The National Human Rights Commission of Korea (NHRCK) has issued a recommendation calling for government-level measures to guarantee the right to education for a 10-year-old asylum-seeking child who has been staying in the departure lounge of Incheon International Airport for over a year.

The NHRCK announced today (August 11) that it has advised the Minister of Justice to devise measures, noting that a 10-year-old boy identified as A, originally 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 that their application was rejected for review. After losing the first trial in an administrative lawsuit challenging this decision, they have been living in the airport departure lounge for about a year while appellate proceedings continue.

They filed a complaint arguing that such a long-term stay constitutes inhumane treatment and a violation of human dignity. However, the NHRCK concluded that it does not constitute wrongful forced neglect, given that convenience facilities are available inside the airport and they are free to depart for another country.

The commission stated that the departure lounge is actually equipped with laundry, heating and cooling, and shower facilities, and that they are able to freely use convenience facilities in the transit area with a verified history of receiving regular health checkups.

The Ministry of Justice responded to the NHRCK by stating, "The father of child A did not face persecution in his home country, and during the refugee interview process, he stated to the effect that he 'planned to find a job and provide support so his son could receive an education in South Korea.' Therefore, we regarded the victims' refugee application as manifestly unfounded solely for economic reasons."

In response, the NHRCK stated, "While the victims may have experienced restricted movement, monotonous meals, and psychological stress, this cannot be viewed as an inhumane result caused by state power wrongfully forcing or neglecting them," and dismissed that part of the complaint.

However, the NHRCK pointed out that the situation must be viewed differently for a 10-year-old child in the midst of critical developmental years.

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

(File Photo: Yonhap News)