The National Human Rights Commission (NHRC) has recommended devising 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.

A 10-year-old boy, identified as A, and his father, who are from Mali in West Africa, entered the country last year while applying for refugee status.

However, after the Ministry of Justice decided not to refer their case for review, they have remained in the departure lounge of Incheon Airport, living there for about a year.

They filed an administrative lawsuit to appeal the decision not to refer their case, but lost in the first instance, and the appellate trial is currently underway.

Meanwhile, in October of last year, they filed a petition with the NHRC, claiming that "leaving a refugee family to stay in the departure lounge inside the airport for a long period without any alternatives constitutes inhumane treatment and a violation of human dignity."

However, the conclusion reached by the NHRC, which launched an investigation, was different.

The commission stated that the departure lounge is equipped with laundry, heating, cooling, and shower facilities, that they can freely use convenience facilities within the transfer zone, and that records show they have received regular health checkups.

Furthermore, based on the Ministry of Justice's investigation findings—which included that A's father had not faced persecution in his home country and had stated during the refugee application and interview process that he "planned to find a job and support his son so he could receive an education in South Korea"—the commission dismissed the petition, viewing the applicants' refugee claim as being solely for economic reasons.

At the same time, the commission pointed out that the situation of boy A, who is at a critical age for growth and development, must be viewed differently.

The NHRC stated, "Unlike his father, boy A is in a situation where he must bear disadvantages resulting from actions for which he bears no responsibility," adding that "from the perspective of a child in their developmental years, significant disadvantages are persisting in terms of education, welfare, and emotional development."

It then recommended that the Ministry of Justice take corresponding measures, stating, "Alternative solutions must be devised to minimize the infringement of fundamental rights that should be guaranteed to a child, while still achieving the purpose of immigration control."

Reported by Kim Jiuk | Video edited by Kim Na-on | Design by Lee Su-min | Produced by SBS Digital News