How National Approaches Manage the Legal Limbo of Asylum Seekers: A Comparative Study of Japan and South Korea

This thesis examines how national approaches manage the legal limbo of asylum seekers in Japan and South Korea while their refugee status determination is pending. Asylum seekers are often placed in precarious conditions because of their uncertain status and restrictions on their rights. This study explores how national approaches shape the precarious conditions and how they differ between Japan and South Korea. By conducting qualitative comparative research, this research analyzes each national approach based on both primary and secondary sources. Although both Japan and South Korea are signatories to the 1951 Refugee Convention and its 1967 Protocol, they are known for a restrictive stance towards refugee acceptance with a low recognition rate. Despite these similarities, their frameworks are different in several aspects. A comparison of these similar countries highlights how different national approaches influence on living conditions of asylum seekers. This study mainly compares around four dimensions: (1) Refugee status determination, (2) Legal status while pending, (3) Control of asylum seekers without legal status, and (4) Rights and restrictions of asylum seekers while pending. The identified similarities and differences in these four aspects clarify where legal limbo is created and how it varies between Japan and South Korea.