허위난민신청 범죄행위의 문제점과 개선방안에 대한 연구 : 현행 난민 관련 법률(난민법, 출입국관리법 등)의 한계를 중심으로

The refugee issue is one of the most difficult problems facing the international community today, and despite the efforts of the international community such as the United Nations, conflicts such as civil war, religious and ethnic conflicts continue to increase, and the number of refugees continues to increase. In the past, the refugee problem was considered only a problem at the advanced countries with rich economic power and stable human rights issues, but recently, the trend of migration has shifted to Asia due to rapid economic development in emerging Asian countries, and Korea's number of refugee applications has begun to increase due to economic development and international status. In particular, the implementation of Asia's first independent refugee law in 2013 and the chairmanship of the UNHCR executive board have raised expectations for refugee rights, which is seen as a major factor in the increase in refugee applications. Some refugees' criminal activities in Korea have evolved into individual, organized, and intelligent (black money, romance scams, voice phishing, etc.), especially as a large number of refugee applicants enter Korea illegally, or are involved in terrorism or criminal crimes. However, for this reason, it seems that there are fundamental limitations such as human rights violations to judge and punish refugee crimes simply like criminal offenses, and respond with forced deportation. Therefore, we will examine individual situations and problems of false refugee application crimes, and discuss practical improvement measures to deal more effectively and flexibly with the threat of "public safety" and "order maintenance" in our society, and focus on the limitations of the current refugee law.