‘재중 탈북민’ 강제 북송의 법적 문제와 대응

Abstract

The majority of North Korean defectors pass through or live in China and enter South Korea for protection and support. In the case of North Korean defectors staying in China for other reasons, they are caught by the Chinese authorities, detained, and forcibly repatriated. In this process, serious human rights violations are often encountered. ‘North Korean defectors in China’ live a poor life in an unstable status in China, complain of physical and psychological anxiety, and are free from legal protection. North Korean defectors are guaranteed the right to be enjoyed as citizens of the Republic of Korea by relevant laws and regulations. However, in the case of North Korean defectors residing in China, there are limitations in taking direct legal protection measures due to domestic legal limitations and international legal measures. The repatriation of North Korean defectors living in China claims its own legitimacy or unfairness depending on the situation, as each law is applied overlappingly in terms of international law and inter-Korean relations between North Korea, China, South Korea, and China, as well as domestic law in South Korea, China, and North Korea. In this situation, it is not easy to deal with legal arguments to protect the human rights of North Korean defectors living in China. However, in a situation where China and North and South Korea are claiming that the repatriation of North Korean defectors in China is unfair along with legal measures and legitimacy from policy and legal aspects, it is meaningful to examine legal issues, identify the problems, and find reasonable alternatives. Although there are limits to resolving the protection issue of North Korean defectors residing in China as a matter of domestic law and external relations, we examine the legal issues regarding the repatriation of North Korean defectors residing in China, discuss the problems, and look for multifaceted alternatives to resolve them. We must urge the Chinese authorities to take legal measures to protect North Korean defectors in compliance with their international legal obligations, and actively seek legal and diplomatic protection measures for North Korean defectors in China through cooperation with the UN and international human rights organizations and solidarity with the international community.