From Heroes to Helpless Refugees

A CDA of The Representation of North Korean Refugees in South Korean Law

Diala Ibrahim Arsofli

International Migration and Ethnic Relations

Master Thesis 30 credits

Spring 2020: IM639L

Supervisor: Christian Fernández

Word count: 20402

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Abstract The dictator ruled North Korea is not a country many North Koreans chose to live in voluntarily. Thousands of North Koreans must endure starvation, public executions, prison camps, rape, and numerous other human rights abuses daily. As a result, many choose to flee the country, hoping for a better and safer life in South Korea. This paper investigates how North Korean refugees are represented in the current North Korean Refugees Protection and Settlement Support Act and its Enforcement Decree Act. This study aims to examine the changes made to the Acts that are relevant to the representation of North Korean refugees in South Korea. I examine the Acts with Critical Discourse Analysis and Fairclough’s Three-dimensional Model of Discourse. The results suggest that the Acts contribute to the negative perception of North Korean refugees by some South Korean nationals. Unstable inter-Korean relations enhance these negative attitudes.

Keywords: North Korean refugees, North Korean Refugees Protection and Settlement Support Act, Representation, Stereotypes, Critical Discourse Analysis.

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Table of Contents Abstract ...... 2

Acknowledgements ...... 5

1. Introduction ...... 6

1.1 Aim and Research Questions ...... 9

1.2 Delimitations ...... 10

1.3 Limitations...... 11

2. Background ...... 11

2.1 The Korean Peninsula in 1910-1953 ...... 11

2.2 Post-War Struggles in Leadership ...... 12

2.3 From Privileged to Poor Refugees ...... 13

2.4 Hanawon ...... 13

3. Review of The Research Field ...... 14

4. Philosophical Standpoint...... 17

4.1 Role of the researcher ...... 17

4.2 The CDA Approach...... 18

5. Theoretical Framework ...... 19

5.1 Stereotypes ...... 19

5.2 Stereotypes, Prejudice, and Discrimination ...... 20

5.3 The Realistic Conflict Theory ...... 23

5.4 The Social Learning Theory ...... 24

6. Methodology ...... 25

6.1 Critical Discourse Analysis ...... 25

6.1.1 Fairclough’s Three-dimensional Model of Discourse ...... 27

6.2 Validity and Reliability ...... 30

7. Design of the Present Study ...... 31 Arsofli Page 4 of 69

7.1 Method...... 31

7.2 Material ...... 32

8. Results ...... 34

8.1 Text ...... 34

8.1.1 Designated Titles in The Act ...... 34

8.1.2 Designated Titles in The Enforcement Decree Act ...... 36

8.1.3 Litosseliti’s Gender Bias Checklist ...... 37

8.1.4 Vocabulary, Grammar, and Syntax ...... 37

8.1.5 Notable Changes in The Act’s Addenda 1997-2019 ...... 38

8.1.4 Notable Changes in the Enforcement Decree Act’s Addenda 1997-2018 ...... 38

8.2 The Production of The Acts ...... 39

8.3 Conservative vs Progressive Agenda ...... 42

9. Analysis & Discussion ...... 45

9.1 The References ...... 45

9.2 The Addenda ...... 47

9.3 The Theories ...... 48

9.2.1 The Realistic Conflict Theory ...... 48

9.2.2 The Social Learning Theory ...... 49

10. Conclusion ...... 51

References ...... 54

Appendix A ...... 65

Appendix B ...... 67

Appendix C ...... 68

Appendix D ...... 69

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Acknowledgements I would like to express my gratitude to my previous supervisor Sayaka Osanami Törngren and my then supervisor Christian Fernández for their support, comments, and patience with me through the course of writing this thesis.

Studying a masters in a field practically alien to me and subsequently writing this thesis have been an emotional rollercoaster. I would not have been able to get through the writing process and the pandemic that enveloped it without the unrivalled support of my family.

I am also sincerely grateful to my friends Helena and Karolina who helped me get through this process in one piece regardless of how emotional the ride was.

I dedicate my research to you.

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1. Introduction The dictator ruled North Korea is not a country many North Koreans chose to live in by their own choice. Thousands of North Koreans must endure starvation, public executions, prison camps, rape, and numerous other human rights abuses daily. As a result, thousands of North Koreans choose to flee the country (Human Rights Watch, 2018; Ryu & Park, 2018; Ulferts & Howard, 2017). As of December 2019, an estimated 33,523 North Korean refugees entered South Korea since 1998 and 72.1% of these registered refugees were women (Ministry of Unification, 2020a). Important to note is that North Koreans have been defecting the North for the South even before the 21st century. According to Lankov (2006), an estimated 10% of the entire population fled North Korea after the division of the Korean peninsula and up until the end of the Korean War (pp. 108-109). Regardless, the Ministry of Unification only showcases the North Koreans who defected between 1998-2019 (Park, 2019, p. 112). Defecting is far from an easy matter, and the journey from North Korea to South Korea is far from easy, but the hope for a better life encourages thousands of North Koreans to risk their lives for freedom. North Korean beaches, shores, and the borders are heavily guarded with soldiers and under constant surveillance. Even if one manages to bribe the stationed soldiers, landmines and electric wires are still obstacles a refugee must overcome (Lankov, 2006, p. 109). Another option for defecting is through China as it borders North Korea. Nevertheless, there is still the risk of being caught by human traffickers or spies who actively deport North Korean refugees as the Chinese government does not regard them as refugees (pp. 109-110).

On the other side of the border, in the capitalist South, the Ministry of Unification is responsible for the North Korean refugees that reach the country (Ryu & Park, 2018; North Korean Refugees Protection and Settlement Support Act, 2019). The 33,523 North Korean refugees who left North Korea between 1998-2019 and were registered are a minority population and make up 0.06% of the country's 51,709,098 citizens (Ministry of Unification, 2020a). According to Kim and Atteraya (2018), once a North Korean refugee enters South Korea, they are screened to determine whether they are a genuine refugee or not. If they are deemed genuine, they immediately acquire South Korean citizenship (p. 1189). Once out of the screening process, the North Korean refugee is granted entrance into a very generous support system that ‘normal’ refugees who seek refuge in South Korea are not admitted to (ibid.). This generous system was implemented through the North Korean Refugees Protection and Settlement Support Act (2019) in 1997 and was amended over the years. Arsofli Page 7 of 69

South Korea has two Acts that address refugees with complementary Enforcement Decree Acts, namely the North Korean Refugees Protection and Settlement Support Act (2019) and the Refugee Act (2016). The former targets the North Korean refugees who enter South Korea while the latter addresses any refugee whose nationality does not fall under that of ‘North Korean’. My interest rests in addressing the legal framework of the former Act. Consequently, I will not be addressing the Refugee Act as this is neither a comparative study nor within the scope of this research.

This research was motivated by several factors associated with the treatment of North Korean refugees who reside in South Korea. Previous research recorded since the early 2000s, that discrimination has been very evident in South Korea since the migration flows of North Korean refugees skyrocketed. With the increasing flows of North Koreans, the previous laws that addressed the Northern refugees began to change and ultimately customised according to the human capital of the immigrants. Consequently, the political tone towards North Korean refugees shifted from addressing them as heroes to helpless refugees (see, Choi, 2018; Lankov 2006). Moreover, interviews done by Asian Boss support these studies. Asian Boss is a YouTube channel that interviews Asians across Asia and has since 2016 been conducting interviews with North Korean refugees in South Korea. Their interviews ranged from asking about the quality of life in the South to the attitudes of its people. Asian Boss also asked about their views, experiences, and current situation in South Korea. What caught my attention was the negativity directed at some North Koreans. The interviewed North Koreans spoke of negative experiences with South Korean citizens who would approach them with prejudice, discrimination, harassment and social exclusion due to their different yet similar origins (Asian Boss, 2016, 2017a, 2017b, 2017c, 2017d, 2017e, 2017f, 2017g, 2017h, 2018a, 2018b, 2019a, 2019b, 2019c).

During my research, I developed several perceptions of the South Korean government and their leaders over time. I noticed a connection between the government and the South Korean people’s perception of foreigners and North Korea as if they went hand in hand. This research was motivated by the confusion I had regarding the connection between the Acts and the South Korean society. I sought to understand why previous studies have repeatedly claimed discrimination against North Korean refugees and blamed it on the legislations and the South Korean government. If the Acts supposedly support the refugees generously, then why do previous research call for the laws to be adjusted? Has the South Korean government been disagreeing with the Acts over time and Arsofli Page 8 of 69

consequently been transmitting negative biases to the South Korean people? I decided to turn to linguistics as within it I could draw in on tools that examine representation in discourse.

In this research, I seek to investigate how North Korean refugees are represented in the South Korean legal discourse by examining the North Korean Refugees Protection and Settlement Support Act (2019) and its Enforcement Decree Act (2018). I aim to address and analyse general representation, sexism and gender bias, discrimination, and stereotypes in the legal texts. By examining the five concepts above, my goal with this research is to approach the legal texts from various angles to include and subsequently encompass the various forms injustice can take shape.

