The Korean G-1 Visa (Miscellaneous/Refugee): A Practical Guide
The Big Picture
1. Legal Basis and Basic Character of G-1 Status
A. Legal basis
G-1 residence status is grounded in Article 10 of the Immigration Act, Article 12 of its Enforcement Decree, and [Attached Table 1-2]. Item 30 of [Attached Table 1-2] defines miscellaneous (G-1) status as “a person who does not fall within any of the residence statuses from Diplomat (A-1) through Working Visit (H-2) in Attached Table 1 or this Table, or in Attached Table 1-3, and whom the Minister of Justice recognizes.”
B. Basic character — a supplementary, temporary residence status
The courts have consistently characterized the nature of G-1 status as follows:
G-1 residence status is conferred on a person who does not fall within short-term residence status, another long-term residence status, or permanent residence status, and whom the Minister of Justice recognizes. Where a foreigner, after entering the country, demonstrates a need to stay in Korea owing to an industrial accident, illness, litigation, an application for refugee recognition, and the like, the status may be granted on humanitarian grounds as a supplementary, temporary residence status — but it is not a status that is conferred as a matter of course merely because it is applied for. (Incheon District Court, Jan. 17, 2025, 2024gudan3279; Incheon District Court, Mar. 15, 2024, 2023gudan3821; Suwon District Court, June 3, 2024, 2023gudan4456; and many others)
Thus, G-1 is a last-resort residence status granted exceptionally, on humanitarian grounds, only where the case cannot be subsumed under another residence status. Accordingly, where another suitable residence status exists, the grant of G-1 may be refused.
C. The broad discretion of immigration administration
The courts recognize broad policy discretion in immigration administration:
Immigration administration is an administrative function that seeks to promote the interests and security of the nation by appropriately controlling and adjusting the entry and departure of nationals and foreigners and the stay of foreigners. Matters concerning the entry and departure of foreigners, in particular, are essential to the performance of functions as a sovereign state, and broad policy discretion is recognized. (Incheon District Court, Nov. 24, 2023, 2023gudan2583)
2. Sub-types of G-1 Status
Under the Ministry of Justice’s internal “Guidelines on Residence Management for Miscellaneous (G-1) Status,” G-1 is subdivided as follows.
| Sub-type code | Covered persons |
|---|---|
| G-1-1 | A person claiming for, or undergoing treatment for, an industrial accident, and that person’s family |
| G-1-2 | A person undergoing treatment for an illness or accident, and that person’s family |
| G-1-3 | A person engaged in various forms of litigation |
| G-1-4 | A person whose unpaid-wages matter is being processed |
| G-1-5 | An applicant for refugee recognition |
| G-1-6 | A person granted humanitarian-stay permission |
| G-1-10 | Medical treatment / recuperation purpose |
| G-1-12 | (Other sub-type) |
| G-1-99 | Other grounds (a person whose stay in Korea for a certain period is unavoidable owing to the national interest, humanitarian grounds, etc., and whose stay the Minister of Justice has permitted) |
(See Gwangju District Court, May 19, 2022, 2021guhap838; Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729.)
3. Specific Requirements and Documents by Sub-type
A. G-1-1: Industrial-accident claim and treatment, and the person’s family
1) Requirements. Under the Ministry of Justice residence-management guidelines, the covered persons are: a person who has filed an industrial-accident compensation review claim or a re-examination claim; a person hospitalized for treatment due to an industrial accident; a person who, after treatment, has obtained recuperation approval from the Korea Workers’ Compensation and Welfare Service and is recuperating, as well as a person undergoing treatment for after-effects; and the family (spouse and lineal relatives) of the industrial-accident victim (see Seoul Administrative Court, Apr. 22, 2022, 2021gudan64439).
The screening criteria for permission to extend the period of stay cover (i) a person in the course of recuperation/compensation procedures and (ii) a person undergoing treatment for after-effects (see Suwon District Court, Feb. 12, 2025, 2024gudan2211; Gwangju District Court, June 20, 2024, 2023guhap15759).
