Comparative Study on Statelessness Determination Procedure
EXECUTIVE SUMMARY
Objective and Structure of the Research
The Republic of Korea (hereafter "RoK") joined the 1954 Convention Relating to the Status of Stateless
Persons (hereafter "1954 Convention") in 1962. However, no action was taken for almost 60 years to
implement the provisions of the 1954 Convention into domestic legislation. Various policies will need
to be amended to guarantee the status and rights of stateless persons as stipulated in the 1954
Convention; the most urgent task being the introduction of a 'Statelessness Determination Procedure
(hereafter "SDP").' To protect the rights and legal status of persons under the 1954 Convention, a
procedure for recognizing statelessness by the Contracting State is foremost required. With this
perspective, this research set out to design and recommend an SDP appropriate in the context of RoK.
To this end, the research first examined the cases of France, the United Kingdom, and Moldova, which
have SDPs, and cases of Germany, the United States, and Australia, which do not have separate laws
for SDPs or the protection of stateless persons. Thereafter, this research analysed the necessary
considerations in designing an SDP according to the following categories: structure, accessibility,
procedure, determination, administrative and judicial appeal, and status. The research attempted to
examine the 1954 Convention, international human rights laws, good practices from other States, the
UNHCR Statelessness Handbook, and existing RoK legislations from various angles. Based on the above
analysis, this research proposes the introduction of certain legislative provisions for SDP. Major
components are as follows.
The legislative structure and the competent authority
To ensure fairness, transparency, and clarity, SDP needs to be prescribed by law. It would be desirable
to enact an independent legislation that regulates the recognition procedure and the status of
stateless persons; however, it is also possible to consider amending the existing laws such as the
Refugee Act, the Nationality Act, and the Immigration Act. To ensure consistent interpretation and
application of the definition of stateless persons and to enhance the caseworker’s capacity, it is
necessary to designate the Minister of Justice as the single competent authority for SDP in a
centralised manner. The issue of accessibility for non-nationals living outside of Seoul can be solved
by allowing local immigration offices to receive applications.