An Evaluation of Korea's New Refugee Act and Future Challenges

Abstract

After much legislative effort, Korea's Refugee Act, the first comprehensive Act on refugees in Asia, has been legislated and is now awaiting implementation. This new Refugee Act defines provisions related to the status and treatment of refugees as enshrined under the 1951 Refugee Convention and aims to improve the legal workings of international refugee laws as they are implemented domestically. While the new Refugee Act can be welcomed and viewed positively in light of the improvements, there is still some room for development. This paper examines the extent to which the new Refugee Act faithfully reflects the spirit and the content of the Refugee Convention. In particular, the paper elaborates on the major legal issues - the criteria and procedures for determining refugee status and the social treatment of refugees. The significance of this paper's research lies in its identification of the shortcomings of the new Refugee Act and in offering solutions for legislative improvement, while attempting to seek the right direction for future enforcement decrees.