A Seoul court on Thursday granted refugee status to a Congolese man fleeing political persecution in his home country, where he served as a mid-level opposition party official.
The man was tortured by pro-government authorities in the Democratic Republic of Congo for his political leanings, and sentenced to 17 years in prison before escaping to South Korea. The Korea Immigration Service initially denied him asylum though, as his story appeared inconsistent.
But judges at the Seoul Administrative Court sided with the man, saying that it was clear he was fleeing political persecution and that inconsistencies were common in refugee accounts. Judges also said he would have not gone to the KIS if he were looking for illegal employment.
Whether the KIS will appeal remains uncertain.
The 36-year-old, whose identity has been concealed for the safety of family members still in the DRC, was arrested on three occasions before coming to South Korea.
In Nov. 2011, he was arrested because of his party membership and released. Later that month, he was arrested again and tortured because of his status as an opposition youth leader, according to Koh Ji-woon, the man’s lawyer in Seoul. He was released with a stern warning to stay politically silent.
“But he was later arrested for the third time a month later when he was on his way to attend an antigovernment rally,” Koh said.
The man was taking a cab to the rally site, which was near the home of a prominent opposition figure. The cab driver took notice, and drove him straight to a local prison instead.
“He was tortured, and then sentenced to a lengthy term,” Koh said.
He later escaped by bribing prison officials, and returned to his old job at a local mining company. Weeks later, when his company offered him a business trip to South Korea in January 2012, he took the opportunity and did not return.
But his family members in the DRC suffered because of his absence.
“His wife was tortured by local authorities after he fled,” Koh said. His wife was hospitalized before running away to South Africa. The man’s two daughters, aged 15 and 11, are still in the DRC, living with the man’s sister.
“He has not heard from or been able to call his children in the DRC since, fearing he might get them in trouble,” Koh said.
South Korea’s refugee policy has been the subject of controversy. While the system is apparently better than those in China or North Korea according to some supporters, critics say asylum-seekers are often treated like prisoners.
“The Congolese man was lucky,” Koh said. “Most of the refugees trying to gain legal immigration status in Korea are held up in quasi-prisons as they wait for courts to decide their fate,” she added.
Over 3,900 foreigners had applied for refugee status in South Korea up to December 2011, the latest figure available on the KIS website. Close to half of the applicants have been denied. Over 700 from Pakistan have applied, the highest number from a single country.
By Jeong Hunny (hj257@heraldcorp.com)
