National Human Rights Commission of Korea Annual Report 2021 E. ‌Policy recommendation to improve status and treatment of humanitarian sojourners On June 10, the Commission recommended that the Minister of Justice amend the Refugee Act and other related laws and regulations so that the status and treatment of humanitarian sojourners are in line with the intent of subsidiary protection under international norms, and revise related guidelines so that humanitarian sojourners can be granted stable length of sojourn, eased requirements and simplified procedures for employment before changes can be made to the relevant laws and regulations. Because the 1951 Refugee Convention limits the reasons for persecution for which an applicant can be considered a refugee to one of the five enumerated grounds, which are race, religion, nationality, membership in a particular social group, and political opinion, the international community treats those who cannot return to their home country for reasons other than the five reasons in ways similar to those recognized as refugees based on international and regional human rights instruments. In this respect, Subparagraph 3, Article 2 of the Refugee Act enacted in 2012 provides a definition for a “person granted a humanitarian stay permit,” and from 1994 to 2020, a total of 2,370 persons were granted humanitarian sojourn authorization. However, a survey conducted by the Commission in 2019 on the treatment of humanitarian sojourners found that humanitarian sojourners are in precarious legal statuses, are concerned about extending their sojourn as they are granted G -1 status even though long-term sojourn is most likely due to the nature of humanitarian sojourn, and as a result face substantial limitations in their day-to-day activities, including getting mobile phone services, taking up insurance, or getting a credit card. Humanitarian sojourners are also found to be challenged in getting a job, both procedurally and economically, and are fundamentally excluded from the opportunity to obtain citizenship as they are not qualified for permanent residency. A review of decisions and guidelines of the United Nations High Commissioner for Refugees and of the European Union, as well as various cases overseas, revealed that, though differences exist in the levels of protection given, countries grant humanitarian sojourners under subsidiary protection similar sojourn status and treatment to those granted to refugees. Thus, to address the realistic challenges facing humanitarian sojourners in Korea, the Commission concluded that legal amendment is necessary and that the relevant guidelines must be revised prior to such legal amendment. 44