대규모 난민이주 관리를 위한 국제법적 방안

Abstract

When international refugee crises present legal response such as asylum determination, resettlement, or repatriation, so-called durable solutions. Though the legal foundation for response to refugee migrations remains the Refugee Convention of 1951 (Refugee Convention), international refugee law appears to be increasingly irrelevant to what refugees do, and to what states do in response to refugee movements. National governments react by giving priority to deterrence strategies and tighter border control, as evidenced most dramatically today by the closing of the Balkan Route during the European Refugee Crisis and the wall proposed for the U.S.-Mexico border.Achieving personal security for any migrant population is by its very nature a matter for international management, in that mass migration impacts the countries of origin, transit, and destination. Today, while it is essential to recognize mass migration as a principal international challenge of our time, it is also essential to identify the specific and individual determinants of why and how migrants move in a temporal frame that overwhelms national immigration law and process. Whether mass management is internalized through the durable solutions of resettlement, integration, and international protection pending repatriation, or whether management is externalized, through border controls, refugee camps, or international development programs, migrant choice and state interest must be the focus for the framing of policy.The Refugee Convention envisions guarantees of social and economic rights as means to achieve self-reliance, such as access to education and the right to seek work as the essentials for meaningful migrant choice, but to be realized only insofar as possible within legal limits of assuring state interest in social stability, prosperity, and national security. The Convention is, in other words, a manifesto to maximize a beneficial relationship of migrant choice and state interest.South Korea has not yet had a large-scale refugee migration problem, but it is necessary to prepare for the situation between the two Koreas and the Yemen refugee crisis in Jeju, 2018. As a result, Korea, as the first country to enact 『Refugee Law』 in Asia, should ensure the rights of refugees substantially in accordance with international human rights law and humanitarianism, analyzing the existing cases of large-scale refugee migration.