10-Year-Old Child Living at Incheon Airport for a Year: NHRC Urges Guarantee of Education and Development Rights

The National Human Rights Commission (NHRC) announced today (August 11) that it has recommended the Minister of Justice to formulate measures to guarantee the right to education and development for a foreign child seeking refugee status who has been staying in the departure lounge of Incheon International Airport for over a year.

According to the NHRC, a 10-year-old boy identified as A, who came from Mali in West Africa, and his father applied for refugee status. After being notified of a "decision not to refer for review" by the Ministry of Justice, they have been living in the departure lounge of Incheon Airport for about a year.

An administrative lawsuit filed to challenge the non-referral decision lost in the first instance, and the appellate trial is currently underway.

In October of last year, they filed a petition with the NHRC, stating, "Leaving a refugee family to stay in the airport's departure lounge for a long period without any alternatives is inhumane treatment and an infringement on human dignity." They added, "In particular, Child A's right to education and development are being completely violated."

The Second Committee on Remedy for Infringements under the NHRC, which launched an investigation, concluded that considering the facility environment and other factors, they had not suffered inhumane treatment from the state.

The NHRC noted that the departure lounge is equipped with laundry, air conditioning, heating, and shower facilities, and that they are able to freely use convenience facilities within the transit zone and have a verified history of receiving regular health checkups.

In addition, the Ministry of Justice responded to the NHRC by stating, "Child A's father has no history of persecution in his home country, and during the refugee application and interview process, he stated to the effect that 'he plans to find a job and support his son so that he can receive an education in South Korea.'" The ministry added, "We regarded the applicants' refugee claim as a case clearly lacking grounds, driven solely by economic reasons."

Regarding this, the NHRC judged that "it is difficult to objectively view that there is a risk of persecution or equivalent danger to life and physical safety if they are repatriated to their home country." It determined that Child A's father could voluntarily end his current stay by departing for his home country or a third country.

The commission further stated, "Although the applicants may have experienced restricted exercise, monotonous meals, and psychological stress while staying in the departure lounge for nearly a year, even if they claim disadvantages, this cannot be regarded as an inhumane result caused by state power unfairly coercing or neglecting them." Accordingly, the commission dismissed that part of the petition.

However, the NHRC pointed out that the situation of Child A, who is at a critical age for growth and development, must be viewed differently.

The NHRC stated, "Unlike his father, Child A is in a situation where he has to endure disadvantages resulting from actions for which he bears no responsibility," adding, "From the perspective of a child in their growing years, a considerable state of deprivation in terms of education, welfare, and emotional development is persisting."

The commission recommended that the Minister of Justice devise alternative measures to minimize the infringement of basic rights that must be guaranteed to a child at the very least, while still achieving the objectives of immigration control.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.