1. Reasons for Amendment
The Refugee Convention allows deportation of refugees on the grounds of “national security,” “public order,” etc. and revocation/withdrawal of refugee status for refugees who are not eligible for international protection. However, the Refugee Act, by which the Refugee Convention is implemented in the Republic of Korea, does not contain such provisions.
Accordingly, this Amendment upgrades the grounds for restriction on recognition of refugee status, such as “protection of national security, maintenance of order, and public welfare,” from the Enforcement Decree to the Act to match the Refugee Convention and specifies grounds for the revocation/withdrawal of refugee status, thereby promptly isolating from the public any person who poses a potential risk to national security, reducing public anxiety about refugees, and protecting the people from terrorism, drugs, and other dangers.
2. Major Provisions
A. Add “likely to harm national security, maintenance of order, or public welfare” to the grounds for decision of non-recognition of refugee status (subparagraph 5 of Article 19 newly inserted).
B. Prescribe grounds to revoke a decision to recognize refugee status if a recognized refugee is found to have met the criteria for a decision of non-recognition of refugee status pursuant to Article 19 (Article 22 (1) 2 newly inserted).
C. Prescribe grounds to withdraw a decision to recognize refugee status if a recognized refugee meets the criteria for a decision of non-recognition of refugee status pursuant to Article 19 (Article 22 (2) 7 newly inserted).