[1] In a case where a person acquires a foreign nationality before escaping from North Korea and holds it even after escaping, whether it constitutes “North Korean Refugees” under the Act on the Protection and Settlement Support of North Korean Refugees (negative)

[2] The case affirming the establishment of a crime of violation of the Act on the Protection and Settlement Support of Residents escaping from North Korea in case where the defendant who acquired Chinese nationality prior to escaping from North Korea received subsidies by hiding it

[1] The Act on the Protection and Settlement Support of Residents escaping from North Korea provides that a person who has his/her domicile, lineal domicile, family member, spouse, workplace, etc. in North Korea and has not acquired the nationality of a foreign country after escaping from North Korea shall be subject to its application. In light of the legislative purpose of the above Act and the contents of the relevant provisions prepared to achieve such legislative purpose, not only those who have acquired the nationality of a foreign country after escaping from North Korea but also those who already acquired the nationality of a foreign country before escaping from North Korea and who hold the nationality of a foreign country after escaping from North Korea shall not

[2] Where a defendant who acquired Chinese nationality before escaping from North Korea received subsidies by hiding it, the case affirming the establishment of a crime of violation of the Act on the Protection and Settlement Support of Residents escaping from North Korea

[1] Article 2 subparag. 1 and Article 3 of the Act on the Protection and Settlement Support of Residents escaping from North Korea / [2] Article 2 subparag. 1, Articles 3 and 33(1) and (3) of the Act on the Protection and Settlement Support of Residents escaping from North Korea

Defendant

Defendant

Seoul Northern District Court Decision 2008No1092 Decided November 6, 2008

The appeal is dismissed.

We examine the grounds of appeal.

The purpose of the North Korean Refugees Protection and Settlement Support Act (hereinafter “Act”) is to provide for matters concerning protection and support necessary for North Korean defectors who intend to obtain protection from North Korea beyond the North Korean citizenship (hereinafter “North Korea”) to promptly adapt to and settle in all areas of life, such as politics, economy, society, culture, etc. (Article 1). Article 2 subparag. 1, Article 3 provides that North Korean defectors who have an address, occupation, family member, spouse, workplace, etc. in North Korea and have no foreign nationality after escaping from North Korea shall be subject to the application of the Act (Article 4 and Article 7). Article 2 subparag. 1, subparag. 3 provides for the duty to protect and support North Korean defectors, the duty to adapt to the law and order of the Republic of Korea to the North Korean defectors’ diplomatic missions abroad (Article 4 and Article 7). Accordingly, North Korean defectors who already acquired their nationality by obtaining permission from the Seoul Family Court without a separate procedure for acquisition of nationality, and in light of the legislative purpose of the Act and order of the Republic of Korea, Article 20 or 20.

In the same purport, the court below is just in finding the defendant guilty on the grounds that the defendant was provided with subsidies under the law because he/she was presumed to be a North Korean resident even though he/she was not a person with Chinese nationality, and there is no violation of the legal principles or the rules of evidence as alleged.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Hyun-chul (Presiding Justice)