To carry out my research, I propose a multidisciplinary approach linking the disciplines of social science and law. According to Brettel and Hollifield (2015), law and social science go hand in hand when it comes to the careful examination of a state (p. 15). They argue it is common to analyse legal texts to examine a state since legislation is the resume of society (p. 15, p. 289). Elaborating, they state that this type of analysis is also called an institutional analysis where a researcher carefully reads legal texts and examines statistics (ibid. p. 15). The interconnection between the two disciplines will be linked further by incorporating the disciplines linguistics, sociology, and gender studies. This research proposes the application of critical discourse analysis to combine the disciplines under Norman Fairclough’s (2010) Three-dimensional model of discourse.

Analysing a legal text is not similar to examining an advertisement, a press release or a newspaper article which is commonly done when approaching a discourse with critical discourse analysis. Legal texts are formal and use a language that requires a certain level of knowledge within a language. I have a bachelor’s degree in English studies but remain humble to the language of the legal texts as the format is alien to what I have approached previous to this research. I have organised and executed this paper ultimately to contribute to the lacking literature on the Acts. I have yet to encounter research that addresses the Acts through a multidisciplinary approach in English. Therefore, I aim to contribute with my methodology to hopefully encourage research- fellows to shed more light on the Acts and what they encompass.

Before moving on to the structure of this paper, I will briefly address the terms “refugee” and “defector” as they reoccur in both this paper and when referring to North Koreans who leave their country for another. During my research, I found scholars using the terms interchangeably regardless of their minor differences. According to the Oxford English Dictionary, the term Arsofli Page 9 of 69

“refugee” typically refers to a person who is seeking refuge from somewhere due to different reasons such as war, religious persecution, political matters, or the effects of a natural disaster. The term “defector”, however, refers to a “person who defects from a person, party, organisation, or cause” (2020a; 2020b). In other words, not all North Koreans who leave North Korea are defectors, but most of them are refugees. As a result of this difference, I have chosen to address North Koreans in South Korea as refugees in this research.

Another essential point to mention is the presentation of Korean names. In this research, I present Korean names as Family name + First name. i.e. Rhee (family name) Syngman (first name) instead of Syngman Rhee or Kim (family name) Il-sung (first name) instead of Il-sung Kim.

The study proceeds as follows. After presenting the aim and research questions that guide this paper, I conclude this section with the paper’s delimitations and limitations. In the second chapter, I briefly address the historical and political backgrounds of the Korean peninsula pre and post its division. The third chapter presents the previous research conducted on North Korean refugees in South Korea and explains where I situate this research. The fourth chapter elaborates on my philosophical standpoint. The fifth chapter presents the theoretical framework of this research. The sixth and seventh chapters include the methodology and the design of this study, where I explain the method and material. In the final three chapters, I present the results and attempt to discuss and encapsulate the findings of the analysis.

1.1 Aim and Research Questions This empirical study aims to examine the North Korean Refugees Protection and Settlement Support Act (2019) and its Enforcement Decree Act (2018) through a multidisciplinary approach. This research aims to examine how the Acts represent North Korean refugees and how this representation has developed over time. Two main research questions and two sub-questions lead this research.

As discussed above, North Korean refugees are shown to be discriminated against by many South Korean citizens due to several factors associated with the refugees. These factors could be their social, financial, or educational status or their place of origin. After scholars made these claims, they continued to call for changes in the legislation. Therefore, I first seek to reveal whether this discrimination is reflected in the chosen medium by asking the following research question: Arsofli Page 10 of 69

RQ1: How are North Korean refugees represented in the current North Korean Refugees Protection and Settlement Support Act and its Enforcement Decree Act?

I am also interested in addressing the different sexes and whether they are represented differently in the Acts. Indeed, studies have shown that there is discrimination concerning gender roles before and after North Korean refugees settle in South Korea. Consequently, my first research question is followed by two sub-questions that deal with how the Acts address the sexes:

SQ1.1: How are North Korean men and women represented in the Acts?

SQ1.2: Are there visibly assigned gender roles assigned within the Acts?

Finally, I wish to examine what the changes made to the Acts had of effects on the South Korean perception of North Korean refugees. I aim to do so by examining the political history of South Korea, focusing on the possible change of attitudes since 1988. Consequently, I seek to answer my second research question that directly addresses the changes made since 1997 and two sub-questions aimed at the sources that affected the changes and the political objectives behind them:

RQ2: How did the representation of North Korean refugees change since 1997?

SQ2.1: What are some of the sources that influenced the production and changes of the Acts?

SQ2.2: How did the political agendas since 1988 affect South Koreans’ perceptions of North Korean refugees?

1.2 Delimitations I purposefully chose to focus on the North Korean Refugees Protection and Settlement Support Act and its Enforcement Decree Act (henceforth, the Act and the Enforcement Decree Act, respectively) as I was interested in examining their different levels of texture, production, and distribution. As a result of this choice, I will be ignorant of any legal texts that may act as clarifying or supporting to my chosen Acts. Examples of such legal texts are the previous legislations that came before the current, the South Korean Constitution, the Citizenship Act, the Refugee Act, and Nationality Act, and others. Regardless of these delimitations, I argue that examining the political history of the inter-Korean relations can suffice in encapsulating the context of the Acts before and after their promulgation. Understandably, I could go into a first-hand analysis of all supporting legal texts. However, due to time constraints, this research does not allow for it. Arsofli Page 11 of 69

1.3 Limitations This research was partly affected by the COVID-19 pandemic in 2020. My access to physical libraries, and consequently literature, was limited mid-way significantly when Denmark announced its lockdown. I was, therefore, unable to access data unavailable online or in my immediate possession. This hurdle has affected my ability to conduct the qualitative analysis of my results on the level of depth I desired.

2. Background The following sub-sections present a brief account of the events that shaped the divided Korean peninsula. This chapter illustrates what is perhaps not considered common knowledge to the general audience and therefore, does not act as a deep historical review. In the chapters that follow this chapter, I illustrate the past and current picture of the two Koreas leading up to the current situation under Presidents Moon Jae-in and Kim Jong-un of South and North Korea, respectively.

2.1 The Korean Peninsula in 1910-1953 For this study, a summary of the history of Korea from 1910-1953 is essential for understanding what divided and afterwards shaped the Korean peninsula. Before 1910, Korea existed as one united country for almost 1300 years (Sørensen, 2004, pp. 21-22). Between 1910- 1945, Japan annexed Korea and aimed at erasing the Korean people’s sense of national identity, replacing it with its own (Grant, 2005, p. 5). During World War II in August 1945, Japan was attacked by the US on the 6th, and the Soviet Union invaded the Manchu Empire on the 8th (ibid.). As a result, Japan withdrew and lost Korea. The Soviet Union invaded Korea that same month and triggered the US to strike a deal with the communists. The two superpowers agreed to divide Korea into two areas: the communist North and the capitalist South. The division of the country was not a symbolic one. Overnight, the US decided to draw a line on the 38th parallel since Korea’s capital city Seoul is located under the division line (Sørensen, 2004, pp. 24-25). The division of the country came with its complementary rulers: the communist Kim Il-sung and the liberal Syngman Rhee (Grant, 2005, pp. 6-11). The divided peninsula is now called the Democratic People's Republic of Korea (DPRK) in the north and the Republic of Korea (ROK) in the south. The Soviet Union and China supported the North while the US and its allies supported the South. After the division, North Korea’s leader decided to invade South Korea in 1950, causing the Korean War to break out (Hastings, 2013, p. 567). The war lasted three years and 33 days (Grant, 2005, p. 47) and came to a standstill with the signing of the Korean Armistice Agreement on 27 July 1953 (Sørensen, 2004, p. Arsofli Page 12 of 69

29). The Agreement also birthed the Korean Demilitarized Zone, which is an area that divides the previously united Korean nation roughly in half (ibid.). After the war’s end, the Soviet Union, China, the UN, and the US eventually withdrew from the two newly split Korean nations. It allowed the new states to govern themselves (Grant, 2004, pp. 48-51).

2.2 Post-War Struggles in Leadership Since the division in 1945 and the war’s end in 1953, the two countries have each had their fair share of challenges. In the South, the South Korean leader Syngman Rhee was exiled after a student demonstration in 1960 that killed 115 (Pratt, 2007, pp. 264-269). According to Pratt (2007), “[t]he first three presidents all ended their terms of office in unhappy style, and even the next two, the most popularly elected and democratically inclined, saw their reputations marred by scandal” (pp. 275-276). The reference here is to the killings, oppression, dictatorship, and misconducts the first five presidents were involved in (ibid. pp. 264-269). The five presidents who ruled after Rhee all had a background in the military. It was not until 1988, where a more liberal approach was introduced through President Roh Tae-woo (ibid.). The road to democracy was a bumpy one for South Korea as its presidents came from a variety of backgrounds. As of today, South Korea has had 12 rulers in total since 1948, and its current leader is President Moon Jae-in (Encyclopaedia Britannica, 2017).

