난민의 권리에 관한 공법적 고찰 ― 사회경제적 권리를 중심으로 ―

International law recognizes refugees as holders of socio-economic rights. Therefore, national institutions and policies for refugees should go beyond mere acts of generosity. Socio-economic rights are vital in safeguarding fundamental needs, which encompass income-generating activities, working conditions, social security, health and medical services, housing, food, and education, thereby ensuring a life that maintains human dignity and worth. In comparison to other foreign nationals, socio-economic rights are particularly essential for refugees who cannot return to their country of origin and are required to rebuild their lives in a new country. Research on refugees has primarily focused on the question of “Who qualifies as a refugee under the Refugee Convention?” This emphasis has resulted in the development of an extensive corpus of case law and scholarship. However, there has been insufficient exploration concerning what rights refugees are entitled to and what obligations and responsibilities that states bear towards refugees. Anchored in the Refugee Convention and the International Covenants on Human Rights, this study aims to identify socio-economic rights of refugees, and clarify the corresponding obligations and responsibilities of states. The Republic of Korea’s status as a state party to international norms on refugee protection does not grant it the authority to unilaterally define the existence and content of the rights established by these norms. In this context, the Refugee Convention and International Covenants on Human Rights provide specific guidelines and limits that must be followed, even when a state exercises considerable discretion grounded in its sovereignty. The Refugee Act, which serves as the first standalone legislation in Asia addressing the recognition and treatment of refugees, marks a significant milestone in re-evaluating the refugee system through the lens of human rights, moving beyond conventional immigration control frameworks. This development solidifies the legal foundation for protecting the rights of refugees. Nevertheless, as highlighted in the rationale for its enactment, for the Refugee Act to genuinely serve as a “cornerstone for advancing towards a human rights-oriented nation,” it must undergo further evolution. To achieve this, it is essential for the Refugee Act to be structured in a manner that ensures alignment with the Refugee Convention and International Covenants on Human Rights. Additionally, there is a pressing need for long-term strategies that empower refugees to actively engage as rights-holders.