refugee applicants until the completion of the relevant procedure including court proceedings to reform the structural infringement of human rights in the refugee application procedure. B. Domestic/International norms and realistic cases in major countries Contents Domestic norms - Concerning the protection of aliens under domestic laws, Article 6 (Effectuation of Treaties and International Laws and Guarantee of Aliens’ Status) of the Constitution and Article 4 (About Foreigners in Republic of Korea) of the National Human Rights Commission Act apply. - Ref. Article 10 (Right to Pursue Happiness) and Article 11 (1) (Right to Equality) of the Constitution; Article 2 (3) (defining the term “discriminatory act of violating the right to equality”) of the National Human Rights Commission Act - Article 76-8 (Treatment of Refugees) and Article 76-9 (Support for Refugees, etc.) of the Immigration Control Act - Article 22 of the Convention related to the Status of Refugees stipulates that “the Contracting States shall accord to refugees the same treatment accorded to nationals with respect to elementary education.” - Article 23 of the Convention related to the Status of Refugees stipulates that “the Contracting States shall accord to refugees lawfully staying in their territory the same treatment with respect to public relief and assistance as that accorded to their nationals.” Article 11 (1) of the International ICESCR stipulates that “the State’s Parties to the present Covenant norms recognize the right of everyone to an adequate standard of living for himself/herself and his/her family -- including adequate food, clothing, and housing -- and to the continuous improvement of living conditions.” - Article 3 (1) of the UN Convention against Torture stipulates that “no State Party shall expel, return (“refouler”), or extradite a person to another State where there are substantial reasons to believe that he/she would be in danger of being subjected to torture. 58 Human Rights Guidelines on Migration

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