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Legal Status of Stateless North Korean Refugees

  • DONG-A LAW REVIEW
  • 2009, (43), pp.449-476
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Bok Hee Chang 1

1선문대학교

Candidate

ABSTRACT

North Korean second generation stateless children create another tragedy during the decade escaping from North Korea situations. Also stateless North Korean refugees who were born and grew up in North Korea from Chinese native lie in the blind spot of human rights due to insufficient legal protection and support Simply not having citizenship due to religion, culture and language with a different reason, without considering an individual's ability, personality, the contribution, discrimination are illegal based on the principle of non-indiscrimination. Regardless of nationality, basic rights, fundamental freedom and the right to be treated as a person before the law should be assured any cases. In the future we will want world security and coexistence of the individual, minorities, minonities including stateless persons should be protected by a common approach to universal human rights standards, and we will have to prepare to take reciprocity policy between nations. Protection of stateless persons with compliance to international legal human rights standards, contracting a bilateral treaty with nationality country of the foreigner, national implementation of the Convention relating to the Status of Stateless, ratification and the sign up the Convention on the Reduction of Statelessness, and appling universal human rights standards, can emanate the effect of national law and extreme policies can be eased. Creative appling international human rights law can enforce the status of refugee, asylum seekers and stateless persons. This must be based on the need of international protection rather than international legal obligations. Protection as the core of human rights, is completed from the principle of non-refoulement and guarantee of right to asylum proclaimed in Universal Declaration of Human Rights. In fact legal arrangements to the stateless North Korean refugees are not clear, easing requirements for naturalization as to de facto North Korean, recognizing a citizen of Republic of Korea through professional substantive review, determining as refugees, appling complementary protection under the existing international human rights law, granting status of stateless persons under the Convention relating to the Status of Refugees, treatment according to international standards, implementation, revision of relevant domestic law and alternative policies should be taken.

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