South Korea

What is the refugee application process?

6 months
Decision deadline
30 days
Appeal deadline
Article 4
Refugee definition
Article 12
Application procedure
The Short Answer

In South Korea, a refugee application is submitted to the Ministry of Justice, followed by an interview and decision within 6 months; applicants may appeal a denial within 30 days.

What the Law Says

South Korea’s Refugee Act establishes the legal framework for recognizing refugees and processing applications. It defines who qualifies as a refugee, outlines how to apply, and guarantees procedural rights including appeal.

Under the Refugee Act, a refugee is a person outside their country of nationality or habitual residence who has a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion — and cannot or does not want to avail themselves of that country’s protection.

An application must be submitted in writing to the Minister of Justice. The Ministry conducts an interview and investigation, and must issue a decision within 6 months of receipt — unless exceptional circumstances apply.

If the application is denied, the applicant may file an appeal with the Minister of Justice within 30 days. The Minister must decide on the appeal within 30 days of receipt.

Statutory Text

A 'refugee' means a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.

Refugee Act, Art. 4 — Definition of Refugee
Statutory Text

Any foreigner who intends to apply for recognition as a refugee shall submit an application in writing to the Minister of Justice.

Refugee Act, Art. 12 — Application Procedure
Statutory Text

The Minister of Justice shall make a decision on the application for recognition as a refugee within six months from the date on which the application is received.

Refugee Act, Art. 12 — Application Procedure
Statutory Text

Where the Minister of Justice has made a decision not to recognize a foreigner as a refugee, the foreigner may file an appeal against such decision within thirty days from the date on which he/she receives notice of the decision.

Refugee Act, Art. 17 — Appeal

What to Do

1

Submit a written refugee application to the Ministry of Justice (no fee required).

2

Attend the mandatory interview and provide supporting evidence (e.g., identity documents, persecution evidence).

3

Wait for the decision — issued within 6 months unless extended for just cause.

4

If denied, file a written appeal within 30 days of receiving the notice.

5

If the appeal is denied, consider applying for humanitarian stay or consult a legal aid provider.

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.