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Korea (South): Whether people who are perceived by the authorities as pro-communist, anti-government, or who have been branded with the "guilt-by-association" laws are able to obtain passports and travel abroad (1996-1998)

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 December 1998
Citation / Document Symbol KOR30573.E
Cite as Canada: Immigration and Refugee Board of Canada, Korea (South): Whether people who are perceived by the authorities as pro-communist, anti-government, or who have been branded with the "guilt-by-association" laws are able to obtain passports and travel abroad (1996-1998), 1 December 1998, KOR30573.E, available at: https://www.refworld.org/docid/3ae6aaba68.html [accessed 31 May 2023]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

 

The grounds for which the authorities can refuse to issue a passport can be found in the Passport Act of South Korea (Law No. 940) of  31 December 1961, which can be accessed on REFWORLD at Legal/National Legislation (REFLEG)/Korea (Rep. of).

Under the Social Surveillance Law, certain released prisoners are obliged, among other conditions, to report their activities regularly to the police and to report on all travel (AI May 1998, 3-4). Former prisoners who may be subject to this law include those who refused to renounce communism or did not admit their crimes (ibid.). The May 1998 Amnesty International publication entitled Republic of Korea (South Korea): On Trial for Defending his Rights: The Case of Human Rights Activist Suh Jun-sik discusses the case of Suh Jun-sik who ignored reporting to the police and omitted reporting on several trips abroad (ibid.). He has been charged with violating the Social Surveillance Law (ibid., 3).

No information on the "guilt-by-association" laws could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International (AI). May 1998. Republic of Korea (South Korea): On Trial for Defending his Rights: The Case of Human Rights Activist Suh Jun-sik. (AI Index: ASA 25/18/98). London: Amnesty International.

Additional Sources Consulted

Amnesty International press releases. 1998. (WWW)

Amnesty International Report 1997. 1997.

Asian Survey [Berkeley, Calif.]. Monthly. January 1997, January 1998.

News from Asia Watch [NY]. Monthly. 1995-present.

Country Reports on Human Rights Practices for 1997. 30 January 1998.

The Europa World Year Book 1998. 1998.

Human Rights Watch World Report. Yearly. 1996, 1997.

LCHR. 1997. Critique 1996.

     Resource Centre. "Korea" country file. June 1995-present.

_____. "Korea: Amnesty International" country file. January 1997-present.

USCR. 1998. World Refugee Survey 1998.

     Electronic sources: CISNET, Internet, IRB Databases, NEXIS, REFWORLD.

Non-documentary sources:

Unsuccessful attempts to contact the Embassy of the Republic of Korea, Ottawa.

Unsuccessful attempts to contact five oral sources.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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