난민법 개정방향과 강제송환금지원칙

Abstract

The refugee problem is both an issue of national sovereignty and an international one. The issue of accepting refugees is, in principle, a matter of discretion of the nation that accepts a foreigner who wishes to settle in another country by political persecution. Therefore, it takes into account the minimum universal rules of international community at the same time. However, we can see that refugee problems is be treated as a problem of national sovereignty not only in Korea, but also in other international societies such as China and Europe. Very sensitive emotion of the public against the acceptance of refugees may be an important driving force. Amendments of refugee law are being promoted including government amendments by Ministry of Justice, which governs refugee law, and amendments by member of the National Assembly. Despite the direction for strengthening of the refugee committee in the amendments of the Ministry of Justice, the basis that threatens due process for protecting refugee’s rights is added(including expansion of exceptions in the principle of non-refoulement of refugee law, expansion of reasons for refugee disapproval, unavailable protection against not-sending decision of refugee status determination and shortening the appeal period). As a result, it is a common aspect that the amendment of the refugee law is promoted in a way that the principle of non-refoulement established by customary international law is limited by the sovereignty of the nation. It is necessary to systematically amend criteria for determining refugee status for the ever-expanding application of refugees. But domestic measures to neuter the principle of non-refoulement, which is discussed to peremptory norms beyond customary international law, are not desirable. There should not be many cases where refugees are forced to leave without obtaining the determination of refugee status at the discretion of administrative authority. We need to be cautious when promoting for amendments of refugee law because domestic measures that do not comply with the principle of non-refoulement may be returned through measures taken by the host country for North Korean refugees who are living aborad such as China.