10-Year-Old Living at Incheon Airport for a Year... NHRCK Issues Recommendation, Stating It Is Not "Neglect"

The National Human Rights Commission of Korea (NHRCK) has issued a recommendation urging the government to devise measures to guarantee the right to education for a 10-year-old refugee applicant child who has been staying in the departure waiting room at Incheon International Airport for over a year.

On August 11, the NHRCK announced that it had recommended the Minister of Justice to formulate countermeasures, stating that the 10-year-old boy, identified as A and originating from Mali in West Africa, is having his rights to education and development infringed upon due to his long-term stay at the airport.

A and his father applied for refugee status but were notified of rejection without review. After losing the first trial of an administrative lawsuit filed in objection, and with the appellate trial ongoing, they have been living in the airport departure waiting room for about a year.

They filed a complaint arguing that "such a long-term stay constitutes inhumane treatment and an infringement on human dignity." However, the NHRCK judged that it does not amount to unjust forced neglect, given that the airport is equipped with convenience facilities and they are free to depart for another country.

The commission stated that the departure waiting room is actually equipped with laundry, heating and cooling, and shower facilities, and that they can freely use convenience facilities within the transfer zone, with records confirming they have undergone regular health checkups.

The Ministry of Justice responded to the NHRCK, stating, "A's father has no history of being persecuted in his home country, and during the refugee interview process, he stated to the effect that 'he plans to find a job and provide support so his son can receive an education in South Korea.' Therefore, we viewed that the applicants' refugee application falls under cases manifestly devoid of merit solely for economic reasons."

Regarding this, the NHRCK noted, "It is possible that the victims experienced restricted movement, monotonous meals, and psychological stress," but added, "This cannot be regarded as an inhumane result caused by state power unfairly forcing or neglecting them," thereby dismissing that part of the complaint.

However, the NHRCK pointed out that the situation must be viewed differently for a 10-year-old child in a crucial stage of growth.

The commission emphasized, "Unlike his father, child A is suffering considerable disadvantages through no fault of his own, and alternative measures must be devised to minimize the infringement on the child's fundamental rights."

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