Note: Even where a person suffers an industrial accident while staying unlawfully, the grant of G-1-1 is possible; however, the defendant (the immigration office) judges the matter as a matter of discretion, taking the fact of unlawful stay into account (see Suwon District Court, Feb. 12, 2025, 2024gudan2211).
Important limitation: Even where a person has received a decision on the prevention and management of complications, etc. under the Industrial Accident Compensation Insurance Act, the defendant is not necessarily obliged to grant an extension of the period of stay under the Immigration Act accordingly (Uijeongbu District Court, Nov. 15, 2021, 2021gudan874).
2) Documents to prepare (those generally required in practice):
- Industrial-accident insurance card or recuperation approval (issued by the Korea Workers’ Compensation and Welfare Service).
- Copy of the industrial-accident compensation review claim.
- Medical certificate or opinion.
- Confirmation of hospitalization (if hospitalized).
- Passport and alien registration card.
- If accompanied by family: documents proving the family relationship.
B. G-1-2: Treatment for illness or accident, and the person’s family
1) Requirements. There must be an unavoidable ground requiring long-term treatment in Korea — not merely outpatient treatment or medication. The court has held that simple medication and outpatient treatment for depression alone do not satisfy the requirements for the grant of G-1-2 (Seoul Administrative Court, July 5, 2022, 2022gudan4878). There is also a case in which a G-1 application on the ground of infertility treatment was refused (Incheon District Court, Mar. 15, 2024, 2023gudan3821).
2) Documents to prepare:
- Medical certificate (specifying the need for long-term treatment in Korea).
- Treatment plan or physician’s opinion.
- Confirmation of hospitalization (where applicable).
- Passport and alien registration card.
C. G-1-3: A person engaged in various forms of litigation
1) Requirements. Litigation must actually be ongoing in Korea, and where the litigation is used as a device for staying in Korea, the application may be refused.
The court held lawful a G-1 refusal against a person who, although able to apply for a marriage-migrant (F-6) visa after filing a marriage report, avoided doing so and used litigation as a device for staying in Korea. (Jeonju District Court, Feb. 9, 2023, 2022guhap2760)
There is also a case in which a G-1 application on the ground of a retrial petition concerning a divorce suit was refused (Seoul Administrative Court, Oct. 31, 2016, 2016gudan12243).
2) Documents to prepare:
- Certificate of filing of the complaint, or confirmation of the case number.
- Court documents proving that the litigation is ongoing (notice of hearing date, etc.).
- Passport and alien registration card.
D. G-1-4: A person whose unpaid-wages matter is being processed
1) Requirements. The unpaid-wages matter must actually be ongoing; where the unpaid-wages matter has been fully resolved, an extension is refused (see Suwon District Court, June 3, 2024, 2023gudan4456).
2) Documents to prepare:
- Receipt for a petition filed with the Ministry of Employment and Labor, or a confirmation of unpaid wages.
- Related litigation documents (where applicable).
- Passport and alien registration card.
E. G-1-5: An applicant for refugee recognition
1) Requirements and key legal principles. The mere fact of having applied for refugee recognition does not result in G-1-5 being granted as a matter of course. The courts have consistently confirmed this:
It cannot be concluded that miscellaneous (G-1) residence status must be granted as a matter of course merely because an application for refugee recognition was filed. (Ulsan District Court, July 8, 2021, 2020guhap743; Gwangju District Court, June 10, 2021, 2020guhap14137; Incheon District Court, Jan. 17, 2025, 2024gudan3279; and many others)
In particular, the likelihood of refusal is high in the following situations: where, without any particular ground for the refugee application, the person abuses the refugee system for the purpose of extending the period of stay or for economic gain; where the purpose of entry was, from the outset, unlawful stay or employment (see Incheon District Court, Dec. 19, 2023, 2023gudan51967); and where the person applies to extend the G-1 period of stay after a decision denying refugee recognition (see Incheon District Court, Oct. 18, 2024, 2024gudan2115).
2) Documents to prepare:
- Receipt for the refugee recognition application.
- Materials supporting the grounds for the refugee application (evidence of persecution, relevant articles, etc.).
- Passport and alien registration card.
