Initiation of the procedure
Considering the vulnerability of stateless persons, it is necessary to initiate SDP not only upon the
request of stateless persons but also ex officio. Nevertheless, the procedure requires the consent of
the concerned persons, as their wish must be respected. Requirements of legal stay or time limits to
applications violate the 1954 Convention; therefore, no additional conditions or restrictions other
than presence in RoK are required. A status shall be granted to the person until the procedure is
completed in order to ensure fair and effective SDP. In relation to refugee status determination
(hereafter "RSD") procedures, this research proposes the prioritization of RSD in order to ensure that
the prohibition on the sharing of applicant’s information with the home country contained in the
Refugee Act is respected and SDP proceeds upon the completion of procedures related to RSD.
Determination
It is recommended that personal interviews be mandatory and recorded in the form of interview
transcripts. To ensure the accuracy of the interview transcript, verification of the transcript at the end
of the interview, as well as audio and video recording of the interview is necessary. In principle, the
procedure shall be limited to 6 months, but can be extended by another 6 months in unavoidable
cases. Throughout the procedure, including the interview, interpretation shall be provided so that any
supporting information could be accurately provided. The applicant can be assisted by legal counsel
through legal representation, accompanying the applicant's interview, or submitting opinions or
supporting materials. The burden of proof shall be shared between the applicant and the
administrative agency, and the administrative agency has an obligation to actively collect and utilize
information in favour of the applicant. In consideration of the particularity and difficulty of proving
statelessness, a presumptive provision was included. For the protection of minors, a guardian must be
present when interviewing them.
Decision
The decision on SDP shall be notified in writing, and in case of non-recognition, the reasons for nonrecognition shall be included. If the applicant cannot understand Korean, the decision shall be
translated into a language the applicant can understand. Administrative and judicial appeal
procedures shall be guaranteed for non-recognition decisions.