난민법 제정 10년, 난민 보호를 위한 개정 방향

It has been 10 years since the Refugee Act has been enacted in 2012. While the number of refugee applicants in Korea has significantly increased, the refugee recognition rate is still low. Further, it is criticized for being insufficient in protecting the human rights of refugees. This article reviews the original proposal of the Refugee Act, the current law, and the bill of the Ministry of Justice which was proposed in December 2021. The current Refugee Act has somewhat retreated from the original bill due to the objection of the Ministry of Justice that wanted to prevent abuse of the refugee system. With the introduction of the admissibility procedure at ports of entry and departure, foreigners who want to apply for refugee status sometimes experience human rights violation at airports. In addition, the degree of protection was significantly restricted as the original provisions related to the issue of ‘humanitarian status’ and the contents of the protection were revised in the process of legislation. It is questionable whether a rapid review system that can omit several screening procedure in certain cases is necessary for achieving a speedy and efficient screening. The newly introduced system requiring to go through a qualification review when reapplying for refugee status, is also feared that the scope is too wide and the discretion of refugee screening officers would be excessive. It is necessary to boost efficiency of the Refugee Committee, but the new plan seems insufficient to achieve the urgent goal of securing the independence and objectivity of the Committee. Many Koreans are concerned about the influx of refugees. However it seems that the refugee screening process does not progress quickly and efficiently under the current system. There were contentious cases which raise a question whether the process or results of the refugee screening are appropriate. While observing due process of the screening, it is necessary to establish the system with which foreigners with no genuine protection should leave the country quickly after proper reviews. Above all, the Refugee Act should be revised towards providing appropriate protection to refugees who need international protection.