난민법상 가족재결합과 가족결합에 의한 난민인정 - 우리나라와 독일법의 비교검토 -

The principle of family reunification in refugee law has become an important principle in international law beyond domestic law today. South Korea established provisions on family reunification in Article 37 of the Refugee Act in 2013 and has been implementing them ever since. Since the enactment of Article 37 of the Refugee Act, the number of recognized refugees has been gradually increasing, and the demand for family reunification is growing in situations where those recognized as refugees in Korea wish to reunite with their families. This study aims to find insights from German law by comparing and reviewing the laws of Korea and Germany. In this paper, we first examined the meaning of family reunification. In Korea, the terms family reunification and family combination for refugees were reviewed, as well as family reunification and family naming in Germany. Although the meanings of family reunification and family combination seem to be used interchangeably at present, it was considered that the two terms should be used as distinct concepts in refugee law. Continuing with the prerequisites and procedural processes for family reunification of recognized refugees, the prerequisites for family reunification and the process of obtaining a visa in both countries were mainly reviewed. It was proposed to expand the scope of the principal applicant and family in the prerequisites. In the former case, it is desirable to grant the status of a principal applicant to humanitarian residents, and in the latter case, considering that a minor child becomes a recognized refugee, it would be appropriate to include his/her parents or minor siblings as subjects of family reunification. Regarding visa issuance, Article 37 of the Refugee Act stipulates regulations on entry permits, but since the Immigration Control Act provides regulations related to visa issuance, it would be more appropriate to include provisions for visa issuance for refugee families in the Immigration Control Act or its enforcement decree. Therefore, it was deemed necessary to legislate the content of recognized refugees and their families being recognized as refugees through family reunification applications in Article 37 of the Refugee Act. The final part dealt with the family reunification of recognized refugees, examining changes in the family members' residency status due to the cancellation or deprivation of the refugee's status, divorce, or death, and changes in the status of recognized refugees. Additionally, refugee recognition precedents related to family reunification were reviewed.