The change in rulers in the North did not shift as ‘frequently’ as in the South. Since 1948, North Korea has had three rulers in total. Their first ruler was Kim Il-sung who ruled from 1948- 1994, followed by his son Kim Jung-il from 1994-2011, and currently, the country is ruled by Kim Jong-un, the son of the previous leader (BBC, 2019). According to Pratt (2007), Kim Il-sung was Stalin’s choice for North Korea’s leader (p. 269). Stalin’s choice ultimately resulted in the birth of the Kim ‘dynasty’. The Kim dynasty has been ruling their people under a totalitarian system for decades. A system where people’s opinions are neither heard nor regarded. Propaganda, manipulation, and oppression are few of the hardships the North Koreans must endure daily (Pratt, 2007, pp. 270-272). The education in the North is tremendously propaganda heavy (Asian Boss, 2017a). Moreover, children are taught that their ‘Dear Leader’ is their father, whom they should never cross (Pratt, 2007, p. 270). Resonating with the filial piety way of thinking that permeates much of the Asian region and their customs, this indebts them further under the rule of the dictatorship. When the great famine or ‘Arduous March’ hit its peak in 1998-1999, the North Arsofli Page 13 of 69

Korean regime failed to address the crisis resulting in North Koreans fleeing to the South in desperation for a better life (Kim & Atteraya, 2018, p. 1189).

As shown above, neither North nor South Korea started with experience in governing a country since the peninsula’s division. According to Pratt (2007), both countries revisited “authoritarian control based on traditional notions of legitimisation, and the Neo-Confucian appeal to respect for hierarchy and superiority” (p. 274). As a result, their attempts to govern their respective countries were heavily influenced by the imperial Chinese style government that includes military oppression and undercover agencies that aid the law’s enforcement (ibid.).

2.3 From Privileged to Poor Refugees The North Korean refugees that chose to seek refuge in South Korea and other countries were at first encouraged to do so by the South Korean government. According to Lankov (2006), South Korea welcomed refugees of elite status such as ambassadors and military officials with open arms due to their invaluable knowledge on North Korea (p. 109). However, when the Soviet Union dissolved in 1991, the number and social status of the refugees changed, and South Korea’s interest in them plummeted suit (ibid.). The years between the late 1970s to the early 2000s were troublesome times for North Korea. Natural disasters, an economic crisis, and consequently, famine struck the country (Seth, 2018, pp. 153-222). Not only did South Korea go through a significant technological development North Korea could not compete with but being closed off from the rest of the global market began to show its wear on the Northern state’s economy. The famine hit an all- time high between 1998-1999, and it was estimated that between 2-3 million North Koreans passed (ibid. pp. 194-195). It is therefore not surprising that poor and less well-off citizens began to flee the country in the 90s (Lankov, 2006, p. 109). Due to the differences in the technological development between the two Koreas, the newly arrived refugees had less useful information and required more work to incorporate them back into a very different society. Consequently, South Korea started changing their refugee and inter-Korean legislation and policies from spoiling refugees to selectively picking the “best” ones (ibid. pp. 117-118). In the years 1997-1998, South Korea implemented the North Korean Refugees Protection and Settlement Support Act (2019) and its Enforcement Decree (2018).

2.4 Hanawon Once in South Korea, North Koreans are enrolled in the House of Unity, Hanawon. Hanawon serves as a preparation for social adaptation (Ministry of Unification, 2020b). According Arsofli Page 14 of 69

to Demick (2010), Hanawon was opened in 1999 and currently serves as a life school that teaches North Korean refugees about the South Korean system and how to live within it on their own (p. 249). She describes how the government places North Koreans on a three-month training curriculum that focuses on three different types of training programmes. The programmes focus on easing anxiety, overcoming cultural barriers, and practical training for earning a livelihood (ibid.). The refugees also relearn the peninsula’s history as the one they were taught is filled with propaganda. They are taught about human rights and democracy, sex education, and other practical matters, such as using different electronic devices (ibid.). According to the Ministry of Unification (2020b), Hanawon also prepares refugees for settlement which includes registration of family relations, housing, and financial benefits. Moreover, the system incorporates the refugees into the social safety net, which offers fundamental living security and medical care, and vocational and educational support (ibid.).

The Ministry of Unification established a non-profit public organisation in 2010 called the Korea Hana Foundation or the KHF (Korea Hana Foundation, 2020). The KHF offers various forms of support, and they cooperate with the central and local governments as well as the private sector (Ministry of Unification, 2020b). The KHF runs 25 regional adaptation centres called the Hana Center across South Korea (ibid.). The centre was founded based on the “Act on the protection and settlement support for North Korean defectors” (Korea Hana Foundation, 2020). To help the North Korean refugees settle down and integrate in South Korea, the KHF has implemented projects tailored for them such as immediate resettlement, medical expenses, employment, youth education, and others. Important to note here is that the KHF actively works towards spreading videos and advertising campaigns aimed at reducing the psychological gap between North and South Korean residents (ibid.).

3. Review of The Research Field Copious studies have been conducted on North Korean refugees from across various disciplines. Regrettably, due to language barriers, I was unable to examine research published in Hangul (Korean) and therefore, cannot include any in this chapter. Nevertheless, I did encounter numerous studies published in Hangul listed in the reference lists and footnotes of the undermentioned scholars.

The medical field has published numerous reports on mental illnesses, such as PTSD and depression, and physical and mental violence at home and in South Korean society. While some Arsofli Page 15 of 69

scholars call for changes in the then-current laws, others state the need for more reliable formal and informal support for vulnerable refugees. These studies nearly all conclude that South Korean society is not welcoming to North Korean refugees post-Hanawon phase. This behaviour results in adverse reactions such as self-isolation, depression, and high drop-out rates during high school and university years (Emery et al., 2015; Jeon et al., 2008; Kim et al. 2018; Ryu & Park, 2018; Park et al., 2019a; Park et al., 2019b; Shin & Lee, 2015; Um et al., 2015; Watson, 2015).

Studies on North Korean refugees have also commonly been focusing on North Korean refugees’ citizenship status in South Korea. These studies examined whether naturalised North Koreans were treated equally to an ethnic South Korean on the job market, at school, and in daily life (Choo, 2006; Wolman, 2014). Wolman’s (2014) research examines the South Korean citizenship status of North Korean escapees. He examined the South Korean Constitution, the North Korean Settlement and Support Act, and Nationality Act, and other relevant legislation. He states that the practical availability of citizenship rights for North Koreans are rendered ineffective as they lack a detailed legal description of the North Koreans’ rights. Wolman calls for changes to be made to the Acts of 2014 claiming the language unclear in how it depicts citizenship when acquired by a North Korean refugee. In the same vein but taking a different approach, Choo (2006) examines the same citizenship status but through a feminist lens. Choo analyses how gendered modernising projects in South Korea shape North Korean settlers’ citizenship experiences. She aimed to analyse the different strategies put into action to integrate North Korean settlers. She concludes by proposing the notion of “ethnicised citizenship” to describe her perception of how North Koreans are integrated into South Korean society through gendered and ethnicised methods.

Ample research has been directed at examining the struggles of North Koreans resettling and integrating in South Korea. This field of research addresses an array of attempts to integrate men and women of all ages into the South Korean society, be it through sports, politics, education, or religious activities. The research often concludes by calling for more focus to be put on helping the vulnerable cohort by customising integration instead of basing it on prejudice and an inflexible mould. This prejudice is often described as some South Koreans expecting North Koreans to assimilate and adapt swiftly due to their common racial background. Moreover, studies have shown that many within the South Korean society expect swift assimilation regardless of the discrimination they direct at the North Korean refugees (Bidet, 2009; Hur, 2018; Jeong & Kim, 2016; Kim & Atteraya, 2018; Lankov, 2006; Park & Ok, 2017; Riley et al., 1951). Arsofli Page 16 of 69

Studies examining South Koreans’ perceptions of North Korea and its people has also been fruitful. These studies tend to focus on how South Korea treats North Korean refugees, what the South Korean society thinks of the governments’ actions, and finally, how the North Koreans are treated. The results point to similar conclusions, indicating that many South Koreans in their 20s are unhappy with how the South Korean government ‘pampers’ North Korean refugees through the various programmes offered upon settlement. The dissatisfaction combined with the mass media’s representation of the Northern neighbours has birthed either indifferent attitudes or discriminating approaches among some South Koreans. The researchers’ call for action is commonly directed at policymakers to encourage mixed classrooms, positive media campaigns, and to improve education aimed at shedding a positive light on North Korean refugees and those who still reside in North Korea (Collet & Bang, 2016; Kim, 2016; Kim et al., 2018; Um et al., 2015).

