중국 내 탈북자 문제 해결방안에 대한 연구 : 독일과 베트남의 경험을 중심으로

다국어 초록 (Multilingual Abstract)

Problems and Solutions of the North Korean Asylum Seekers in China:
Focusing on the Experiences of Germany and Vietnam



Kim, Yoon Jeong
Department of Political Science and International Relations
Graduate School
Hankuk University of Foreign Studies, Seoul, Korea





Some normative rules and principles to control the society exist in all over the world. One of them, for example, is "human rights" as the universal rule. First of all we should consider that such essential principles and rules are existing for the human beings' common wealth, in other words, whether those are generally adjusting the human rights which is pursued for the happiness of human beings or not.
Article 1 of the 1951 Refugee Convention defines a refugee as "A person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution." by UNHCR (United Nations High Commissioner for Refugees).
The North Korean asylum seekers (or North Korean defectors) are those who have departed from the DPRK (Democratic People's Republic of Korea). Also according to this convention, the North Korean asylum seekers in China should have got the status as refugees for poor condition of being trampled upon human rights, but China has absolutely stood the negative policy authorizing the status of refugees ever.
Before middle of 1990s, those who departed from the North Korea to South Korea illegally were called the North Korean asylum seekers (or defectors). But after 1995, the range of the meaning of those words have been enlarged because the number of asylum seekers from North Korea has been increased rapidly. North Korea had been suffered from disasters - a flood and the long drought in 1995～2000.
In this study, the north Korean asylum seekers are defined as who have lived in China without a departure permit from the North Korean government and illegally crossed the border from North Korea into China after 1995.
It could be easily classified into two groups for the problems of the human rights of North Korean, one is the inside and another is the outside of North Korea. And the matters of being trampled upon human rights outside North Korea are classified into t재 groups whether being in China and in South Korea.
In this article, it was used to know the problems of North Korean asylum seekers in China that referring to sundry records of newspapers, articles about the human rights of North Korean or refugees, reports by the National Assembly, the Ministry of Unification, the Unification, Foreign Affairs & Trade Committee in Republic of Korea, books by KINU (Korea Institute for National unification), reports by the Congress of U.S. and materials by the UNHCR.
That is to say, the intention of this study is that North Korean asylum seekers in China who are not taken the permits as being refugee status in reality, but they should get the support internationally for political pressure, therefore I'd like to draw up some plan to adjust the matter of North Korean asylum seekers through the relief cases of international refugees-the experiences of German and Vietnam.

목차 (Table of Contents)

• 제1장 서론 1
• 1.1 연구의 목적과 필요성 1
• 1.2 연구의 대상과 방법 6
• 제2장 탈북자 인권 문제의 현황과 문제점 10
• 2.1 북한이 주장하는 인권의 개념 11
• 2.2 중국 내의 탈북자 현황과 탈북원인 19
• 2.2.1 탈북배경 20
• 1)배출요인 20
• 2)유인요인 26
• 2.2.2 탈북자의 규모 28
• 2.3 중국 내 탈북자의 인권 침해 실태 31
• 제3장 탈북자의 법적 지위와 난민 인정 38
• 3.1 탈북자의 법적 지위 38
• 3.1.1 탈북자의 법적 지위에 대한 각 나라의 입장 38
• 1)한국의 입장 38
• 2)중국의 입장 40
• 3)북한의 입장 42
• 3.1.2 한국 국내법상의 지위 48
• 3.1.3 중국 국내법상의 지위 48
• 1)탈북자의 법적 성격 48
• 2)관련 국제조약의 적용여부 49
• (1) 난민에 관한 국제협약 및 중조 양자조약 49
• (2) 국제조약 적용상의 문제점 50
• 3.1.4 난민협약상의 지위 51
• 1)강제송환금지의 원칙 51
• 2)UNHCR에 의한 잠정적 보호 53
• 3.2 탈북자의 난민 인정 54
• 제4장 국제 난민 발생 사례의 분석 60
• 4.1 독일의 경우 60
• 4.2 베트남의 경우 64
• 제5장 탈북자 문제의 해결방안 72
• 5.1 정부의 해결방안 72
• 5.2 새로운 대안 75
• 제6장 결론 81
• 참고문헌 84
• <부록1> 91
• Abstract 112