F. G-1-6: A person granted humanitarian-stay permission
This is granted to a person who has received humanitarian-stay permission under Article 2, subparagraph 3 of the Refugee Act. A person granted humanitarian-stay permission may continue to receive extensions of the period of stay unless the humanitarian ground for which the stay in Korea was permitted has ceased to exist (see Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729).
4. The Legal Character of Permission to Change Residence Status, and the Screening Criteria
A. Character as a status-conferring disposition
Permission to change residence status has the character of a status-conferring disposition — a type of disposition that grants the applicant the authority to engage in activities corresponding to a residence status different from the original (Jeonju District Court, Feb. 9, 2023, 2022guhap2760). Accordingly, the applicant is not recognized as having an as-of-right entitlement to the permission.
B. Screening criteria
The defendant (the head of the immigration office, etc.) may decide whether to grant permission, taking into account the applicant’s eligibility, the purpose of stay, the effect on the public interest, and the like, in accordance with the purpose of the Immigration Act (Uijeongbu District Court, Nov. 15, 2021, 2021gudan874; Suwon District Court, June 3, 2024, 2023gudan4456).
C. The Ministry of Justice guidelines as a discretionary rule
The Ministry of Justice’s “Guidelines on Residence Management for G-1 Status” are an internal administrative rule of practice (a discretionary rule) established as a criterion for the exercise of discretion. They have no external binding force, but in practice they serve as the screening criterion (Gwangju District Court, May 19, 2022, 2021guhap838).
5. Changing from C-3 (Short-term Visit) to G-1
A. The restriction in principle
Under Article 9(1) of the Enforcement Rules of the Immigration Act, where a visa with a period of stay of 90 days or less is issued to a person falling within short-term visit (C-3) status, the applicant must be informed that a change of residence status will not be permitted after entry (Seoul High Court, Feb. 15, 2017, 2016nu74530). The cautions section of the visa application form likewise states that, under Article 9(1) of the Enforcement Rules of the Immigration Act, a holder of a C-series visa cannot change residence status after entry (Daegu District Court, May 29, 2020, 2019gudan11533).
B. Practical points
Where a person enters on a C-3 visa and then attempts to change to G-1, the courts refuse this in principle. Even if there are cases in which a change was permitted for another person, that alone does not establish a legitimate expectation that the applicant’s change of residence status must be permitted (Seoul High Court, Feb. 15, 2017, 2016nu74530).
6. Points to Note After Acquiring G-1
A. Ceiling on the period of stay
The former Article 18-3 [Attached Table 1] of the Enforcement Rules of the Immigration Act sets one year as the ceiling on the period of stay for G-1 (Seoul Administrative Court, Dec. 15, 2021, 2021gudan6464).
B. Limits on extending the period of stay
Because G-1 is a temporary, supplementary residence status, the period of stay cannot be extended continuously (Suwon District Court, Feb. 12, 2025, 2024gudan2211; Incheon District Court, Oct. 18, 2024, 2024gudan2115). Once the ground for stay ceases to exist, an extension is refused.
C. Restrictions on changing to another residence status
A change by a G-1 holder to another residence status is, in principle, restricted.
- Change to Corporate Investment (D-8): in principle refused for a G-1 holder, but exceptionally permitted where the investment is a large sum of at least KRW 300 million, or there is a corresponding investment record and the genuineness of the investment is recognized (Suwon District Court, June 25, 2021, 2020gudan4127).
- Change to General Training (D-4): there is no automatic change from G-1 to D-4; the relevant immigration regulations must be followed (Incheon District Court, Nov. 24, 2023, 2023gudan2583).
- Change to foreign student below high-school level (D-4-3): a change is restricted for a G-1 holder (Suwon District Court, Apr. 7, 2022, 2021guhap70722).
D. Restriction on employment activity
G-1 status in principle prohibits employment activity. However, in the case of G-1-6 (a humanitarian-stay holder), employment activity is possible through permission to engage in activity outside the residence status (Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729).
E. Possibility of relief upon refusal
A G-1 refusal may be contested through an administrative appeal and an administrative suit. That said, even if a G-1 refusal is revoked, this does not mean that entry into the Republic of Korea or visa issuance is entirely barred; so the method of departing and re-entering on a lawful visa may also be considered (Seoul Administrative Court, July 5, 2022, 2022gudan4878; Incheon District Court, Mar. 15, 2024, 2023gudan3821).
