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(* Note to editors: Anda Gach and Chakma are both aliases, both of whom responded to the interview ,
[2018년 한국에서 난민 인정받기]
# 1 Ethiopian Anda Gachu (alias) applied for a refugee examination in Korea three years ago, was arrested, detained and tortured on the grounds that he had participated in protests He was not admitted as a refugee and said: "It is not enough to fear being persecuted when he comes back." J & # 39; I filed an objection, but the result was the same.Mr Anda Gachu filed a lawsuit with the help of a refugee human rights group and the court held the hand of M Chu.
Then, the judge, the judicial authority, appealed the fact that the decision to refuse refugee was legal.In April of 2018, Andagar Chu won the award, and the authorities abandoned the call, which led to the recognition of refugees. After three years and three months, two judges and two asylum applications.
# 2 The Jumma people of Bangladesh's ethnic minority were forced to leave their country because of the current Bangladeshi government and the repression of the dominant nation. More than 80% of Bangladeshis believe in Islam, but Jumma people are Buddhists. Of the 96 refugees from Bangladesh, more than half are Jumma. The persecution of the Jumma people is relatively well known in Korea, and there is also a small community of Jumma people in Gimpo, Gyeonggi Province.
The Jumma Chakma (aka) family wants to settle in Korea, but until recently, he had fallen three times in the refugee examination and had lost three times in the year. case.
– Recognition of Refugees in Korea Step 1: 10% chance drill
In Korea, to be recognized as a refugee, you must first ask for a judge . Although the Refugee Law was promulgated in 2013, it became possible to apply for refugee status when entering the port of entry or departure, such as an airport or port, even though They did not stay in Korea. At that time, it is judged whether or not to receive refugee status review.
A kind of preliminary examination is done.
The rate of submission of the preliminary examination is low. From 2013 to 2017, 882 people were shortlisted, compared to 413 people, or 46.8%, less than half. 469 people were not eligible for this examination and could be repatriated. In 2013, the test submission rate was 59.3%, but 32.6% in 2016 and 10.7% in 2017. Only 21 people pbaded the preliminary examination. Candidates who have fallen here must choose between forced repatriation and litigation. Usually, they sue and stay in the waiting room for long periods of time until the results are known.
When the issue of human rights, such as a poor waiting room environment was raised, including the case where the applicant decided to be repatriated in 2014, he said. has committed suicide, the revision of the related clause has been encouraged. In 2015, the preliminary judgment rate increased sharply to 72.3%. In addition, the legislator of the Democratic Party Won Hye-young proposed the revision of the anti-census law to clarify the screening criteria and prepare the appeal process in 2015, and the National Commission for Human Rights. man recommended the improvement of the law in 2016.
But the law has not changed yet. On the contrary, as the number of asylum seekers increases, the reference rate for pre-screening immigration tends to be lower.
– Recognition of Refugees in Korea Step 2: Depends on 37 refugee reviewers
After pbading the preliminary examination or in Korea, the Ministry of Justice decided not to disclose the reason for the refusal. If you apply for refugee status during your stay, you may receive a primary inquiry. The first survey includes preliminary documents and interviews. The agent is a refugee examiner who belongs to each immigration office. In 2018, there are 37 people throughout the country. In 2015, it was 8 people, but it is about 5 times more than that time.
However, the number of examiners is insufficient compared to a sharp increase in the number of candidates. When 37 of these people processed 9,942 refugee claims last year, 269 judges were tried by a judge. If you take off your vacation, you will judge one person a day. In 2018, the Ministry estimates that the number of applicants will reach 18,000 this year. Recently, asylum seekers such as Yemen have been gathered in Jeju, but it is reported that there is only one examiner. (The government decided to increase Jeju's examiner first.)
The Ministry of Justice said the average turnaround time for 2017 is seven months, wait 7 months and get an interview. Based on 6,041 cases completed in 2017, 92 cases, 1.5%, were recognized as refugees in the first place. From 1994 to 2017, 19,360 judgments were pronounced and 549 were recognized as refugees in the first round.