Early and recent research have been calling for changes in the North Korean Refugees Protection and Settlement Support Act and other related laws and policies (Bidet, 2009; Choi, 2018; Kim et al., 2016; Kim & Atteraya, 2018; Lankov, 2006; Shen, 2016; Wolman, 2014). Further calls for change have also risen from researchers whose focus were the citizenship status of North Korean refugees in South Korea and the integrations methods. These studies often review the predecessors of the Act and the political discourses that caused these changes. Curiously, none of the scholars addressed how North Korean refugees are represented in the legal discourse. Lankov (2006) and Choi (2018) came close in their research. Lankov’s (2006) study examined the political and societal discourses since the end of the Korean War and how the Seoul government had been reacting to the changing legislation. He describes Seoul’s attitude towards the refugees as being a somewhat negative tone as it is focused on North Korean refugees’ human capital (pp. 105-128). Choi (2018) offers a more recent study that builds upon some of the points Lankov rises. Choi (2018) was concerned with addressing the numerous changes made to the name of the Act before 1997. He discovered how with the change of political leaders followed a new name, and from time to time, the name was changed several times under the same leader (pp. 93-94).

As can be seen, none of the previous studies mentioned examined the Acts through a multidisciplinary approach that addresses representation. Kim’s (2014) study is the closest research that applies a similar methodology to this research paper. Kim (2014) investigates the politics of inclusion and exclusion embedded in South Korea’s multicultural education documents. He approaches the data through critical discourse analysis and applies Fairclough’s (2010) model. His Arsofli Page 17 of 69

research concludes that there remains a lingering deep-rooted “ethnocentrism” in South Korea that prevents it from becoming a fully fleshed multicultural society.

Regardless of the lack of linguistic approaches to the South Korean legislation, the contributions of the studies mentioned above are essential for understanding the context of South Korea and its power relations towards North Korean refugees. Most of the listed studies address South Korean laws to some extent. While some scholars chose to refer to them briefly in order to explain a then-current situation, other scholars addressed several legal texts and policies directly and openly blamed some of the laws for the damaging effects they had on North Korean refugees. Notwithstanding, the literature on how North Korean refugees are represented in the Acts remains unexplored territory. This research attempts to further the understanding of the representation of North Korean refugees in the Acts by examining the linguistic, discursive, and social practices of the chosen data.

The present study contributes to the existing literature on North Korean refugees in South Korea by focusing on a context that is perhaps quite different from previous studies, that is, the exploration of representation in South Korean law. As presented earlier, leading this research are questions aimed at examining the representation of a particular refugee group that, according to both law and previous studies, wrap the North Korean refugees in a very generous bundle. To examine representation, I address some factors found under the concept representation. I investigate whether gender roles and sexism are evident in the data and what stereotypes or prejudice there might be. I also seek to reveal how negative representation could have emerged by tracing the political history and subsequently political agenda since 1988 to reveal some of the sources.

4. Philosophical Standpoint 4.1 Role of the researcher For the present study, I approach my data with Critical Discourse Analysis (henceforth, CDA) and my philosophical standpoint is that of ontological relativism and epistemological subjectivism. I examine two legal texts through CDA, meaning my involvement with the data is on a hands-on level. Regarding my involvement with the field, I only have a personal interest in the subject area and do not have any personal ties to North Korea or South Korea, nor have I previously engaged in professional or volunteer work related to North Korean refugees. Moreover, I do not speak, read, or understand the Korean language Hangul. As a result, the data I was capable of collecting were translations and not the original legal texts. Concerning my connection to the field, I Arsofli Page 18 of 69

consider myself an etic who is viewing data from an outsider’s view instead of an emic who would be an insider (Simon, 2011). Since I am an outsider looking into a society thousands of kilometres away from where I currently reside, I have the disadvantage of not understanding the South Korean society and culture on a deep level. Moreover, I have never engaged with a South Korean on an acquaintance level, nor have I been to South Korea. Regardless of being an outsider, I remain influenced by my views towards refugees as both of my parents have been refugees.

Although I have a lack of connection to South Korea and have been influenced by my parents from their experiences as refugees, I am confident that these weaknesses are my strengths as they allow me to view and examine the South Korean state critically. Since I have neither lived nor been associated with South Korea or North Korea, the bias I have towards my data and the Korean peninsula is very limited to general media observations. With these advantages, I am positive that I can contribute to the existing literature on North Korean refugees in South Korea with my multidisciplinary approach which, strictly speaking, would be challenging to execute if I allow myself to be too subjective. I have enclosed my personal experiences as I deem it necessary to be transparent in my views and prejudice when examining any social construction through a qualitative approach. Without transparency, readers of this research would be incapable of judging the legitimacy of my results and consequently unable to judge its reliability.

4.2 The CDA Approach This research aims to examine legal discourse with CDA to attempt revealing the way(s) North Korean refugees are represented. To conduct my examination, I draw upon a multidisciplinary theory rooted in social constructionism (Fairclough, 2010, p. 5; Jørgensen & Phillips, 2002, p. 4). According to Jørgensen and Phillips (2002), CDA is a “complete package” that includes method and theory as a “theoretical and methodological whole” (p. 4). They state that theory and method are intertwined and urge the researcher who applies CDA in their empirical study to take the whole package without leaving any of its components out. They list four components that encompass CDA: (1) “philosophical (ontological and epistemological) premises regarding the role of language in the social construction of the world”, (2) “theoretical models”, (3) “methodological guidelines for how to approach a research domain”, and (4) “specific techniques for analysis” (ibid.). The presented four components are according to the researchers found in numerous CDA approaches, and Fairclough’s approach is one of such approaches. Arsofli Page 19 of 69

As explained in the previous paragraph, I consider my position as an outsider advantageous due to the limited prejudice I ultimately hold. Concerning CDA, objectivity is challenging to accomplish due to the qualitative nature of CDA. Regardless, having applied this approach before this research, I quickly realised the importance of objectivity as subjectivity is swiftly revealed if little research is conducted and presented in the discussion. In other words, this approach tends to reveal the intentions of its researcher since it usually requires a copious amount of research to encompass the macro and micro levels of the chosen data. I now first direct my attention to this research’s theoretical framework before diving into Fairclough’s framework,

5. Theoretical Framework The analysis of representation is often connected to media studies (Davis, 2004; Hall, 1997; Ott & Mack, 2019). Critical media studies have often examined and revealed power abuse in its various forms in both old and new products, i.e. texts (Ott & Mack, 2019). One of the shapes of power misuse is often seen in is stereotypes. Apart from media studies, theories on stereotypes are also commonly found in the field of sociology. For this research, I apply two theories from sociology. Before presenting the chosen theories, I will first examine the term “stereotype” and what it entails. I then examine the term’s relationship with the terms “prejudice” and “discrimination” ending with the presentation of the chosen theories.

5.1 Stereotypes According to Ashmore and Del Boca (2015), stereotypes are linked to attitudes and prejudice that oversimplify and exaggerate traits found in different ethnic groups in an often- incorrect manner (pp. 6-7). Ott and Mack (2019) argue that when stereotypes are accepted, they tend to become socially oppressive (p. 208). They claim that “a stereotype is a misleading and simplified representation of a particular social group” (ibid.). Stereotypes are common as they help individuals categorise and navigate society. Although many are inaccurate, stereotypes “form mental shortcuts that allow us to quickly make snap judgements about individuals and move on” (ibid. p. 209). In her book Choosing Ethnic Identity, Song (2003) confirms what has been described thus far and adds that stereotypes are “reductive and crude” elaborating that they are “an integral part of how racialised regimes of representation operate” (p. 35). With these arguments in mind, I digest that the representation of a group is often heavily influenced by the stereotypes people of power hold. In this research’s case, the people responsible for the production of the Acts must then Arsofli Page 20 of 69

hold power over the government and ultimately the South Korean society. I will return to this argument later during the analysis.

The relationship between stereotypes and the chosen data lies in the calls for change in the legislations I discussed in Chapter 1. As explained briefly earlier, previous research has repeatedly called for changes in laws and policies to improve the quality of life of North Korean refugees. These claims were made on the grounds of the results of various studies conducted on North Korean refugees in South Korea. The said studies often conclude that blame should be directed at specific laws and policies as they indirectly encourage discrimination towards North Korean refugees in South Korea. In other words, some scholars blame legislation for the discrimination some South Koreans convey to North Korean refugees. I seek to reveal and evaluate whether the Acts that directly address North Korean refugees encourage such behaviour and attempt to trace the changes and the agendas connected to these changes since the promulgation of the Acts.

