B. Domestic norms
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), Article 12 (Corporate
Freedom), and Article 36 (2) (Maternity Protection) of the Constitution
- Principle of non-refoulement under the customary international law and
Article 32 (1) of Convention related to the Status of Refugees provide
that “the Contracting States shall not expel a refugee lawfully in their
territory except on grounds of national security or public order.” Article
International
33 (1) of said convention also stipulates that “No Contracting State shall
norms
expel or return ("refouler") a refugee in any manner whatsoever to the
frontiers of territories where his/her life or freedom would be threatened
on account of his/her race, religion, nationality, membership in a
particular social group, or political opinion.”
C. Core agenda items for promotion
Ⅳ-3-1. If detention of a refugee applicant is inevitable, the period should be as
short as possible, and periodic judicial reviews should be carried out
with regard to the legality and necessity of the detention to prevent it
from being an arbitrary detention.
Ⅳ-3-2. For refugee applicants who have been detained for a given period of time,
the government should provide periodic health examinations at its cost.
Ⅳ-3-3. With regard to detention, more vulnerable refugee applicants such as
children and people with disabilities should be subject to special
consideration.
Part 4. Stronger protection of human rights of refugees and stateless people
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