NHRCK Calls for Improved Status and Treatment of Humanitarian Status Holders
On July 15 2021, the National Human Rights Commission of Korea(NHRCK) made recommendations to the Minister of Justice in order to strengthen the protection of human rights of humanitarian status holders in Korea.
The NHRCK called for revision of related laws, including the Refugee Act, to treat humanitarian status holders and adjust their status in line with the principles of complementary protection of international laws.
It further called upon the Ministry of Justice to amend related guidelines to allow humanitarian status holders to stay for a reasonable period of time, ease requirements for work permit issuance and simplify employment procedures with a view to enhancing the status of those staying for humanitarian reasons.
The Minister of Justice provided the following responses to the NHRCK's recommendations on November 11 2022 and January 10 2023.
Instead of extending humanitarian visas on a case-by-case basis, the Ministry of Justice has adopted measures such as: 1) permitting humanitarian status holders to stay for an additional one year, the maximum duration allowed, unless there are compelling, legitimate grounds to decide otherwise; 2) explaining the reasons to the applicants when their stay is extended for less than one year; and 3) distributing revised guidelines on residence and employment of humanitarian status holders. The Ministry also notes in its responses that it has approved a plan to introduce a new humanitarian status which authorizes holders to work for a period of up to two years and is also positively considering other measures.
The Standing Committee of the NHRCK welcomes the Ministry of Justice's efforts to fix the poor practices of the past and create a new humanitarian status to improve the treatment of those staying on humanitarian grounds and calls for prompt implementation of such measures. However, it remains concerned that the Ministry‘s submissions lack a proposal to revise the Refugee Act and related laws to ensure compliance with the principles of complementary protection of international norms.
The NHRCK urges the government to introduce amendments to related laws in order to improve the status and treatment of those who are permitted to stay for their protection needs in accordance with international standards.
