국내 난민심사 불회부결정 대상자의 처우에 관한 법률적 검토 및 개선방안 제언 - 송환대기실 수용과 강제퇴거명령의 적법성 심사를 중심으로 -

Asylum Seekers Rejected for Refugee Screening face arbitrary rejection decisions and a lack of legal protection, especially when compared to international standards stipulated in the Refugee Convention and advanced cases of the United States and Australia. However, the academia have paid less attention to them, especially when compared to Asylum Seekers Accepted for Refugee Screening, dismissing their issue as a conundrum. In particular, the detention of rejected asylum seekers in Repatriation Anterooms and issuing Compulsory Eviction Orders—both key concerns of this study—raise serious human rights violations that contradict the fundamental rights guaranteed by the Korean Constitution and international human rights treaties. Nevertheless, discussions on these issues remain largely absent. Therefore, this study examines legal and policy measures to protect the human rights of asylum seekers at ports of entry, especially Asylum Seekers Rejected for Refugee Screening. The Repatriation Anteroom, where these individuals are often detained for extended periods, fails to provide even basic necessities such as adequate food, clothing, and shelter, thereby infringing upon their dignity, right to health, and physical liberty. To address this, this study refers to advanced legislative examples from countries like the United States, proposing solutions such as the establishment of swift remedies or repatriation procedures, as well as setting a maximum detention period after which conditional entry permits could be granted to mitigate prolonged detention. Furthermore, the frequent enforcement of Compulsory Eviction Orders at ports of entry occurs without clear legal grounds, violating the procedural rights of Asylum Seekers Rejected for Refugee Screening and contravening the fundamental principle of non-refoulement in refugee protection. In response, this study explores the application of the UNHCR’s concept of “rejection at the border” to ensure that Asylum Seekers Rejected for Refugee Screening are included under the principle of non-refoulement as stipulated in the Refugee Act. Ultimately, it seeks to codify their procedural rights to the same extent as those of asylum applicants explicitly recognized in the Act. Asylum Seekers Rejected for Refugee Screening are among the most vulnerable groups in terms of human rights protection. The treatment of the most vulnerable reflects our society’s overall attitude toward and maturity in addressing human rights issues. Active discussions must take place to improve their treatment before it is too late. This study hopes to serve as both a starting point and a milestone for such discourse.