North Korean Asylum Seekers in the West: Is Dual Nationality Dispositive?

Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under law. This Article explores the implications of this holding. Given dual nationality, are necessarily refused status because they can protected in Korea? Or there still routes refugeestatus may available? finds continue potential paths forward their search for West. There broadly speaking, four different types protection arguments evident jurisprudence from major host states. These are: (1) an asylum seeker possesses a well-founded fear persecution Korea as well NorthKorea; (2) nationality does not provide right enter country, and should therefore disregarded; (3) recognized it is bestowed manner consistent international norms; (4) individual falls into exceptional category whereby he or she lacks nationality. Each ofthese has proved successful certain cases, provisionally.