난민 자격으로서 젠더와 성적 지향의 교차성: - 우간다 난민신청자 판례를 중심으로 -

With the legal definition of refugee not including gender or sexual orientation as listed reasons of persecution, it has become significant in the interpretation of legal texts to expand the narrow definition. In recent years, two legal cases, involving female refugee claimants from Uganda who applied for refugee status on the basis of sexual orientation, have demonstrated the need for changes in interpretation rules and practices from an intersectional approach. Through these two cases, this article details the importance of understanding and considering the intersection of gender and sexual orientation when determining whether a refugee claimant has established a well-founded fear of persecution and that he or she could face differential or additional risk upon return. It introduces the concepts of gender, sexual orientation and gender identity, and applies the principles and rules of existing guidelines, as issued by the UNHCR and the Canadian Immigration and Refugee Board, to the two cases. Finally, this article emphasizes that in South Korea it is necessary to have guidelines that open to the public, and which provide guiding rules and principles for adjudicating cases, particularly for vulnerable persons. Such guidelines are argued to likely help to examine and determine cases in a gender-sensitive way, and to prevent stereotyping and prejudicing in the refugee determination processes as well as in other legal procedures.