7. Summary of Key Refusal Cases
| Matter | Outcome | Basis |
|---|---|---|
| G-1 application on the ground of a refugee application alone | Refusal lawful | Not granted as a matter of course (Incheon District Court, Jan. 17, 2025, 2024gudan3279) |
| G-1 extension application after denial of refugee recognition | Refusal lawful | Need for stay ceased to exist (Incheon District Court, Oct. 18, 2024, 2024gudan2115) |
| G-1 application for infertility treatment | Refusal lawful | Unavoidability of long-term treatment not recognized (Incheon District Court, Mar. 15, 2024, 2023gudan3821) |
| G-1 application for outpatient depression treatment | Refusal lawful | Need for long-term treatment not recognized (Seoul Administrative Court, July 5, 2022, 2022gudan4878) |
| Using litigation as a device for stay | Refusal lawful | Lack of genuineness of the purpose of stay (Jeonju District Court, Feb. 9, 2023, 2022guhap2760) |
| G-1 application on the ground of a divorce-suit retrial petition | Refusal lawful | Requirements not met (Seoul Administrative Court, Oct. 31, 2016, 2016gudan12243) |
| Extension application on the basis of an industrial-accident complication-prevention decision alone | Refusal lawful | No obligation to extend under the Immigration Act (Uijeongbu District Court, Nov. 15, 2021, 2021gudan874) |
| Extension application on the ground of illness after the unpaid-wages matter was resolved | Refusal lawful | Unavoidability of long-term treatment in Korea not recognized (Suwon District Court, June 3, 2024, 2023gudan4456) |
| G-1 change application after C-3 entry | Refusal lawful | Restriction on changing a C-series visa (Daegu District Court, May 29, 2020, 2019gudan11533) |
| D-8 change application by a G-1 holder (KRW 100 million investment) | Refusal lawful | Investment below KRW 300 million (Suwon District Court, June 25, 2021, 2020gudan4127) |
8. Criminal Sanctions Relating to Acquiring G-1 Through a False Refugee Application
Brokering or soliciting a false refugee application, or applying for a change to G-1 status by improper means such as submitting an application form containing false facts, is subject to criminal punishment as a violation of the Immigration Act (see Suwon District Court, May 12, 2022, 2021godan7107; Suwon District Court, May 26, 2022, 2021godan6709; Seoul Central District Court, Dec. 21, 2022, 2022no2048).
9. A Key Practitioner’s Checklist
Before applying for G-1, please be sure to confirm the following.
- First review whether another residence status applies. Because G-1 is a supplementary status, first confirm whether an application is possible under another residence status (F-6, D-2, E-9, etc.).
- Confirm the type of entry visa. Where the person entered on a C-3 visa, a change is in principle not possible.
- Specifically demonstrate the ground for stay. Objective supporting documents — not mere assertion — are essential.
- Confirm the continuity of the ground for stay. Because an extension is refused once the ground ceases to exist, continuously monitor whether the ground persists.
- Be aware of the restriction on employment activity. G-1 in principle does not permit employment (except G-1-6).
- Plan for a change to another residence status. Because G-1 is a temporary status, if there is a plan for long-term stay, review in advance a means of transitioning to a suitable residence status.
Note: The foregoing has been organized on the basis of the precedents and statutes provided. The detailed contents of the G-1 residence-management guidelines (the specific list of documents to prepare, the detailed items of the screening criteria, etc.) are a Ministry of Justice internal rule whose full text is not included in the reference materials, so when actually applying, please confirm the latest guidelines directly with the competent immigration office.
