The Current State of Refugee, Refugee Law and Integration Policy in Korea
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Refugees are similar to migrants in that they are newcomers into society, but the difficulties surrounding refugees - most of whom have been oppressed and violated by the governments that are supposed to protect them - are much more political and complicated than migrants. In 1992, South Korea ratified the United Nations Convention Relating to the Status of Refugees, which obliged her to protect refugees. It was not until 2001, however, that refugees began to be legally admitted to the country. Between 2001 and early 2010, there were over 2,500 applicants for refugee classification, 200 of whom were granted refugee status. In addition, more than one hundred applicants were granted permission to stay legally in Korea on account of human rights crises in their home countries. Despite the nation's international position as a member of G-20 and home to the United Nations Secretary General, the number of people granted refugee status by the Korean government is relatively small. This paper has addressed the absence of, or only partial development of, a point of view on refugee integration policy in Korean law and practice. By exploring contemporary discussions of refugee integration policies in Western countries, this article makes some suggestions for refugee integration policy in Korea: first, in developing integration policies for refugees, objective and subjective conditions and the diverse experiences of refugees should be considered; second, constitutional or democratic experimentalism related to integration policy including refugees may be considered; third, it should be considered that the true reason for refugee law and protection is the preservation of human life and dignity; fourth, when it comes to social integration of refugees, the government also needs to consider the sentiment and capacity of members of the host society. The newly enacted Refugee Act in 2012 made a progress for the protection of the rights and the legal status of refugees, but the careful examination of it addresses some problems to be mended. Finally, this article has argued that it is essential to provide refugees with the information and skills to utilize Information and Communication Technology (ICT) to gain efficient access to resources and inter- and intra-national networks.
Abstract
Refugees are similar to migrants in that they are newcomers into society, but the difficulties surrounding refugees - most of whom have been oppressed and violated by the governments that are supposed to protect them - are much more political and complicated than migrants. In 1992, South Korea ratified the United Nations Convention Relating to the Status of Refugees, which obliged her to protect refugees. It was not until 2001, however, that refugees began to be legally admitted to the country. Between 2001 and early 2010, there were over 2,500 applicants for refugee classification, 200 of whom were granted refugee status. In addition, more than one hundred applicants were granted permission to stay legally in Korea on account of human rights crises in their home countries. Despite the nation's international position as a member of G-20 and home to the United Nations Secretary General, the number of people granted refugee status by the Korean government is relatively small. This paper has addressed the absence of, or only partial development of, a point of view on refugee integration policy in Korean law and practice. By exploring contemporary discussions of refugee integration policies in Western countries, this article makes some suggestions for refugee integration policy in Korea: first, in developing integration policies for refugees, objective and subjective conditions and the diverse experiences of refugees should be considered; second, constitutional or democratic experimentalism related to integration policy including refugees may be considered; third, it should be considered that the true reason for refugee law and protection is the preservation of human life and dignity; fourth, when it comes to social integration of refugees, the government also needs to consider the sentiment and capacity of members of the host society. The newly enacted Refugee Act in 2012 made a progress for the protection of the rights and the legal status of refugees, but the careful examination of it addresses some problems to be mended. Finally, this article has argued that it is essential to provide refugees with the information and skills to utilize Information and Communication Technology (ICT) to gain efficient access to resources and inter- and intra-national networks.
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