Research On The Legal Status And Coping Mechanism Of The "Northerners"

This paper focuses on the “North Korean defectors”problem that raises concerns these years for exploring the legal status and settlement of these people and discuss the value and deficiency of our measures now on the basis of making sure its nature,to respond to the disputes on the problem and take some suggestions on the immigrant and refugee legal problem.This paper is actually about two points:Are the North Korean defectors refugees or not?What their real legal status are?And the current situation and question of our settlement.In this paper, the real legal status of the “North Korean defectors” is confirmed by combining the rules of international law and national law on the premise of introducing and analyzing the situation of the “North Korean defectors”.On the one hand, the interior of the group is complete and hierarchical, on the other hand,the relevant concepts of “North Korean defectors” are plenty,we need to analyze carefully to make sure.This part is established on “Convention relating to the Status of Refugees ”(1951) and “Protocol Convention relating to the Status of Refugees”(1967),and comparing the North Korean defectors to refugee ? illegal immigrant?displaced person to ensure its legal status,confirming their legal status is related to their rights they deserve and responsibility of the nation.I introduce the current settlement and the necessary rights and settlement of the “North Korean defectors” in our country,and citing current practice of some nations to supporting the analysis of our current settling system.For the reason that repatriation is the principal method that we use to deal with the “North Korean defectors”.problem now and it is the main central point that is argued,so this part is mainly about our settling system,especially about the legality of the repatriating system.For one thing,the problem is that whether the “North Korean defectors”.can be repatriated,which means the legality of the repatriation;for another,even if we should repatriate “the North Korean defectors”,should we regard the North Korea as the only nation that the “North Korean defectors”.should be repatriated to?Other than all the current opinions,I don't regard all the “North Korean defectors” as refugees or illegal immigrants,but divide them to two groups:the political defectors are refugees,and the economic defectors are illegal immigrants.This opinion is made on the analysis of their natures and its the basis of the discuss then.So I also distinguish the repatriation and the deportation without choosing any one of the current viewpoints.On the premise that the “North Korean defectors” can be deported,I am against to the repatriation for that the North Korea may treat them without mercy. It's the main point of this paper,and the right way of legal analyzing to any group.