G-1-5: Maintaining Residence Status After a Denial of Refugee Recognition, and the Possibility of Switching to G-1-6
1. Whether G-1-5 Status Is Maintained After a Decision Denying Refugee Recognition
A. Key legal principle: the definition of a refugee applicant and the permissible period of stay
Article 2, subparagraph 4 of the Refugee Act defines a “person who has applied for refugee recognition” (a refugee applicant) as follows:
A foreigner who has applied for refugee recognition in the Republic of Korea and who falls within any of the following:
(a) a person whose examination of an application for refugee recognition is ongoing;
(b) a person who has received a decision denying refugee recognition, or a decision dismissing an objection to a decision denying refugee recognition, and for whom the period for filing an objection, or the period for filing an administrative appeal or administrative suit, has not yet elapsed;
(c) a person for whom an administrative appeal or administrative suit against a decision denying refugee recognition is ongoing. (Refugee Act, Article 2, subparagraph 4)
In addition, Article 5(6) of the Refugee Act provides that a refugee applicant may stay in the Republic of Korea until the decision on whether to recognize refugee status becomes final (or, where an administrative appeal or administrative suit against a decision denying refugee recognition is ongoing, until that procedure concludes).
B. Conclusion: status does not cease immediately
The issuance of a decision denying refugee recognition does not cause G-1-5 status to cease immediately. Under item (b) of the provision above, even after receiving a decision denying refugee recognition, a person retains the status of a “refugee applicant” while (i) the period for filing an objection remains, (ii) the person has received a dismissal of the objection and the period for filing an administrative suit remains, or (iii) an administrative suit is ongoing — so an extension of the period of stay under G-1-5 status is possible. The courts have confirmed this clearly:
After the decision on whether to recognize a refugee applicant’s refugee status becomes final, or after the administrative suit against a decision denying refugee recognition concludes, the Immigration Act applies as to the period of stay. (Uijeongbu District Court, Feb. 12, 2025, 2024gudan578; Uijeongbu District Court, Feb. 12, 2025, 2024gudan431; and others)
C. Whether G-1-5 Is Maintained, by Stage
| Stage | Refugee-applicant status? | G-1-5 extension possible? |
|---|---|---|
| Examination for refugee recognition ongoing | ○ (Art. 2, subpara. 4(a)) | Possible |
| After denial, within the period for filing an objection | ○ (Art. 2, subpara. 4(b)) | Possible |
| After dismissal of the objection, within the period for filing an administrative suit | ○ (Art. 2, subpara. 4(b)) | Possible |
| Administrative suit against the denial ongoing | ○ (Art. 2, subpara. 4(c)) | Possible |
| After loss of the administrative suit becomes final | ✗ | Not possible |
| After the objection/suit filing periods have elapsed | ✗ | Not possible |
In cases where a person applied to extend G-1-5 after a loss in the administrative suit became final, the courts have consistently held the refusal lawful (Suwon District Court, Feb. 21, 2020, 2019gudan8833; Incheon District Court, Oct. 21, 2022, 2022gudan2791; Uijeongbu District Court, Dec. 18, 2024, 2024gudan5962; Uijeongbu District Court, Dec. 18, 2024, 2024gudan5870; Incheon District Court, Feb. 11, 2025, 2024gudan3392; and many others).
D. Practical point: where the period of stay expires during the appeal period
Even where the period of stay expires while the period for filing an appeal has not yet elapsed, the refugee-applicant status is still maintained, so an extension of the period of stay is possible. The court confirmed this clearly:
At the time, the plaintiff was in a state where the appeal period had not elapsed following the first-instance judgment in the refugee case; therefore, notwithstanding that first-instance judgment, the plaintiff still falls within “a person for whom an administrative suit against a decision denying refugee recognition is ongoing” — that is, a refugee applicant. (Daejeon District Court, Nov. 9, 2023, 2023gudan486 — plaintiff prevailed)
The Ministry of Justice’s “Guidelines on Refugee Affairs” likewise set out, as the persons eligible for an extension of the period of stay for a refugee applicant (G-1-5), the same criteria as the Refugee Act provision above (see Suwon District Court, June 26, 2024, 2023gudan6070; Seoul Administrative Court, May 23, 2024, 2024gudan1415).
E. The scope of the extension of the period of stay
An extension of the G-1-5 period of stay may be granted within a range of six months each time. Specifically, an extension is granted where (i) refugee recognition has not been decided within the granted period of stay, (ii) the period of stay expires during the objection-preparation period or before a decision on the objection, or (iii) the period of stay expires during the administrative-suit preparation period or before the administrative-suit procedure ends.
