무력분쟁과 폭력 사태로 인한 실향민에 대한 난민법제의 보호

As shown in the case regarding the Yemeni displaced persons in Jeju Island in 2018, situations of armed conflict and violence are one of the main causes of displacement. However, displaced persons who are forced to flee their homes due to armed conflict and violence are not always recognized as “refugee” under the 1951 Convention Relating to the Status of Refugees and the Korean Refugee Act. Under current refugee law regime, only a displaced person who is owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, can be recognized as a refugee. Nevertheless, as the 1951 Convention Relating to the Status of Refugees or the Korean Refugee Act does not exclude situations of armed conflict and violence from the definition of the refugee, distinct characteristics of armed conflict and violence should be appropriately considered when interpreting the 1951 Convention Relating to the Status of Refugees or the Korean Refugee Act. Futhermore, regional conventions such as the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1984 Cartagena Declaration on Refugees, which complement the interpretation of the 1951 Convention Relating to the Status of Refugees, include situations of armed conflict and violence as an independent ground for recognition of a refugee. While a displaced person may not be covered within the definition of refugee, provisional measures like complementary protection are provided for those in need of humanitarian aid.