Ruling that an immigration office head's refusal to disclose refugee interview video was unlawful

Who this helps

Useful for readers curious about how a court assessed a refused request for refugee interview video. The video concerned an applicant who had objected to a decision denying refugee status.

Case overview

Court

Seoul Administrative Court

Posted on original board

Jan 22, 2024 (Mon)

Topic

Information Disclosure

Original title (Korean)

[일반] 난민면접영상에 대한 지방출입국ㆍ외국인청장의 정보공개거부처분이 위법하다고 판단한 사례

A non-profit organization established to protect refugees asked for a video file recording an asylum applicant's refugee interview to be sent over an information network for disclosure. The agency that made the decision refused. Its reasons included that the video contains personal information such as the interpreter's voice, and that viewing the video was allowed, so the purpose of the request could be achieved. It did not allow the file to be copied.

Is it unlawful to refuse a request to disclose refugee interview video?

A nonprofit aimed at protecting refugees asked for a refugee interview video file to be sent over an information network. The office refused, saying the video contained personal information such as the interpreter's voice, and that allowing viewing could serve the request's purpose. It did not allow copying the file. The court found the refusal unlawful.

How the court ruled

The court held that the interpreter's voice was a direct interpretation of what the applicant said, and that the interpreter worked in the public sphere of refugee status review. It therefore found it hard to see a risk of infringing the secrecy or freedom of private life. It also said that asylum applicants are linguistically and psychologically vulnerable, so having previously viewed the video does not mean the purpose of the request was achieved. Finding that disclosure was necessary for the relief of the rights of an applicant who objected to a refugee non-recognition decision, or for the public interest, it ruled the refusal unlawful.

What to check in a similar situation

Procedures for information disclosure requests and refusals concerning refugee interview video can be confirmed with immigration and foreigner offices or the courts.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Refusal to disclose information

A decision by a public body not to release requested information. Here, the court found that decision unlawful.

Refugee interview

A step in refugee status review where the applicant's account is heard. Here, a recording of that step was at issue.

Objection

A request to review a decision denying refugee status again. The applicant in the video had filed one.

More rulings on this topic

• Ruling Cancels Refusal to Disclose Two Manuals on Detention of Foreign Nationals and Custody of Immigration Offenders · Seoul Administrative Court
• Ruling that a foreign national whose period of stay has expired may also request information disclosure · Seoul Administrative Court

See all 3 rulings on Information Disclosure →

Frequently asked questions

Who requested the disclosure?

A nonprofit established to protect refugees requested the refugee interview video file.

How did the court view the interpreter's voice?

The interpreter rendered the applicant's words as spoken and worked in the public setting of refugee review. So the court saw little risk of harming privacy.

Does this result apply directly to similar cases?

This is the judgment in that case and does not apply directly to other cases.