Korea’s Refugee Act: A Critical Evaluation under International Law
(주)코리아스칼라
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- 2023.04.03
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- 2013.11
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : Journal of East Asia and International Law / 6권 / 2호
ㆍ저자명 : Andrew Wolman
목차
Korea’s Refugee Act: A Critical Evaluation under International Law
1. Introduction
2. A Brief History of Korean Refugee Policy
3. Overview of the Refugee Act
4. Improvements over Prior Practice
5. Does the Refugee Act Comply with International Standard?
6. Outstanding Implementation Questions
7. Conclusion
영어 초록
On December 29, 2011, the National Assembly of the Republic of Korea passed the Law on the Status and Treatment of Refugees, which went into effect on July 1, 2013. The law was the culmination of years of effort by the government, NGOs, UNHCR and the lawmakers. It has been widely praised by civil society groups in Korea. However, there has been little critical analysis of its provisions whether it will truly be a successful legislation. This research critically evaluates whether the new law is likely to promote Korean compliance with international legal standards, namely, the 1951 Refugee Convention and major human rights treaties. It finds that while the law represents a significant improvement over current practices, it possesses problematic provisions related to detention, refugee determination, economic and social rights of asylum-seekers, and the treatment of recognized refugees. This essay will conclude by highlighting four outstanding implementation questions that could impact compliance with international standards.
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