난민법 개정을 통한 사정변경 없는 난민재신청 제한의 필요성

The protection for refugees is a internationally continued major discuss, and it has been growing in its importance in Korea. Since the Refugees Protection Act came into effect in 2014, there has been some repeated and recurrent issues, among which this article focuses on the issue of follow-up application after previous refugee application. A follow-up application means any refugee application after a rejected, withdrawn, or abandoned refugee claim; especially an application right after the final rejection. The law does not limit the multiple applications or repeated applications, which causes difficulties in protecting real refugees. This article mainly suggests that a follow-up application without changed conditions should be limited by the amendment of the Refugees Protection Act. In US, an alien cannot apply for asylum if the alien has previously applied for asylum and had such application denied. In Canada, A claim is ineligible to be referred to the Refugee Protection Division if a claim for refugee protection by the claimant has been rejected. In Switzerland, Multiple applications or repeated applications for asylum that state the same grounds is dismissed without a formal decision being taken. In Germany, a follow-up asylum procedure would be conducted only when it satisfies the strict conditions of Administrative Procedure Act. In France the right to remain in French territory ends and the certificate of asylum application may be refused, withdrawn or its renewal refused when the foreigner submits a new application for a review after the final rejection of a first request for reconsideration. It may be most proper if the law provides ineligibility to apply for refugee protection; exception for the conditions changed can also be provided if necessary. This article is written, knowing it causing some controversy, in order to prime the attentions to the issue of follow-up application, which has not been visited by many precedent studies.