Ruling on Whether Foreigners Have a Right to Apply for Humanitarian Stay Permission

Who this helps

This may help people curious about whether a foreigner staying in Korea can demand humanitarian stay permission from the government. It concerns the question of a right to apply, not the merits of any one person's situation.

Case overview

Case number

2020구합5083

Court

Jeju District Court

Posted on original board

Jun 28, 2021 (Mon)

Topic

Refugees

Original title (Korean)

외국인이 대한민국 정부에 대하여 인도적체류허가를 신청할 권리가 있는지 여부(제주지방법원 2020구합5083)

The case concerned whether, in interpreting the Refugee Act, the Refugee Convention, the Convention against Torture and other international instruments, a foreigner staying in the Republic of Korea has a statutory or reasonable-principle (jori) right to request humanitarian stay permission from the government.

Do foreigners in Korea have a right to apply for humanitarian stay permission?

The case asked whether a foreigner staying in Korea can demand humanitarian stay permission from the government as a legal right. The question was examined through the Refugee Act, the Refugee Convention and the Convention against Torture. The court found no such right of application in the Constitution, in treaties, or in international law. It also found that the Refugee Act and related laws contain no separate provision on applying for this permission, apart from the right to apply for refugee status.

How the court ruled

The court held that such a right to apply cannot be recognized even when interpreting the Constitution, treaties concluded and promulgated under the Constitution, and international law. It found that the Refugee Act and other related laws contain no separate provision on a right to apply for humanitarian stay permission, apart from the right to apply for refugee status. It also found it difficult to recognize such a right through reasonable principle (jori) rather than statute, and therefore did not accept the plaintiffs' claim that they have the right to apply.

What to check in a similar situation

Information on how humanitarian stay and refugee applications are handled can be checked with immigration and foreign nationals offices. The text of the ruling and its case record can be checked with the court.

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• Contacts: Immigration Contact Center 1345

Terms explained

Humanitarian stay permission

A permission to stay in Korea granted for humanitarian reasons. This case asked whether a foreigner can apply for it as a right.

Right to apply

A legal standing to demand that an authority review a request and respond. The court found no such right for this permission.

Principle of reason (jori)

An unwritten general principle of legal reasoning. The plaintiffs relied on it in part, and the court found it could not support the right either.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who brought this case and what did they argue?

The plaintiffs argued that they had a right to apply to the government for humanitarian stay permission. The court did not accept this argument.

How did the court decide?

The court found that neither the Constitution, treaties, international law, the Refugee Act and related laws, nor the principle of reason supports a right to apply for humanitarian stay permission.

Does this result apply to every similar case?

No. It is the court's decision in this case and does not apply as is to other cases.