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The Improvement of the current Refuge Act

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(2), pp.37-59
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : May 30, 2019

Kim, Jong-Se 1

1계명대학교

Candidate

ABSTRACT

The nation's policy or legislation on refugees is a very sensitive debate. The immigration policy, which is currently being dealt with in Korean society, consists of foreign workers' labor policy (immigration labor policy), marriage migration policy, overseas Koreans policy, immigration education policy and refugee policy. Individual legal grounds are provided for such policies under the national legal system. In other words, the Act on the Employment of Foreign Workers, the Multicultural Family Support Act, the Overseas Koreans Act and the Refugee Act are enacted. In particular, the most recently enacted Refugee Act was enacted in 2012 and has so far been in normative effect, and the government is implementing it on this basis. Of course, it has made several revisions as a practical or policy improvement measure. However, in light of the fact that improvements to the Refugee Act have been mentioned, I would like to address some of the research papers. Although the definition of refugees is stipulated in the nation's current refugee law, there seems to be no debate on the concept definition, in practical applications, the Korean government may not be an easy law to apply while understanding the feelings of its own people, its international image or its international political meaning. In this sense, although the normative efficacy of the refugee law through constitutional interpretation has important implications, there are still improvements to the application in Korean society and discussions on immigration policy and immigration legislation should be continued. Thus, although several revisions have been made to the Refugee Act, this research paper aims to present reasonable improvement measures by looking at the period of examination and objection application, social adaptation education and treatment, and the period of administrative litigation.

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