If you are not recognized at the first screening, you can appeal. The Refugee Committee of the Department of Justice is making a second selection. The Refugee Committee, chaired by the Deputy Minister of Justice, consists of 15 members, including lawyers, professors and real-life representatives. In 2017, the Refugee Council held six meetings and examined 4,542 cases. The 757 average cases were tried at a meeting. Although the subcommittee committee is conducting a workplace survey, it is difficult to consider one thing. As a result, refugees were recognized as refugees in the second round of the Refugee Commission in 2017 and 0.40% of cases completed. There were 151 cases of refugees recognized as refugees during the second round of trial for the period 1994 to 2017.
If refugees can not be recognized in the second round, they can lodge an administrative complaint within 90 days . The first instance of the administrative court, the second case of the high court and the third case of the Supreme Court are three other opportunities. The number of refugees recognized as refugees in this case is 0.08% in five cases in 2017, compared to the number of completed cases.
* Status of Referrals by Year of Preliminary Examination / Refugee Status Report ☞ http://bit.ly/2tYIvGj
] Andy Gachu d & # Ethiopia was a miraculous refugee, a lucky refugee who crossed this probability of a needle hole. On the other hand, Jumma Chakma is an unfortunate refugee who missed six chances. Luckily, they look a lot like Chakma.
It is not so difficult to find the point of the examination process, such as "interrogation of refugees was put to boil" or "maintenance of". umpire referee contains only a negative statement to the plaintiff "in the court judgment.
The expectation that the exam will be performed correctly with a considerably smaller number of candidates than the number of candidates.
In this screening system, only refugees who have crossed the needle hole are recognized as "refugees" in civil law, is this a reasonable situation? Maybe they were just too lucky, but no more. For example, about 97% of Koreans have chosen Korea, which is hardly recognized as a refugee because they are not all refugees. Maybe it was just bad luck as a whole.
– To answer the question on refugees
A petitioner who requests a petition for the abolition of civil law is invited to present a petition to the petitioner More than 640,000 people. (615,354), and punishes the Ice Federation (614,127). A survey conducted by a polling agency polled 37.4 percent of respondents in Yemen and 53.4 percent of respondents. On June 30, about 1,000 people took part in the protest against the detainees held in Gwanghwamun, Seoul. Many Koreans do not sympathize with the current way of accepting refugees.
Some refugees are concerned about cultural conflicts and social unrest. There are fears that some Muslims known to have the custom of patriarchal female repression such as early marriage, female circumcision, hijab and polygamy have a negative impact on Korea and that refugee and immigrant crime rates are increasing in some countries. European countries like Germany. And even worry that the damage will be concentrated mainly on women and children. The fact that the ratio of male and female applicants for Korean asylum seekers is 4.6 to 1. This also raises such concerns (the male admitted is 1.6 to 1).
Whether refugees are indeed unacceptable in Korean society or accept them under current law, it is also possible that refugees will be able to cope with the growing number of refugees. The question of refugees on the island of Jeju in 2018 is a question that we ask all over the Korean society: it is to know if the scale is appropriate, if there is a possibility that refugees are mixed with dangerous people, In fact, I threw it for the first time.
No one is happy with all the answers yet. This badysis of marbling also lacks response. However, it is clear that the current refugee review is a structure that is difficult to judge properly, and there is concern that it depends on "luck". In order to prevent the recognition of refugee status in Korea from becoming a "lottery", the current refugee review should be improved in terms of quality.
※ On June 29, the Korean government announced measures to reduce refugees by focusing on refugee protection measures. To this end, it will increase the number of refugee examiners, establish a refugee referee who will handle complaints and the first instance of the court, and revise the refugee law to prevent abuses of the system. He added that Korea was able to fulfill its refugee protection responsibilities as a member of the international community, but that it was also trying to find ways to protect the refugees. mitigate public concerns.
Reporter Sim Yeung ([email protected])
Kim Reporter [email protected]
Ahn Haimin Journalist / Analyst ([email protected])
Kim Greena Designer and developer ([email protected])
Trainee: Yoon Hyun-young
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