Applicants who pose 'national security threat' to be denied refugee status

Justice Minister Han Dong-hoon responds to questions from lawmakers during a meeting at the National Assembly in Seoul on Dec. 7. [NEWS1]

An amendment to the Refugee Act will bar anyone considered a “threat to national security” from becoming a refugee in Korea starting next year, according to the Justice Ministry.

The ministry announced this week that it will enact an amendment to the Refugee Act by Jan. 3 that stipulates that an asylum-seeker in Korea will not granted refugee status if their previous activities outside of Korea or their actions since their stay in Korea deem them a threat to national security.

The ministry said the amendment will stop “possible terrorists” from gaining refugee status in Korea.

“The current Refugee Act does not provide grounds for rejecting applicants who have ties with terrorist organizations unless the government can procure international records proving those ties,” the ministry said in its statement, adding that the amendment will resolve such situations.

The amendment also stipulates that refugee status may be revoked if the refugee is found to have committed acts deemed a threat to national security. The current law contains no measures on revoking a refugee’s status after authorities find new evidence of activities tied to terrorism.

“There was no legal basis to prevent terrorists, or people suspected of committing acts of terrorism, from being recognized as refugees,” Justice Minister Han Dong-hoon said in a statement on Tuesday. “With this amendment, we will be able to make the safety of the people and the country the top priority in the asylum process.”

Although the minister stressed that the amendment is “in keeping with global standards,” citing Article 32 of the UN Convention and Protocol relating to the Status of Refugees, several rights groups and activists disagree.

“In the convention, there is a provision that gives member states the right to not grant refugee status to people who have committed certain crimes even if their circumstances fall under the definition of a refugee,” Kim Yeon-ju, an attorney with Nancen Refugee Rights Center, said in a recent radio interview with MBC.

But this same provision, Kim said, is also meant to protect asylum-seekers by ensuring that states do not abuse the asylum-granting rights according to their needs.

“By refusing to grant asylum to those suspected of committing acts of terror, the Korean government is creating a law they can apply arbitrarily,” she said, citing examples of non-democratic countries using such gray areas to prosecute opposition politicians as “anti-state or terrorist” individuals.

The amendment is to go into effect on Jan. 3 unless the ministry meets with strong opposition from the public, said the ministry.

Korea already has one of the world's lowest refugee acceptance rates.

According to Nancen, of the 71,042 people who filed for asylum in Korea between 1994 and 2020, only 1,091 were granted refugee status, or 1.5 percent.

In 2020, Korea granted refugee status to just 0.4 percent of applicants, a microscopically minuscule rate compared to the European Union's rate of 32 percent that year.

Justice Minister Han has, in recent months, been vocal about wanting to attract skilled immigrants and international students to come, work and study in Korea to support its dwindling labor force, influenced by the lowest birthrate in the world and rapidly aging society.

But he has also been vocal about pursuing national interests regarding immigration.

“The purpose is not humanitarianism or introducing various cultures, but for the practical benefit of the people of Korea,” Han was quoted as saying during his meeting with People Power Party lawmakers on Dec. 6, where he discussed the creation of a new immigration agency to be affiliated with the Justice Ministry.

Responsibility for implementing policies tied to immigration is currently divided across different ministries.

The immigration agency will consist of four new bureaus tasked with executing immigration policy, running criminal background checks on new arrivals, verifying the visa status of foreign residents, and fostering the integration of immigrants into Korean society, according to the ministry.

BY ESTHER CHUNG [chung.juhee@joongang.co.kr]