난민법상 난민심사의 효율성 방안

In order to support rapid social adaptation and stable domestic life of refugee recipients, the need for strengthening humanitarian aid has been continuously raised, such as allowing the Minister of Justice to provide counseling and employment support to refugee recipients and to provide interpretation to refugee applicants when receiving refugee applications or notifying decisions. Various measures are being proposed to prevent the refugee screening system from being abused as a means of extending stay, and if a person who has been determined not to be a refugee applies for refugee recognition again, he or she must go through a re-examination of refugee recognition, and if a refugee applicant leaves the country without re-entry permission, he or she has withdrawn his or her application for refugee recognition. In this research paper, the problems and appropriate directions for refugee screening revealed under the current Refugee Act were presented. Where a person who has been decided not to recognize refugees or whose decision to recognize refugees is canceled applies for refugee recognition again, he/she shall first undergo an examination on whether he/she is eligible for refugee recognition re-examination. It is desirable for the Minister of Justice to decide whether or not to be eligible for refugee recognition re-examination within 21 days from the date the application for refugee recognition is submitted. The Minister of Justice shall make a decision on eligibility if there is a significant change in circumstances such as the decision to reject refugees as a result of the re-examination of refugee recognition, and shall proceed with the refugee recognition screening process for those who have been determined to be eligible. The Minister of Justice shall, if there is no significant change in the circumstances of the decision to reject refugees as a result of the eligibility review for refugee recognition, and shall issue a notice of ineligibility to a person who has been determined to be ineligible. If a refugee applicant leaves the country without re-entry permission after applying for refugee recognition or objection, or voluntarily re-protects the country of origin, the application or objection should be regarded as withdrawn. When the Minister of Justice receives an application for refugee recognition or an objection, he/she shall immediately notify the applicant of matters concerning the application for refugee recognition or withdrawal of the objection in writing and verbally. The openness of the Refugee Committee should be strengthened by requiring that a majority of the members of the Refugee Committee consist of commissioned members, not public officials belonging to the central administrative agency. Matters deliberated by the subcommittee of the Refugee Committee and resolved by the agreement of all subcommittees shall be deemed to have been deliberated and resolved by the Refugee Committee, and the operation of the Refugee Committee shall be carried out efficiently. The Refugee Committee shall, if necessary for deliberation on objections, have the objectors or other related persons attend the meeting to make statements, or hear opinions from persons with abundant experience or knowledge of matters to be deliberated. The Refugee Committee shall, if necessary, allow the applicant to request the submission of data by setting a deadline, and the applicant shall be allowed to submit data to the Committee if necessary to supplement the grounds for the objection. The Refugee Committee shall allow the applicant to deliberate without the statement of the applicant or the data if he/she fails to comply with the request for attendance of the Refugee Committee without justifiable grounds or submit the data within the deadline. The Minister of Justice shall provide information and counseling necessary for social adaptation to support the smooth social adaptation of refugee recognizers, and the Minister of Justice shall provide support necessary for employment if he/she deems it necessary for refugee recognizers and humanitarian residents to lead a stable life in Korea and quickly adapt to society. The Minister of Justice shall support interpretation or translation when receiving an application or notifying the decision if those who apply for refugee recognition or objectors cannot express their opinions in Korean or understand what is written in Korean. In order to prevent repeated objections to the decision to reject refugee status and to quickly be judged by the court, refugee applicants shall not be allowed to request an administrative trial if they are determined to be ineligible for the refugee status re-examination or to reject the refugee status examination. A person who mediates or recommends an application for refugee recognition by fraudulent means, such as submitting documents or other data containing false information, should prepare a basis for punishment.