여성 난민의 인정과 지위에 관한 연구 : 형사정책적 관점에서 「난민법」 등 개정 방향을 중심으로

초록

Although the current Refugee Act has advanced refugee rights, limitations remain in addressing the complex, gender-specific crises faced by female refugees. Since refugee status determination is a critical administrative action deciding an individual’s fate, ensuring due process and defense rights equivalent to criminal proceedings is essential. Therefore, the female refugee protection policy must shift from a discretionary administrative service to a "criminal policy paradigm" that safeguards fundamental rights against state power. To overcome procedural vulnerabilities and implement a gender-sensitive perspective, the Refugee Act must be amended as follows: First, "gender" should be explicitly codified as an independent ground for persecution under Article 2, Paragraph 1 to eliminate roundabout interpretations, while specialized "Gender Guidelines" should be established to provide concrete assessment criteria. Second, a gender-sensitive procedure must be mandated by making the assignment of same-gender interviewers and interpreters compulsory and ensuring prior notification of this right. Third, humanitarian treatment at ports of entry must be enhanced, and the Enforcement Decree amended to preferentially provide residential facilities for vulnerable groups like pregnant women and child-accompanied applicants. Fourth, the "benefit of the doubt" principle—reflecting the criminal law doctrine of in dubio pro reo─must be codified to realistically ease the burden of proof when statements are credible. Fifth, specialized personnel must be expanded by reforming the qualification restriction limiting officials to the fifth grade or higher, alongside mandatory gender sensitivity training. In conclusion, introducing a gender-sensitive perspective is a humanitarian obligation of a constitutional state and a realization of criminal justice, rather than an act of selective benevolence. These reforms will enable female refugees to establish themselves as dignified subjects of rights within Korean society.

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