2. The Possibility of Switching to G-1-6 (Humanitarian Stay) After a Denial of Refugee Recognition
A. Legal basis for humanitarian-stay permission
Article 2, subparagraph 3 of the Refugee Act defines a humanitarian-stay holder as a foreigner who, although not falling within subparagraph 1 (a refugee), is a person for whom there are reasonable grounds to recognize that his or her life or physical freedom, etc. may be significantly infringed owing to inhumane treatment or punishment such as torture, or other circumstances, and who has received permission to stay from the Minister of Justice as prescribed by Presidential Decree.
B. The timing of humanitarian-stay permission
Article 2(1) of the Enforcement Decree of the Refugee Act provides that the Minister of Justice may grant humanitarian-stay permission in the following cases:
1. where a decision is made under Article 18(2) of the Act that the person does not fall within the definition of a refugee;
2. where a dismissal decision under Article 11(1), subparagraph 2 of the Decree is made on an objection under Article 21(1) of the Act. (Enforcement Decree of the Refugee Act, Article 2(1))
That is, humanitarian-stay permission is made — ex officio or on application — either (i) at the time of a decision denying refugee recognition, or (ii) at the time of a decision dismissing an objection. This is not a separate application procedure; rather, it is a structure in which the Minister of Justice makes an ex officio judgment at the time of the decision denying refugee recognition or the decision dismissing the objection.
C. The discretionary character of humanitarian-stay permission
Humanitarian-stay permission is a matter within the discretion of the Minister of Justice. Article 2(1) of the Enforcement Decree of the Refugee Act provides that the Minister “may grant” permission, making clear that it is discretionary rather than mandatory. Accordingly, the receipt of a decision denying refugee recognition does not mean that humanitarian-stay permission is granted as a matter of course. The courts have confirmed this:
Humanitarian-stay permission under the Refugee Act is something that may be granted where a decision denying refugee recognition is made on a refugee applicant, or where a decision dismissing an objection to a decision denying refugee recognition is made; it is not something that can be granted where a departure order, such as the disposition in this case, is issued. (Seoul Administrative Court, Oct. 31, 2018, 2018gudan64729)
There is also a judgment to the effect that, even where a person separately applies for humanitarian-stay permission after losing a suit to revoke a decision denying refugee recognition, it is difficult to find any unlawfulness in the Minister of Justice’s not granting it (see Daegu High Court, Mar. 31, 2023, 2022nu5398).
D. Legal status after humanitarian-stay permission
Where a person has received humanitarian-stay permission, then under Article 2(3) of the Enforcement Decree of the Refugee Act the person must, in accordance with Articles 23 through 25 of the Immigration Act, obtain residence status (G-1-6) or obtain permission to change residence status or to extend the period of stay.
A humanitarian-stay holder granted G-1-6 status may continue to receive extensions of the period of stay unless the humanitarian ground for which the stay in Korea was permitted ceases to exist (see Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729). A G-1-6 humanitarian-stay holder may also engage in employment activity through permission to engage in activity outside the residence status (see Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729). As an actual example, a Syrian national who received humanitarian-stay permission (G-1-6) in 2014 extended the period of stay through a total of eight permissions and also maintained employment activity (Uijeongbu District Court, Apr. 17, 2024, 2023gudan5729).
E. Notification of whether humanitarian-stay permission is granted
Where the Minister of Justice grants humanitarian-stay permission, the Minister notifies the refugee applicant of its contents in writing, and may give notice by stating the intent to grant humanitarian stay in the written notice of the decision denying refugee recognition or in the written notice of the decision dismissing or rejecting the objection (Enforcement Decree of the Refugee Act, Article 2(2)).
3. Summary of the Overall Flow
Application for refugee recognition → G-1-5 granted
↓
Decision denying refugee recognition
↓
Within the period for filing an objection / objection ongoing → G-1-5 maintained
Within the period for filing an administrative suit / administrative suit ongoing → G-1-5 maintained
↓ (all appeal procedures concluded, or the periods elapsed)
G-1-5 extension refused → departure, or acquisition of another residence status, required
※ At the time of the denial decision or the dismissal of the objection: the Minister of Justice may grant humanitarian-stay permission (G-1-6) ex officio (discretionary).
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