language problems. However, it is difficult to find support to help them adapt at the national
and local government levels.227) The Refugee Act provides a separate status for
“humanitarian sojourners” for those who are not refugees but need protection, but most
Ukrainians are not recognized as humanitarian sojourners, and even if they are recognized as
humanitarian sojourners, it is difficult to find special support other than a work permit in
limited fields. As such, there are discussions to expand the concept of refugees to protect
people displaced by war, and demanding to strengthen228) the systems and functions to
protect them regardless of the legal concept of refugees.229)
Third is a criticism related to the disposition of not allowing Russians to enter the country
and not referring them to refugee screening. Korea has a referral/non-referral procedure to
decide whether to allow refugee screening or not if a foreigner wants to apply for refugee
status at the port of entry prior to the immigration screening. Some of the cases of the
Russians were also rejected without being reviewed as refugees, and they were unable to
enter Korea and are currently living at the port of entry. As related to this, there is an opinion
that they are political refugees who are persecuted for refusing to participate in the war, and
the Ministry of Justice's action violates the principle of prohibition of forced repatriation
stipulated in the Refugee Convention, etc. Also, some argue that even if the system is
maintained, minimizing grounds for non-referral, preparing a remedy procedure, improving
treatment, and minimizing detention are required.
C) Korea's Responsibilities in the International Community and Obligations to
Satisfy the Refugee Act
Korea is a party to the Refugee Convention and the first country in Asia to enact a refugee
law. Moreover, Korea has an obligation to recognize and protect the rights of refugees
without regards to the contribution or capability of the refugees, as a member of the
international community. Under international human rights law, each country has the
227) Some of the support is limited to support for the so-called “Goryeoin (Russian Koreans).”
228) Specifically, for the humanitarian sojourn, the demand is that a procedure comparable to the refugee recognition
procedure be guaranteed in line with the international ‘supplementary protection,’ and that the rights corresponding
to those recognized as refugees be guaranteed in the treatment.
229) Oh, Seung-jin, Protecting the War Refugees, Gangwon Legal Studies, 2022.
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