난민법상 강제송환금지 규정에 대한 소고 (A Study on the Regulations against the Restitution of Persons under the Refugee Act)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 30권 / 4호 / 51 ~ 65페이지
· 저자명 : 김종세

초록

The nation has repeatedly revised the current Refugee Act, enacted on February 10, 2012, implemented on July 1, 2013, and has sought to find social and national issues for refugees that have been discussed or discussed so far, as well as improvement in social realities and norms on some refugee laws. First of all, the Enforcement Decree of the Act was enacted on June 12, 2013 (July 1, 2013) and the Enforcement Rules of the same Act (the Act was enacted on June 28, 2013 (July 1, 2013). In general, the Immigration Act consists of the Basic Act on Korean and Foreign Affairs, the Employment of Foreign Workers Act, the Multicultural Family Support Act, the Marriage Arbitration Act, the Refugee Act, the Immigration Control Act and the Nationality Act. Among these immigration laws, it is the Refugee Act that has recently been legislated and enforced.
The nation has so far seen a rise in the influx of immigrants of various types, including foreign workers, students studying abroad and marriage visas. Similarly, there were not so many applicants for refugees before 1994, and until 2010, there were not many applicants for refugee status, nor were there many administrative or administrative resources required for such work. The pattern has changed since 2010, when their numbers have been on the rise considerably, especially since 2015. Furthermore, the number of applicants has increased to such a degree that the number of professional administrators who examine refugee applications is far short. However, the public is concerned about the possibility that even serious risk factors in the nation's stability and social order could be latent. As such, the nation should strive to secure national security and maintain social order by improving the legal policy or system on some problematic refugees, and gain public trust through efficient national refugee policies.
It is also a normative reality that it has to be followed either on the domestic and international legal systems for applicants for refugees or on a humanitarian level. Under the constitutional value order, the nation should seek a harmonized legal and criminal alternative to international laws, such as the Refugee Convention, or Korea's current refugee law. Considering the foreign policy and refugee policies by international politics and economy, the government should improve and supplement the lack of refugee law in accordance with domestic political and economic situations. In this regard, this research paper looked at the social perception and problems of refugees, and looked at them from a practical perspective and the social realities of refugee law. In addition, even with regard to the provisions of the current ban on forced repatriation under the Refugee Act, there is a need for forced repatriation out of the country for maintaining public order and ensuring national security pursuant to Article 33 paragraph 2 of the Refugee Convention, and there is a need to clarify the scope of the reason for repatriation. After all, the nation and society will have to pursue refugee policies, seeking ways to resolve social problems and normative values for refugees in harmony.

영어초록

The nation has repeatedly revised the current Refugee Act, enacted on February 10, 2012, implemented on July 1, 2013, and has sought to find social and national issues for refugees that have been discussed or discussed so far, as well as improvement in social realities and norms on some refugee laws. First of all, the Enforcement Decree of the Act was enacted on June 12, 2013 (July 1, 2013) and the Enforcement Rules of the same Act (the Act was enacted on June 28, 2013 (July 1, 2013). In general, the Immigration Act consists of the Basic Act on Korean and Foreign Affairs, the Employment of Foreign Workers Act, the Multicultural Family Support Act, the Marriage Arbitration Act, the Refugee Act, the Immigration Control Act and the Nationality Act. Among these immigration laws, it is the Refugee Act that has recently been legislated and enforced.
The nation has so far seen a rise in the influx of immigrants of various types, including foreign workers, students studying abroad and marriage visas. Similarly, there were not so many applicants for refugees before 1994, and until 2010, there were not many applicants for refugee status, nor were there many administrative or administrative resources required for such work. The pattern has changed since 2010, when their numbers have been on the rise considerably, especially since 2015. Furthermore, the number of applicants has increased to such a degree that the number of professional administrators who examine refugee applications is far short. However, the public is concerned about the possibility that even serious risk factors in the nation's stability and social order could be latent. As such, the nation should strive to secure national security and maintain social order by improving the legal policy or system on some problematic refugees, and gain public trust through efficient national refugee policies.
It is also a normative reality that it has to be followed either on the domestic and international legal systems for applicants for refugees or on a humanitarian level. Under the constitutional value order, the nation should seek a harmonized legal and criminal alternative to international laws, such as the Refugee Convention, or Korea's current refugee law. Considering the foreign policy and refugee policies by international politics and economy, the government should improve and supplement the lack of refugee law in accordance with domestic political and economic situations. In this regard, this research paper looked at the social perception and problems of refugees, and looked at them from a practical perspective and the social realities of refugee law. In addition, even with regard to the provisions of the current ban on forced repatriation under the Refugee Act, there is a need for forced repatriation out of the country for maintaining public order and ensuring national security pursuant to Article 33 paragraph 2 of the Refugee Convention, and there is a need to clarify the scope of the reason for repatriation. After all, the nation and society will have to pursue refugee policies, seeking ways to resolve social problems and normative values for refugees in harmony.

참고자료

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