National Human Rights Commission of Korea Annual Report 2020 3. Key Opinions Expressed8) A. ‌Opinion regarding the need for legislative revision to safeguard the rights of children who have been sojourning in airport for extended periods of time while seeking refugee status On February 27, the Commission expressed opinion to the Minister of Justice regarding children who are legally disputing legitimacy of decision not to refer them to refugee review. The Commission is of the view that there is a need to improve the relevant laws and regulations so that, unless their refugee request is clearly abusive, the children can be guaranteed basic treatment during that period and can enter the country in their best interests. The petitioners, who are children from Angola, had arrived at Incheon International Airport with their parents in December 2018 and had applied for refugee status. They had filed an appeal with the court upon receiving a decision that their request would not be referred for refugee review. They later filed a petition with the Commission, stating that their rights were violated as they had been left to stay at the Passengers' Lounge in Terminal 1 for about ten months while awaiting a court decision. The Commission found that, despite the fact that passenger lounges do not provide the right environment to guarantee children's right to development, including the right to education and the right to health recognized under the United Nations' Convention on the Rights of the Child, the government's decision not to review refugee status for the children is not in line with Article 3 of the Convention on the Rights of the Child. It also concluded that the government has violated the Handbook and Guidelines on Procedures and Criteria for Determining Refugee Status of the United Nations High Commissioner for Refugees, which provides that a contracting party has the obligation to guarantee basic treatment for refugee status applicants, and that applicants be permitted to remain in the country while review or court appeal is pending, unless it has been established that the request for refugee status is clearly abusive. 8) See Annex for list of opinions expressed. 46