The NHRCK recommended the Ministry of Justice amend the Proposed Enforcement Decree of the Refugee Act to better protect and promote the human rights of refugees and to better comply with international norms and standards including the Convention Relating to the Status of Refugees.
The NHRCK sees the need for finding grounds to allow refugee applicants at entry and exit ports (hereinafter ports) to receive external aid such as from lawyers and the UNHCR.
The following are more specific views of the NHRCK on the Proposed Enforcement Decree of the Refugee Act:
? The proposed enforcement decree should state that interviews and inspection of refugee status applicants at ports should be carried out by professional inspectors equipped with expertise and experiences in the area.
? Also, qualifications for the professional inspectors should be more specified in the enforcement decree, given that determination of refugee status requires high levels of expertise and highly depends on them.
? Though the Refugee Act states that the request of refugee applicants for recording or videotaping his or her interview cannot be denied, the proposed decree has no such clause or provision. Therefore, applicants must be notified of such right in writing.
? Currently the Minister of Justice is allowed to omit some inspection procedures if refugee applicants submit false information. However, the proposed enforcement decree does not clearly indicate which procedures can be omitted and how, which must be further clarified and specified.
? As for the treatment to those who stay in Korea on humanitarian grounds, the only treatment toward them stipulated in the Refugee Act and the proposed enforcement decree are their right to work and right to use refugee support centers. Therefore, there must be a new provision in the decree that states people who have a permit to stay in
