September 10, 2025

Obstruction of Performance of Official Duties by Fraudulent Means and Violation of IMMIGRATION ACT vs. Non-penalization clause of the Refugee Convention(Article 31(1))

View Full Paper

Ask AI

Bookmark

Authors

Discussion

Court finds Iranian national guilty of obstruction by fraud, but applies non-penalization clause from Refugee Convention.

The Supreme Court ruled on a case involving the obstruction of official duties, finding the defendant guilty but granting exemption from punishment.
The Court cited the non-penalization clause in Article 31(1) of the Refugee Convention as the legal basis for its decision in this case.
Korea's Refugee Act does not currently incorporate the non-penalization clause, highlighting a gap in legal alignment with international obligations.
The study emphasizes the need for legislative changes to better implement Article 31(1) of the Refugee Convention in Korea's legal system.

Soyoung Jung (2025) studied this question.

View Full Paper

Ask AI

Bookmark