As I examined previous research on North Korean refugees in South Korea, I encountered various stereotypes addressed by researchers. Consequently, I chose to collect some of those stereotypes and list them under two different tables to discuss later and compare my results with them. In Appendix B, I present two tables of stereotypes: (1) Gender-specific stereotypes and (2) General stereotypes. I collected the stereotypes from papers across the disciples published between 2004-2018 (Bidet, 2009; Choo, 2006; Collet & Bang, 2016; Han & Kim, 2004; Kim et al., 2018; Kim & Atteraya, 2018 Lankov, 2006; Sung & Go, 2014;). In my example below, I will be using some of the stereotypes found in this previous research to flesh out the main elements of the context of this research.

5.2 Stereotypes, Prejudice, and Discrimination Bar-Tal and colleagues (1989) define stereotypes and prejudice as social constructs typically the products of the organisation of different cohorts and consequently group membership excluding other members of a society (pp. v-vi). Stroebe and Insko (1989) argue that the concepts ‘stereotype’, ‘prejudice’, and ‘discrimination’ are rooted in humans’ attitudes towards one another (pp. 3-12). They explain that the concept ‘stereotype’ has two categories ‘outgroup’ and ‘ingroup’. Outgroup stereotyping depicts negativity while ingroup stereotyping is often positive (ibid.). An example of outgroup stereotyping could be University X students stereotyping University B’s students and vice versa. Ingroup stereotyping could be University X students glorifying each other with stereotypes or degrading one another. The dangerous thing about ingroup stereotyping is that it Arsofli Page 21 of 69

can lead to ethnocentrism. Ethnocentrism is when a group favours the ingroup members and devaluates the outgroup non-members. Extreme examples of ethnocentrism are Nazi parties and KKK.

Stroebe and Insko (1989) argue that it is difficult to isolate the concept ‘stereotype’ from the concept ‘prejudice’. Stereotypes can be both positive and negative and are the “beliefs or opinions about the attitudes of a social group of its members” (ibid. p.8). Prejudice, however, is often detrimental as it commonly conceptualises negative attitudes of a group. Regardless, prejudice can also be positive as it can favour a group over another (ibid.). The relationship between stereotypes and prejudice lies in the attitude. Stroebe and Insko theorise that if a group has positive stereotypes categorising another group, then the prejudice will be positive, too.

A context-relevant example can be produced by applying some of the negative stereotypes I found in previous research. If a South Korean perceives North Korean refugees as “a threat”, “selfish”, and ‘uneducated’, then the attitude and consequently prejudice of North Korean refugees for that person will most likely be negative. If that South Korean then spreads these stereotypes to friends, family, and colleagues and more people adopt these negative attitudes, North Koreans will be favoured less and less. In theory, then, if South Koreans build negative stereotypes about North Korean refugees, perhaps even before they meet them be it through friends or family, refugees are at risk of facing negative attitudes upon confrontation. The dangerous thing about such negative attitudes encompassing equally negative stereotypes and prejudice is the birth of discrimination.

According to Stroebe and Insko (1989), stereotypes and prejudice only become real issues when acted upon. They categorise this type of behaviour as discrimination. Discrimination is the result of negative attitudes reaching a climax that can lead to discriminatory behaviour towards an outgroup be it through verbal or physical violence or power misuse (p. 10). The issue with discrimination is the difficulty in measuring it. The researchers argue that claiming discrimination based on observation can lead to misunderstandings. Moreover, they argue further how discrimination and people acting on it is not always the result of both prejudice and stereotypes, indicating that predicting discriminatory behaviour is very difficult to achieve. I address discrimination only through linguistic means, indicating that I go in-depth with how the framework of the Acts could result in discrimination and injustice. Therefore, I will not be examining examples of North Korean refugees being discriminated against leaving that to other research fellows. Arsofli Page 22 of 69

Stereotypes, prejudice, and discrimination found in the previous research have commonly presented the accounts of some North Korean refugees. On the job market, North Korean refugees are often either paid less than a South Korean or not offered the position at all (Lankov, 2006, p. 124). In educational institutions such as school, high school, and university North Korean students often have to adapt to a “Seoul accent” to fit in and use English terms to prove their integration (Choo, 2006, p. 590). North Korean parents often scold or punish their children verbally and physically for not speaking in a particular accent or dressing a certain way (Sung & Go, 2014, p.11). Pressure also lies on the exterior as South Korea is a capitalist country where the wealth and social status of an individual are significant.

Consequently, some North Koreans struggle with keeping up with the current fashion trends or luxury items required to fit in modern South Korean society (Sohn, 2013). When North Korean refugees fail to integrate accordingly, and even if they do but are revealed to be from the North, they are often discriminated against either verbally or through action (Sung & Go, 2014, pp. 10-11). Jobs are perhaps given to less able individuals, and students are bullied for having an accent or dressed “poorly”, and so forth. In worst cases, North Korean individuals isolate themselves, develop the fear of speaking to or asking for help from South Koreans, risk returning to North Korea regardless of the consequences, or commit suicide (Noh et al. 2016; Um et al., 2015). These examples are some of the results previous scholars have revealed about South Korean society over the years. These results and others encourage some scholars to point the finger at policymakers and people of power in South Korea to change laws and policies that have resulted in these negative experiences (Chung, 2014, p. 337).

I now turn my attention to the theories chosen for this paper that I judged successful in encapsulating the essence of the defined concepts. Stroebe and Insko (1989) present a handful of theories that address the concepts of ‘stereotypes’, ‘prejudice’, and ‘discrimination’. According to these scholars, when analysing stereotypes and prejudice at a societal level, a researcher must distinguish between motivational and nonmotivational approaches that translate to coercion vs integration theories of society (p. 13). Coercion theorists see societies as organisations held together “by force and constraint exerted by a few members of a society who dominate and suppress the majority” (ibid.). According to this perspective, societies are assumed to be characterised by conflicts of interest that partly is the cause for justifying the suppression of the powerless (ibid.). Attached under this first level of meta-theoretical perspective are conflict theories of stereotypes and prejudice. Integration theorists negate the former theory and instead approach social cohesion Arsofli Page 23 of 69

and social order as the result of a “general agreement of values that outweighs all possible or actual differences of opinion or interest” arguing that values are transmitted to members of a given society through socialisation deeming stereotypes and prejudice a part of a societal heritage (ibid.). This approach includes social learning theories under the second level of the meta-theoretical perspective.

The theories chosen for this research are the Realistic Conflict Theory and the Social Learning Theory. I chose to include one theory from each of the approaches in my attempt to deepen my analysis and consequently, understanding of the connection between the Acts and the societal representation of North Korean refugees. The theories were applied on both the micro and macro levels of the analysis to examine the effects the Acts had on the South Korean perception of North Korean refugees. The next two sub-sections explain the theories chosen.

5.3 The Realistic Conflict Theory The realistic conflict theory sees prejudice “as the outcome of intergroup competition for some scarce resource” (Stroebe & Insko, 1989, p. 14). This theory addresses groups that see other groups as a threat to a state’s resources. An example of such a resource could be social resources, i.e. prestige and status within a society (ibid. p. 15). To illustrate with a fictitious example, using this paper’s focus cohort, I draw on the relationship between South Koreans and North Koreans once again. Imagine a South Korean applying for a job and then discovering post-interview that a North Korean refugee with perhaps less or equal experience was hired for that same position because of the benefits the Act might have provided. The knowledge of these benefits could lead to negative attitudes if the South Korean knows of the benefits or had been told that North Koreans receive special treatment by the government. Some of the stereotypes I found during my research derived from the competition on the South Korean job market. The realistic conflict theory theorises that such competition over scarce resources, should there be a lack of jobs in the given country, could lead to stereotypes, prejudice, and in worse cases discrimination towards the group ‘threatening’ the majority.

The relevance of this theory lies in how it addresses negative attitudes deriving from competition. Although this paper will not be examining the South Korean labour market, it will examine how the public consumes the Acts and what this consumption could have of effects. Therefore, this theory contributes with its argument that if two or more cohorts fight over a similar valuable product, some of the groups are likely to exclude and devaluate other groups in favour of Arsofli Page 24 of 69

their members making it more difficult for other groups to prosper. This situation could happen in a society where the majority group is dominant and ethnocentric. Therefore, if the results of the analysis reveal that the representation of North Korean refugees is overly favourable and supporting in the Acts, there could be a chance of negative attitudes deriving from this governmental and even institutional preferencing of refugees over South Korean citizens.

5.4 The Social Learning Theory Social learning theory, unlike the previous theory, does not “assume a motive to derogate outgroups” (Stroebe & Insko, 1989, p.15). According to this theory, stereotypes and prejudice are either the result of observations of “actual differences between groups” or based on “social influences deriving from sources such as mass media, schools, parents, and peer groups” (ibid.). The main difference between this theory and the previous is that instead of blaming scarce resources for negative attitudes, it theorises that individuals or specific groups are the cause of these attitudes. For example, if a South Korean couple raises their children to believe that North Korean refugees are educated and well-behaved people then the children will probably grow with the positive perception of their Northern neighbours. However, if at school children are taught that North Korea is a dangerous place where people are unpredictable and a threat then children will most likely grow negative attitudes towards their Northern neighbours (ibid. pp. 15-17).

