partial mobilization of approximately 300,000 people on Sep.
21, and Russians living in Korea applied for asylum to avoid unwanted conscription. In
2022, there were 1,380 Russian refugee applicants, a significant increase from 45 in 2021.
However, the Ministry of Justice’s position is that the purpose of evading the mobilization
order does not constitute a ground for recognizing refugees, and is denying their entry or
refusing to refer them for refugee screening.217)
Between Oct. 1 and Oct. 10, 27 Russians aboard 6 yachts from Russia entered Korea, but
21 were reportedly denied entry.218) It was reported that five Russians who are in the process
of filing a lawsuit against the decision not to recognize as refugee status in the departure
waiting room at Incheon International Airport have been living in the country since Aug. 18.219)
Civil groups criticized the government's response and filed a complaint with the NHRCK,
stating that refusal of military service against the war is a proper ground for recognizing the
refugee status, and that they should be given an opportunity to undergo the refugee
screening.220)
B) War Refugees and Controversy Surrounding Refugees Under the Refugee Act
Under the Convention Relating to the Status of Refugees (1951),221) the Protocol Relating
to the Status of Refugees (1967), and Korea’s Refugee Act, a refugee is a person who is
likely to be persecuted by his/her country of nationality or habitual residence because of
race, religion, nationality, status or political opinion. The refugees under the Refugee Act are
somewhat different from those generally referred to as ‘refugees’ (displaced people). The
Korean government has maintained the view that people displaced by war do not qualify as
refugees because they do not meet the five requirements under the Refugee Act and are not
the result of intentional persecution by the country of nationality for belonging to a specific
group.
217) Hankyoreh, Russian students in Korea applying for refugee status as only death awaits them in Russia, Dec. 30,
2022.
218) Hankyoreh, Russian Boat People in the East Sea ... Will they be recognized as war refugees?, Oct. 18, 2022.
219) Hankyoreh, Political refugees ... Russians refusing military service are stuck in Incheon Airport, Dec. 30, 2022.
220) Civic Group, Without War, Press Release, Dec. 30, 2022.
221) Korea acceded to the Convention Relating to the Status of Refugees on Dec. 3, 1992.
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