North Koreans started escaping their country during the 1980s and 90s, mainly as a result of suffering from severe famine and economic hardship. (Ministry of Unification 2015) The number of escapees has been influenced and fluctuated due to natural di...
North Koreans started escaping their country during the 1980s and 90s, mainly as a result of suffering from severe famine and economic hardship. (Ministry of Unification 2015) The number of escapees has been influenced and fluctuated due to natural disasters and the fortified deterrence situation in the border area. Most escaping North Koreans use the North Korea-China border and arrive in Chinese territory. The majority stay in China as illegal workers to earn money and make a living. The most serious problem takes place when the Chinese government decides to forcibly repatriate the North Koreans who stay as illegal workers and who even want to apply for refugee claims in the UNHCR office or the South Korean Embassy in China. (The Korean Society of International Law 2012) The Chinese government immediately regards North Koreans in China as illegal immigrants. The North Koreans in China are not able to claim their legal status and are forcibly deported to their country of origin.
China claims it is legally entitled to repatriate for the reason of sovereignty. Under Chinese domestic law, it is an undeniable fact that North Korean asylum seekers are illegal economic migrants in Chinese territory. However, considering the unfavorable situation after North Korean asylum seekers’ forcible repatriation to their country of origin, this thesis raises the question whether Chinese recognition of North Korean asylum seekers as illegal economic migrants is appropriate. This thesis, therefore, challenges China’s position on several levels: [1] legality under Chinese domestic law; [2] legality under codified international law; and [3] legitimacy supported by international norms, shared humanity, and natural law.