Exclusive: Seoul court grants refugee status to Cambodian influencer who criticized gov't on social media

A court sign on the Seoul Central District Court in Seocho District, southern Seoul [YONHAP]

 
A Korean court has granted refugee status to a Cambodian national who criticized their government on social media, overturning an earlier rejection. 
 
The Seoul High Court ruled in June that the 37-year-old activist faces real risks of persecution if returned to Cambodia. The decision reversed a February 2023 denial by the Seoul Immigration Office, which had argued the activist’s political activities were minimal and lacked evidence of targeted repression. Immigration authorities declined to appeal, making the ruling final. 
 

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Court records show the activist arrived in Korea in 2016 as a migrant worker and soon became active in Cambodian opposition politics abroad.
 
While the Cambodian activist had only participated in protests back home, they said they were politically inspired by Korean democracy and by other Cambodian activists in Korea. Cambodia has been ruled for four decades by the Cambodian People’s Party, led by former Prime Minister Hun Sen.
 
In 2018, they joined the overseas youth wing of the banned Cambodia National Rescue Party (CNRP) and began serving as a spokesperson and online promoter. They organized pro-democracy rallies in Korea, posted videos on social media and urged supporters to spread them so Cambodian authorities would see. 
 

A Cambodian flag flutters as USS Savannah arrives for a port call at Sihanoukville port in Cambodia on Dec. 16, 2024. [AP/YONHAP]

 
Through this activity, the activist grew their online presence. They had about 53,000 followers on Facebook and 343,000 on TikTok as of Sunday. Their posts criticizing the Cambodian government attracted a large audience, including one in August 2021 condemning its handling of the Covid-19 pandemic that recorded more than 6.1 million views.
  
The Seoul court said the individual’s political activities “were not those of a passive participant but rather active and leading actions that drew attention from the Cambodian government.” 
 
The ruling also noted that Cambodian authorities arrested and detained former CNRP members after dissolving the party. The judges concluded the activist faced a “real risk of unjust punishment” if returned to Cambodia.
  
The court also cited evidence that the Cambodian government asked Korea to repatriate Cambodian activists. In March, the Cambodian government requested the extradition of a Cambodian pro-democracy influencer living in Korea in exchange for handing over a Korean national arrested for fraud in Cambodia.
  
“Some might suspect the individual engaged in political activities only to secure refugee status,” the court said. “Given the Cambodian government’s record of repression against overseas activists, it is difficult to assume this person staged such activities at personal risk, and their sincerity cannot be dismissed.”
 

A Cambodian National flag flutters above barbed wire set up by police near the Council of Ministers building while garment workers gather for a rally in Phnom Penh, Cambodia on Dec. 30, 2013. [AP/YONHAP]

  
Kwon Yeong-sil, a lawyer at the Dongcheon Foundation who represented the individual, said that this ruling is significant because “it recognizes that anti-government activism and social media activity in Korea can expose people to risks of persecution in their home countries.”
 
A total of 18,336 people applied for refugee status in Korea last year, according to the Ministry of Justice, but only 105 were granted, or 0.57 percent. Civic groups argue that Korea’s recognition rate is unreasonably low.
  
Others, however, call for stricter screening, citing cases in which people file repeated applications to extend their stay in Korea. 
 
Rep. Yoo Sang-beom of the People Power Party on Aug. 12 proposed a bill to amend the Refugee Act. The bill would introduce a new eligibility review system requiring applicants to show “substantial changes in circumstances” for reapplications after initial denials.
  
But judicial authorities have expressed caution. In December 2021, the Justice Ministry introduced a similar proposal, but the Supreme Court Administration opposed it.
 
“Because refugee status has a significant impact, the introduction of an eligibility review system should be considered carefully,” the Supreme Court Administration said. 


This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY LEE YOUNG-KEUN [paik.jihwan@joongang.co.kr]