Democratic People's Republic of Korea/Republic of Korea: The situation of citizens of the Democratic People's Republic of Korea (North Korea) who approach embassies of the Republic of Korea (South Korea) in Canada or in other countries to request citizenship; whether North Koreans are automatically accepted as South Korean citizens and, if not, how this is determined; citizenship procedures; method to establish North Korean identity; whether North Korean applicants are provided assistance to allow them to travel to South Korea
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 3 June 2008 |
| Citation / Document Symbol | ZZZ102858.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Democratic People's Republic of Korea/Republic of Korea: The situation of citizens of the Democratic People's Republic of Korea (North Korea) who approach embassies of the Republic of Korea (South Korea) in Canada or in other countries to request citizenship; whether North Koreans are automatically accepted as South Korean citizens and, if not, how this is determined; citizenship procedures; method to establish North Korean identity; whether North Korean applicants are provided assistance to allow them to travel to South Korea, 3 June 2008, ZZZ102858.E, available at: https://www.refworld.org/docid/48d2237ec.html [accessed 3 November 2019] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The situation of citizens of the Democratic People's Republic of Korea (North Korea) who approach embassies of the Republic of Korea (South Korea) in Canada or in other countries to request citizenship
An official from the Embassy of the Republic of Korea (South Korea) in Ottawa stated in a 20 May 2008 interview with the Research Directorate that it is the policy of the South Korean government to offer protection and support to "dislocated" North Koreans (see also Korea 2008). The Embassy Official referred the Research Directorate to the South Korean Ministry of Unification's "2005 Unification White Paper" which states the following:
In the case of North Korean refugees residing in a third country who file an application for protection, the South Korean government will provide temporary protection through its consulate in the third country and assist them in entering South Korea. Upon entry into South Korea, the government will decide on his/her protection based on the results of a joint investigation by relevant government agencies. (Korea 2005, 107)
According to Agence France-Presse (AFP), in March 2008, twelve North Korean persons entered the South Korean Embassy in Laos seeking asylum (28 Mar. 2008). AFP reports that the individuals were under embassy protection (AFP 28 Mar. 2008). Human Rights Watch (HRW) states in its World Report 2008 that "hundreds of North Koreans remained in overcrowded immigration detention centers in Bangkok, awaiting transfer to South Korea ..." (Jan. 2008).
Whether North Koreans are automatically accepted as South Korean citizens
Both the United States (US) Department of State's Country Reports on Human Rights Practices for 2007 and a 19 February 2007 New York Times article state that North Korean refugees are entitled to South Korean citizenship (US 11 Mar. 2008, Sec. 2.d; New York Times 19 Feb. 2007). The New York Times article explains that entitlement to South Korean citizenship is grounded in Articles 2 and 3 of the "Constitution of the Republic of Korea" (19 Feb. 2007; see also HRW Jan. 2008). The Constitution states the following:
Article 2 [Nationality]
Nationality in the Republic of Korea is prescribed by law.
It is the duty of the State to protect citizens abroad as prescribed by law.
Article 3 [Territory]
The territory of the Republic of Korea shall consist of the Korean peninsula and its adjacent islands. (Korea 29 Oct. 1987)
However, according to the Embassy Official, North Koreans are not automatically accepted as South Korean citizens (Korea 20 May 2008). North Koreans must demonstrate that they possess the "will and desire" to live in [South] Korea and must present themselves to an embassy or consulate of the Republic of Korea to request protection (ibid.). Following this, the citizenship process begins (ibid.).
The Embassy Official noted that certain persons are not eligible for South Korean citizenship: "bogus" defectors; persons who have resided in a third country for an extended period of time; and international criminals such as persons who have committed murder, aircraft hijacking, drug trafficking or terrorism (ibid.).
Citizenship procedures and method to establish North Korean identity
According to the Embassy Official, citizenship procedures include interviews with the North Korean applicants and investigations to establish North Korean identity (Korea 20 May 2008). The Embassy Official stated that North Korean citizenship cards, driver's licences and passports help to establish North Korean identity (ibid.). The Embassy also uses an undisclosed guide that includes tips to determine whether an individual is North Korean (ibid.).
Travel assistance
The Embassy Official provided the following information regarding the provision of travel assistance to South Korea:
If the individual has initially approached the Canadian government for assistance, [the] Canadian government is, in principle, responsible for assistance including travel expenses and documents. The two governments, however, may determine ... [a] different way [to provide assistance] through consultation. (Korea 20 May 2008)
The Embassy Official stated, for example, that the South Korean government might provide travel documents while the Canadian government might provide travel expenses (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France-Presse (AFP). 28 March 2008. "N Koreans Seek Refuge in S Korea Embassy in Laos: Embassy." (Lloyds)
Human Rights Watch (HRW). January 2008. "North Korea." World Report 2008.
Korea, Republic of. 20 May 2008. Embassy of the Republic of Korea, Ottawa. Interview with an official.
_____. 2008. Ministry of Unification. "Action Plans 2008."
_____. 2005. Ministry of Unification. "2005 Unification White Paper."
_____. 29 October 1987. National Assembly. "Constitution of the Republic of Korea."
The New York Times. 19 February 2007. Christopher Griffin and Nicholas Eberstadt. "Saving North Korea's Refugees."
United States (US). 11 March 2008. Department of State. "Republic of Korea." Country Reports on Human Rights Practices for 2007.
Additional Sources Consulted
Oral sources: Attempts to reach the Citizens' Alliance for North Korean Human Rights were unsuccessful.
Internet sites: Amnesty International (AI), British Broadcasting Corporation (BBC), Citizens' Alliance for North Korean Human Rights, Freedom House, Korea Ministry of Government Legislation, Legislationline.org, Life Funds for North Korean Refugees (LFNKR), North Korea Freedom Coalition, Refugees International, U.S. Committee for Refugees (USCRI).
