탈북민 강제북송 재발 방지 대책 고찰

Abstract

Forced repatriation of North Korean defectors has been and continues to be done mainly by the Chinese government. After the South Korean government rescued the fishermen who were drifting at sea, if they hoped to return to North Korea, they were repatriated through Panmunjom.
 However, in November 2019, two North Korean defectors announced their intention to defect to the South Korean government, but on November 7, due to their crime and intention to defect, they tied them with a rope and put an eye patch on them and transported them to Panmunjom. There was an unprecedented case that removed the. At that time, the government insisted on the legitimacy of forced repatriation, but domestic and international human rights groups and international organizations condemned it as a violation of domestic and international laws and demanded countermeasures. The common view of the majority of legal experts is that the case is a violation of domestic and international law.
 With this in mind, this article analyzed the actual situation of North Korean defectors' forced repatriation to North Korea and, as countermeasures, specifically suggested a change in the public's awareness of North Korean defectors, formation of public opinion on the status of North Korean defectors as 'refugee sur place', legal measures, and provision of institutional arrangements. This study can be used as evidence to prevent the forced repatriation and repatriation of North Korean defectors.