This approach can be applied to the study of ethnic, racial, and gender stereotypes which this paper partly addresses. Stroebe and Insko (1989) discuss that previous research has shown how social roles are integrated and consequently socialised and normalised through societal values and norms regardless of whether these stereotypes were right or wrong (p. 16). The scope of this paper does not permit a more in-depth analysis of every type of stereotype. However, it does allow for an examination of whether the Acts promote gender stereotypes or sexism. The examination of gender representation and bias will be accompanied by a checklist presented below.

To summarise, this theory emphasises that education, communication, and direct observation as “bases for the development of stereotypes and prejudice” making it a meaningful extension of conflict theories (Stroebe & Insko, 1989, p.17). By combining the realistic conflict theory and the social learning theory, this research examines the source of the representation North Korean refugees are designated. I am aware of two factors that weaken my choice of theories: (1) they are dated, and (2) I am addressing them from a shallow perspective. However, I argue that they Arsofli Page 25 of 69

remain relevant in their approach to the abovementioned concepts as they do encapsulate representation conveniently.

6. Methodology 6.1 Critical Discourse Analysis CDA introduces a profound theoretical and methodological toolbox that contains a vast number of tools. These tools can be applied across all disciplines and function as a gateway to multiple levels of analysis. CDA is an interdisciplinary methodological approach used to study discourse in social practice (Fairclough, 1995, p. 6). According to Strauss and Feiz (2014), CDA contributes to the discovery of the “connections between the use of language and the exercise of power” to assist people in comprehending discourse (p. 312). Moreover, this approach is often applied by scholars who are “politically committed to social change” and tend to “take the side of oppressed social groups” (Jørgensen & Phillips, 2002, p. 46). CDA is used to investigate human communication through written, spoken, and electronic text by pulling the discourse apart layer by layer (Gillen & Petersen, 2005, pp. 146-148; Jørgensen & Phillips, 2002, p. 61). CDA is also referred to as a micro-macro-based analysis of any given discourse, which includes graphic discourses and facial expressions (Strauss & Feiz, 2014, p. 316). The main aim of this theory is typically to uncover any injustice or misuse of power in discourse through critical analysis. Through CDA, a researcher can uncover misrepresentation, inequality, manipulation, exclusion, and hegemony by analysing the ideologies and history of the source (ibid., p. 313; Jørgensen & Phillips, 2002, pp. 60-95). Consequently, CDA applies to a variety of socially constructed productions such as mass media, advertisements, and press releases. Contrary to the exemplified discourses, I believe CDA and specifically the systematic, empirical study of language use model I introduce below can be applied to legal discourse. Law is, after all, human production and therefore, a social construct. The Acts I chose to examine did not appear out of thin air but were produced over time and changed to accommodate the South Korean government’s political ideologies as reviewed earlier. I address this point further in the analysis and discussion.

The tool I chose from the CDA toolbox is Norman Fairclough’s approach to critical discourse analysis. Fairclough’s approach is the cornerstone of this research paper. Fairclough (2010) is concerned with developing “ways of analysing language which address its involvement in the workings of contemporary capitalist societies” (p. 1). His focus is on capitalist societies due to capitalism being the current dominant economic system and its effect on “all aspects of social life” Arsofli Page 26 of 69

(ibid.). He elaborates on his choice by explaining how capitalism affects and ultimately plays a big role in the “major changes in politics, in the nature of work, education and healthcare, in social and moral values, in lifestyle, and so forth” (ibid.). South Korea, as explored in its historical background, is a capitalist country by origin due to its strong influence by the US, making it a state worth examining using Fairclough’s approach to CDA.

Fairclough’s (2010) view of CDA entails three basic properties: “it is relational, it is dialectical, and it is transdisciplinary” (p. 3). With ‘relational’ Fairclough refers to social relations. In other words, the way people communicate across various media and methods. He states that what constitutes social life is “meaning, and meaning making” (ibid.). With ‘dialectical’ he refers to the “relationship between objects that are different from one another but not (…) fully separate in the sense that one excludes the other” (ibid). He gives a relevant example of power and discourse. They are different from one another, but either can ‘flow’ into the other. For example, the law is a discourse that has power in a society. However, that discourse can be applied as a power to punish people (ibid.). To put it into sharper perspective, the Acts are legal discourses with substantial power over North Korean refugees who enter South Korea. With these legal texts, the Ministry of Unification can decide what to do with the refugees be it grant them citizenship or deport them. Finally, with ‘transdisciplinary’ he refers to how well CDA communicates with other disciplines. Theories, concepts, and frameworks from CDA can take part in developing the theories and methodology of other disciplines (ibid. pp. 3-4; Jørgensen & Phillips, 2002, pp. 60-95). Fairclough sees CDA as a methodology and not as a method since he regards the approach as a “theory-driven process of constructing objects of research” (ibid. p. 5). This indicates that researchers should situate their research not solely in one method or theory but find a transdisciplinary way to include other relevant theories. He elaborates stating that these relevant theories could be found across other disciplines than from the one the researcher comes from (ibid. pp. 5-6). In the case of this research, I incorporated the theories from Sociology, namely the realistic conflict theory and the social learning theory.

The ‘critical’ part of CDA is the critique of society and the analysis of what is wrong with it. CDA aims at revealing how these “‘wrongs’ might be ‘righted’” (Fairclough, 2010, p. 7). In other words, turning society into a ‘good society’. To achieve a ‘good society’, Fairclough argues that this requires “critique that is grounded in values” (ibid.). Fairclough elaborates further stating that CDA seeks to understand how capitalism limits the “well-being and flourishing” of humans (ibid. p. 11). In the case of the South Korean legislation, the critique will fall into the second and third levels of Arsofli Page 27 of 69

Fairclough’s (2010) model. Finally, Fairclough presents three common misconceptions of CDA and responses: (1) “Not simply an analysis of text, but instead an analysis of discourse in relation to social process.” (2) “Not just commentary on texts, but a systematic analysis of discourse.” (3) “Not simply descriptive, but addresses the “social wrongs” and ways to right them” (ibid. pp. 10-11).

From the description above, it should be understood that CDA is not merely an intense approach to analysing grammar. CDA also addresses metaphors, euphemisms, dysphemism, and figurative language within a discourse (Staruss & Feiz, 2014, p. 316). Through this tool of micro- analysis, one may connect the results to the “macro-level messages of power, control, racism, hegemony, dominance, and discrimination” that are either consciously or unconsciously transmitted by the source (ibid.). Fairclough (1995) stresses the importance of not neglecting the discursive process of a text and describes them as being “social spaces in which two fundamental social processes simultaneously occurs: cognition and representation of the world, and social interaction” (ibid. p. 6). To summarise, a text can be broken apart to clarify how it represents a world, what its intention is, and from what context it derives from (ibid. pp. 6-7).

6.1.1 Fairclough’s Three-dimensional Model of Discourse Having gone through the fundamental elements of CDA, I now turn to how this approach is applied in this research paper. Fairclough Three-dimensional Model of Discourse is divided into three levels of analysis: (1) text, (2) discourse practice, and (3) social practice. Below is a brief run- down of how each level is applied. The methods presented were collected from Fairclough (2010) and Jørgensen and Phillips (2002). Before explaining each level, I must note here that Fairclough’s (2010) model is often applied by starting from the second level discourse practice. However, in this research’s case, I will be explaining and starting with the first level and henceforth move back and forth between the levels during and after the analysis.

The first level requires the researcher to break down a text and investigate its vocabulary, grammar, and language for possible signs of power abuse or manipulation (Fairclough, 1995, pp. 7- 9). On the first level, I utilise Litosseliti’s Language Bias Checklist to deepen the analysis with her list of ten types of language bias. On this level, a vast collection of analysis tools can be applied to approach a text from various angles. Fairclough (1992) proposes several elements that can be applied on this stage, such as interactional control, cohesion, politeness, ethos, grammar, transitivity, theme, modality, word meaning, wording, and metaphor (pp. 235-237). I have selected only a few of his proposed points since this is not research situated in the linguistic discipline. Arsofli Page 28 of 69

Moreover, several of his concepts cannot or would hardly work on my chosen data due to its perhaps too refined and formal nature.

