난민 인권 보호를 위한 난민법 개정 방향 연구 - 난민 심사 및 난민 처우를 중심으로 -

In July 2013, South Korea’s Refugee Act was enacted and went into effect, the first of its kind in Asia. However, Korea continues to be criticized for the low rate of refugee recognition, lack of expertise in refugee status determination and lack of effective protection for the human rights of refugees. This paper suggests two major directions for the revision of the Act. The first involves the improvement of the refugee status determination procedure. To do so, it is necessary to strictly apply the principle of non-refoulement enshrined in the Convention Relating to the Status of Refugees; undertake pre-screening assessment to firmly establish the refugee recognition application procedure at the port-of-entry; and propose more stringent provisions regarding the grounds for non-referral including manifestly unfounded applications for refugee status. Moreover, it is imperative to establish the Refugee Appeals Board by expanding and strengthening the current function of the Refugee Committee in charge of appeal reviews by inviting individuals with relevant expert knowledge or experience to take part in the proceedings of the Board. Second, the revised edition of the Act must aim to protect the basic human rights of refugees by improving refugee support system. It is important to strive for social integration by enhancing living allowances for refugee applicants to cover their basic needs; allowing humanitarian status holders affected by the ‘blind-spot’ of medical and welfare system to enjoy the rights granted to recognized refugees; and increasing support and streamlining the naturalization procedures for recognized refugees with disabilities.