The National Human Rights Commission noted on the 26th that it recommended the Ministry of Justice to push for amendments to the Refugee Act to allow foreign humanitarian residents to bring their families to Korea, but the ministry did not accept this.
A humanitarian resident is a foreigner whose status is granted residence due to the serious risk of life or personal freedom being severely violated upon returning to their home country, even if not recognized as a refugee under the Refugee Act. They can still receive a humanitarian residence permit even if they fail the refugee recognition assessment.
However, unlike refugees, humanitarian residents do not have permanent residency in Korea and do not receive social security benefits. They also face restrictions when seeking employment. While the Refugee Act allows recognized refugees to bring their spouses and minor children to Korea, humanitarian residents cannot do so.
Previously, four foreigners residing in Korea with humanitarian status filed a complaint with the Human Rights Commission, claiming that the Refugee Act's failure to recognize family reunification rights for humanitarian residents violates their human rights. They are active in refugee support organizations.
The Human Rights Commission dismissed this complaint, stating that amendments to the Refugee Act fall under the purview of the National Assembly and are not subject to the commission's investigation. However, it did recommend on Oct. 15 of last year that the Ministry of Justice consider amending the Refugee Act, noting that the circumstances where humanitarian residents must remain separated from their families necessitate review.
The commission said, "In the reality where the duration of domestic stay for humanitarian residents is prolonged, the lack of guarantee for family reunification rights raises concerns about human rights violations due to emotional and physical separation."
It added regarding family reunification rights, "This is a fundamental right guaranteed by domestic and international human rights norms such as the Constitution and the Universal Declaration of Human Rights," and stated, "It should be applicable regardless of nationality or residency status."
However, the Ministry of Justice responded that allowing overseas family invitations for humanitarian residents requires careful consideration, as it necessitates forming a national consensus, and they would not accept the recommendation made on Nov. 28 of last year.
The Human Rights Commission stated, "We plan to continue advocating for improvements in related systems and public discourse to ensure practical human rights protection for international protection subjects, including humanitarian residents."
According to the Ministry of Justice, as of the end of 2023, there are 1,439 individuals recognized as refugees in Korea and 2,613 who have received humanitarian residence permits. In 2023, out of 5,950 refugee applicants assessed, 101 individuals (1.7%) were recognized as refugees, and 129 individuals (2.2%) received humanitarian residence permits.
The nationalities of humanitarian residents include 1,263 from Syria, 794 from Yemen, 77 from Haiti, 55 from Myanmar, and 39 from Egypt. As of March 2021, the duration of stay for the majority of humanitarian residents, 723 individuals (34.4%), is between 1 year and less than 3 years. There are 91 individuals (4.3%) who have been here for less than 1 year, 527 individuals (25.1%) for 3 years and less than 5 years, 668 individuals (31.8%) for 5 years and less than 10 years, and 67 individuals (3.2%) for more than 10 years.