One of the types of stereotypes I will be focusing on is sexism in discourse. To do so, I will be applying one of the lists Litosseliti presents in her book to assist me in finding perhaps commonly overlooked terms or phrases. Ott and Mack (2019) describe sexism as “discrimination based upon a person’s sex” (p. 205). Litosseliti (2006) categorises sexism as bias in a language (p. 24). Other terms she applies are sexist wordings and semantic derogation (ibid. p. 24; p. 47). She presents in her book Gender and Language: Theory and Practice ten points that attempt to encompass many of the commonly seen biases found in diverse discourses such as mass media and political statements. The said list will partly lead the analysis of the Acts and is situated on the first level of the chosen model. Since the first level addresses the text, this list fits well as it offers a different angle of analysis. I have chosen to call her list Litosseliti’s Language Bias Checklist as the scholar does not name it herself. Her ten points can be found in Appendix A. Briefly, the list consists of ten areas of bias that can be found in the English language (ibid. 14). The ten points she introduces might not all be relevant for the data chosen for this research. However, I have regardless decided to apply the list on Fairclough’s first level to (1) test out the list on legal discourse and (2) to approach the Acts from as many angles as possible. Consequently, the first level of the model attempts to reveal the different elements of representation discussed earlier.

I chose to incorporate this list into Fairclough’s (2010) model due to the high amount of female North Korean refugees that migrate to South Korea. I hypothesise that if the majority of the refugees are female, then perhaps the laws contain some context or reference on the sex. Notwithstanding, I address both sexes with Litosseliti’s list, although it is mainly aimed at the female sex. The main issue with this list is how little it addresses formal language. The list is evidently conducted to address mass media than legal texts. Moreover, the primary sources in this research are translations from Hangul to English, indicating that the language could have been ‘polished’ for the international audience. As a result, there is a high chance that the list will not be able to pick out any biases if applied to law. Michael Halliday’s functional grammar inspired Fairclough’s first level of the model (Jørgensen & Phillips, 2002, p. 65). On this level, I thoroughly examine the North Korean Refugees Protection and Settlement Support Act (2019) and its Enforcement Decree Act (2018) by analysis of among other factors references, grammar, and word choice. Arsofli Page 29 of 69

The second level addresses the processes and refers to how the text is produced and consumed (Jørgensen & Phillips, 2002, p.81). On this level, I examine what kinds of processes the Acts went through before promulgation and after enforcement. The references found on the previous level are connected and compared to the changes that caused them, i.e. the discourse practice. Fairclough (1992) divides the level into three dimensions: (1) “interdiscursivity and manifest intertextuality”, (2) “intertextual chains”, and (3) “coherence” (pp. 232-234). The objective of interdiscursivity is to specify the type of discourse a researcher is examining, and if possible, trace the type(s) of genres it draws or drew upon. Manifest intertextuality is concerned with elaborating upon the previous point by asking further questions to the text production and the hidden meanings and ironies behind a product. Intertextual chains address the transformation a text underwent before distribution and how it was distributed. Finally, coherence’s objective is to investigate how a text is interpreted. On this level, Fairclough (1995) was inspired by the Bakhtinian theory of genre (p. 2). Discourse practice is the connection between a text and social practice as it bridges the two levels. Its successful execution has been repeatedly stressed (Fairclough, 1992; 2010; Jørgensen & Phillips, 2002).

The third level analyses the cultural, economic, political, and environmental conditions of production and interpretation of the text (ibid. p. 9; Janks, 1997, p. 329). On this level, the brief history lesson presented earlier comes into play. Here I analyse the connection between the production of the Acts to the consumption and interpretation of them. Regrettably, I cannot present any field study conducted on how North Korean refugees and South Korean natives interpret the Acts. However, I draw on the political history reported in previous research to attempt encompassing an understanding of how the Acts affect society. It is on this level where the previous sections come into play as their execution is paramount for defining social practice. This is also the level on which I include my chosen theories and ultimately bridge the results to the discussion. The third level drew inspiration from the Gramscian theory of hegemony “(in analysis of sociocultural practice)” (Fairclough, 1995, p.2).

The model presented above does not come without its flaws. According to Jørgensen and Phillips (2002), the model is a good starting point but lacks the necessary details for the second and third levels (pp. 86; 89-92). Here they refer to the difficulty of tracking certain discourses such as mass media or other widespread discourses. Moreover, the third level does not come with a comprehensive guide. It seems that the model requires independent improvising on another level apart from a very multidisciplinary approach. Without a comprehensive understanding of the Arsofli Page 30 of 69

history of Korea, I would have struggled immensely with executing the last two levels. They require ample knowledge of the two Koreas, their politics, North Korean refugees, and South Korean attitudes from over the years. Regardless of these challenging requirements, I do not deem the application of this model impossible. However, it is very time-consuming.

6.2 Validity and Reliability According to Fernández (2019) and 6 and Bellamy (2012, p. 13), validity and reliability are essential factors when it comes to methodology. They describe validity as the relevance of the study, while reliability is defined as the precision and dependability of a study (ibid.). There are two types of validity and reliability: internal and external validity; and reliability of process and material (ibid.). In the case of this paper, internal validity is high as this research aims to be context-sensitive through the qualitative approach taken. The external validity of this research is arguable at a medium as generalisation beyond the actual data, and perhaps some South Korean attitudes would be challenging. Moreover, the ideology, and ultimately agenda, of the state in question can reveal how the government conceptualises South Korea. I will elaborate on the reliability of this research’s material under the heading ‘7.2’. The next two sections explain Fairclough’s (2010) model and Litosseliti’s Language Bias Checklist (2006).

According to 6 and Bellamy (2012), when a researcher conducts an inductive study, they start with a question and work their way towards constructing a theory or statement. This research is empirical and inductive as it attempts to answer specific questions about the social phenomena of North Korean refugees being discriminated against in South Korea by some South Koreans. This research conducts a within-case analysis as it seeks to isolate how references came to be and changed since 1997 in the Acts (p. 77). This indicates that the concern of this study is with how differences, i.e. the changes made to the Acts, are generated. Since this is case-based research, the focus in on the case, making the research more context-sensitive. When conducting case-based research, it is important to make use of an ample array of data of both the qualitative and quantitative type (pp.103-104) a point Fairclough (1995; 2010) stressed repeatedly. 6 and Bellamy argue, that “the strength of case-based research is its ability to capture the full significance of a complex data set” (p. 104). One of the limitations case-based research is that “it cannot analyse large numbers of cases or large volumes of data” (p. 105). As discussed in the delimitations, this research will remain ignorant of any references or relationships the Acts have to other South Korean Acts related to refugees and North Koreans. However, I do not find this ignorance a threat to the Arsofli Page 31 of 69

analysis as including too many laws could blur the unique understanding of the chosen Acts and what they entail. I will now turn my attention to the chapter on the design of this research.

7. Design of the Present Study 7.1 Method I conduct the analysis by first addressing the data and then the discourse and social practice. During the text analysis, I started by examining the recent versions of the Act and its Enforcement Decree Act from 2019 and 2018, respectively. I analysed the Act by applying the first level of Fairclough’s (2010) model, where I conducted a linguistic analysis before executing the same analysis on the Enforcement Decree Act. During this examination, I addressed the vocabulary, grammar, and syntax to tease out any negative or positive references to North Korean refugees. I focused on listing the different ways the focus cohort is represented to encapsulate the linguistic attitude of the legal texts.

After inspecting the Acts, I analysed them again by running them manually through Litosseliti’s Language Bias Checklist (2006). Once I examined the linguistic framework of both legislations, I began examining the addenda in chronological order starting from 1997. While conducting this examination, I took note of any significant changes to the Articles. Significant changes, in this case, meant the change of referencing, syntax, and the Acts themselves that could have affected North Korean refugees or the South Korean society’s perception of them. I did not take note of less significant changes such as punctuation unless relevant. Important to note here is that I did not examine every version of the Acts on the dates they were changed, but instead focused on the addenda as executing the former would require an ample amount of time. After addressing the addenda, I stepped upon the next level of the model, the discursive practice.

During my research, I found the second and third levels closely connected and chose to merge them to develop a better understanding of the data. The discursive practise entails as explained under heading ‘6.1.1’ the examination of a text’s production, distribution, and consumption. The social practice, which includes the conditions of the production, was closely intertwined with the actual production of the Acts. Therefore, I argue that addressing both levels together is applicable in this case study.

On the second and third levels, I paid close attention to the changes made to the Acts and took note of which rulers North and South Korea had at the time. I took note of the rulers as their Arsofli Page 32 of 69

ideologies and political agendas at the time could have influenced the production of the Acts. I examined a plethora of previous research conducted on the sixth President Roh Tae-woo, who served from 1988-1993 and every individual president that ruled after him until the current President Moon Jae-in. I took upon me this task to tease out any events or political actions that could have affected the shape of the Acts before and after their promulgation. When examining the previous research, I mainly focused on political and societal events in South Korea, political activities, inter-Korean relations drawing in non-Korean states when necessary such as the US and China, and the responses of the South Korean people to some of the political changes and events in that period. I did not conduct separate research on the North Korean rulers as their actions were visible in the studies on South Korean leaders. I also attempted to trace the events that led up to the changes of the Acts guided by the dates included in the addenda of each Act.

