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Are You Investigating Me? : Incompatibilities in South Korean LGBTI Asylum Policies
AnneMarieBerglund 고려대학교 국제대학원 2018 국내석사
In the last three decades, South Korea has complied with the United Nation’s 1951 Convention Relating to the Status of Refugees, has accepted several thousand refugees, and has ratified Asia’s first standalone refugee act. How have inconsistencies in South Korean refugee law persisted? Among its increasing number of asylum seekers is a small but growing subgroup of individuals fleeing LGBTI-related persecution. Through interviews in 2017 with activists, professors, lawyers, and asylum seekers, this research proposes three main incompatibilities of the South Korean refugee framework for effectively processing LGBTI refugee claims. First, the lack of access to rights for asylum seekers creates unique hurdles. Second, the inappropriate and ineffectual screening procedures do not align with UNHCR’s best practices for LGBTI claimants. Finally, the decisions of four court appeals in South Korea by LGBTI applicants indicate inconsistencies in decision-making as a third incompatibility. Each of these three incompatibilities shed light on South Korean refugee law in general, while identifying distinct LGBTI obstacles.