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.

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