무국적자의 보호와 감소를 위한 국제규범의 동향과 한국의 과제

Abstract

Stateless persons are at high risks of being vulnerable without being recognized for their existence and dignity at the periphery of society. There should be no words that reveal the meaning of nationality better than the expression “the right to have rights.” In this article, the contents of the ‘1954 Convention Relating to the Status of Stateless Persons’ and the ‘1961 Convention on the Reduction of Statelessness’, which are two pillars of the system with which the international society protects stateless persons, were examined and the present situation and future tasks of South Korea in relation to the conventions were reviewed. Although almost 60 years has passed after South Korea joined the Convention Relating to the Status of Stateless Persons, South Korea has not taken any practical action to implement it domestically. A statelessness status recognition procedure to identify stateless persons should be introduced and legislation is necessary to grant the status and rights under the convention to those who applied for statelessness status determination and those who received statelessness status determination. South Korea has not yet joined the Convention on the Reduction of Statelessness, although the number of countries that joined the convention has been increasing globally during the last 10 years. Although it would be most desirable for South Korea to join the Convention on the Reduction of Statelessness and implement it domestically, if it is not possible, at least the legislative improvement to narrow the gap with the convention by revising some provisions of the Nationality Act should be considered as the next best plan.