7.2 Material In Chapter 6, I briefly touched upon the validity of this research’s methodology. I now turn my focus to the reliability of the material. The data chosen for this research is, as mentioned earlier, two South Korean legal texts that address North Korean refugees who enter South Korea. The Acts were gathered online from the Korea Legislation Research Institute in January 2020. The Korea Legislation Research Institute translates Korean statutes into English and other languages to “promote global understanding of Korean legislation and global standing of the Republic of Korea by expanding foreign investment, trade and exchange, and to improve the convenience of foreign residents domiciled in Korea” (Korea Legislation Research Institute, 2020). The Acts were translated from Hangul to English by the Institute and are available to the public on their website.

I argue that the reliability of the process where I collected my data is high as my aim was to find the current legislations that addressed North Korean refugees. I did exclude other legislation that also addressed North Korea and its people since they were either not directly related to the focus of this research or would prove to be ample size-wise for the analysis. Some of the legislations I omitted were Acts addressing human rights, territory within North Korea, and kidnapped individuals.

When addressing a discourse, there is a difference between written and electronic text. A written text is defined as “paper, pencil, word processor, and print media” such as a handwritten letter. However, an electronic discourse is any “screen-based media” such as emails or websites (Strauss & Feiz, 2014, pp. 65-66). The data for this paper is of the electronic type and are accessible Arsofli Page 33 of 69

through the Korea Legislation Research Institute’s website. The Acts can be viewed by the latest update, the different versions, or one Article at a time. During my analysis, I switch between the three as it simplified the analysis process.

The reliability of the material is arguably around a medium as the data is translated from one language to another. Translated material can, I argue, be refined, or customised to an international audience for the sake of other intentions apart from showing transparency. I do not believe, however, that the legislations are fabricated in any way as the website does allow for a Hangul to English comparison of each Article within the Acts.

As explained earlier, I refer to the data as either ‘the Act’ and ‘the Enforcement Decree Act’ or ‘the Acts’ in the plural. The Act (2019) was first written in 1997 and enforced six months after its declaration (p. 19). The latest translated document is from 5 December 2019 (ibid. p. 25). The Act consists of 25 pages and contains 34 Articles spread over 19 pages. The remaining pages include the addenda. The Act was revised 20 times. However, I believe the editors mistakenly excluded one of the addenda and consequently referred to 19 revisions instead. The Enforcement Decree Act (2018) was first written in 1997 and enforced on 14 July 1997 (p. 30). The latest translated document is from 8 June 2018 (ibid. p. 37). The Act consists of 37 pages and contains 51 Articles spread over 30 pages. The remaining pages include the addenda. The Act was revised 37 times. The Acts are presented in a uniform manner starting with the name of the Act and followed by a list of addenda. The Articles follow straight after the list numbered and defined individually. Once the last Article is presented, the list of addenda at the start is explained in more detail until the end of the document. The document ends with the date of the last document update.

The secondary sources I chose to support my analysis and interpret the results are academic books on North and South Korean history, scholarly articles on North Korean refugees in South Korea and the rulers of both countries since the early 1990s, and the Enforcement Decree Act (2018). The scholarly articles I chose varied from being published in the Social Sciences field to the medical field. I did not delimit my selection of articles as rarely any article on my topic was irrelevant. As explained in Chapter 3, researchers from the Social Sciences found similar results to researchers from fields such as medicine and history. Articles I draw upon primarily are those of Lankov (2006) and Choi (2018). The Enforcement Decree Act (2018) was also used as a supporting document, apart from being a primary source data for the analysis, as it explains some of the Articles found in the Act. Arsofli Page 34 of 69

8. Results This chapter presents the results of Fairclough’s Three-dimensional Model of Discourse. I chose to temporarily separate the first text level from the two discourse and social practice levels for clarity. Moreover, the discourse and social practice levels are presented together due to their slightly tangled relations. First, I present the results of the text analysis. In this section and its sub- sections, I address the references found in the Acts and examine their contexts. I follow the presentation of the references with the results of the gender bias checklist and the grammatical findings. I then present the notable changes in the Acts. Second, I illustrate the discourse and social practice behind the text encompassing the relevant events that surrounded the production, distribution, and consumption of the data.

8.1 Text To answer RQ1 about how North Korean refugees are represented in the current Acts, I first examined the Acts by manually noting down any references to North Korean refugees before and after they reach South Korea. The discovered references were then listed under different categories to form an overview of the reference types. The categories I formed were References designated through the Act/Enforcement Decree Act, Pronouns, and Nouns. North Koreans were generally speaking all referred to equally with neutral pronouns, i.e. their, he/she, his/her, and nouns, i.e. person(s), father/mother, and children. However, there were several instances where specific references where applied to suggest the status of certain types of North Koreans. These references were designated through the Acts and functioned as titles assigned to a refugee depending on whether that individual is currently situated in the system or has yet to do so. Examples of some of these references are North Korean residents, Person(s) eligible for protection, Resident(s) escaping from North Korea, and A person applying for protection. Please refer to Appendix D for tables on the references found in the Acts. Do note that the tables do not include the references found in the addenda.

8.1.1 Designated Titles in The Act The designated titles were repeatedly applied depending on the Article in question. In Article 1 (Purpose) of the Act (2019), North Koreans were referred to as North Korean residents escaping from the area north of the Military Demarcation Line who desire to be protected from the Republic of Korea (p. 1). Before arriving in South Korea, North Korean refugees are referred to as Arsofli Page 35 of 69

North Korean residents a neutral title implying their legal status according to the South Korean law before being registered in South Korea. This title was only applied once in the Act.

The title Person(s) eligible for protection, however, refers to individuals who meet the requirements to be protected and therefore does not refer to all North Koreans. Article 2 (Definitions) in the Act (2019) describes the title as “a resident escaping from North Korea who are provided with protection and support pursuant to this Act” (p. 2). The Act lists several exceptions where a North Korean is not eligible for protection in Article 9 (Criteria for Protection Decision) of the same Act among them being international criminal offenders, disguised escapists, and “[p]ersons who have earned their living for at least ten years in their respective countries of sojourn” (pp. 6-7). This title is used repeatedly throughout the Act in contexts where the term “refugee” could have sufficed. I see this reference as excluding since it ultimately deems North Koreans who do not fill the criteria set by the government as illegible for protection. Whether the government deports such individuals after the screening process is not stated in the Act.

Resident(s) escaping from North Korea is a designated title mainly found in the addenda of the Act (2019) and once in Article 2 to describe the previously mentioned title. I found this reference to appear in the older versions of the Act to refer to North Korean refugees in general and did not act as more than an informative reference.

A person applying for protection was like the prior reference applied in the Act to explain a situation briefly. In this case, this reference was used in two passages once in Article 7 (Application for Protection, etc.) and once in the addenda (p. 5, p. 30).

The title A person who is likely to affect national security to the considerable extent was found once in Article 8 (Decision on Protection, etc.) of the Act (2019) and referred to how the eligibility of an individual should be decided (p. 6).

The designated reference Person eligible for employment protection was found in Articles 17 (Protection, etc. of Employment) and 17-2 (Limit on Employment Protection) of the Act (2019, pp. 9-10). This reference only applies to North Korean refugees who have been employed in South Korea. The Articles state the rights and consequences of the actions of both the employer and employee. Arsofli Page 36 of 69

8.1.2 Designated Titles in The Enforcement Decree Act North Korean refugees was a reference mainly applied as part of the Act’s full name. The one other instance where this reference appeared was in Article 2 (Organization of Consultative Council) of the Enforcement Decree Act (2018) where the reference was used in relation to the administration of North Korean refugees’ residence locations (p. 3).

Person(s) eligible for protection, like its usage in the Act (2019), is applied to refer to North Korean refugees who meet the requirements to become eligible for protection in South Korea. This title can also be seen as signifying North Korean refugees who have the right to be protected in South Korea. This reference appears numerous times both in the plural and singular form with similar implications.

Resident who has escaped from North Korea was applied once in Article 10 (Application for Protection) of the Enforcement Decree Act (2018) and referred to an individual “who has escaped from North Korea [and] may not apply for protection in person pursuant to the proviso to Article 7 (1) of the Act” (p. 5). The Article is followed by three points that hinder an individual from applying for protection in person. These hindrances are cases where an individual has a mental disorder, “[w]here a member of his/her family applies for protection by proxy of the rest of the family members”, and “[w]here there exist other urgent grounds” (ibid.).

An Applicant for protection is according to the context of the Articles in the Enforcement Decree Act (2018), a North Korean refugee who has not been designated as a person eligible for protection. The applicant is granted protection only temporarily until their application is processed (p. 6).

The title Persons who receive protection appears once in the Enforcement Decree Act (2018) namely in Article 25 (Provision of Protection Money or Goods, etc.) and refers to the provision of protection money or goods a North Korean refugee may be provided with post- screening and authenticity approval (p. 11).

Persons eligible for employment protection appears twice in the Enforcement Decree Act (2018) within Article 34-3 (Preferential Purchase) and is related to business owners who employ North Korean refugees (p. 18). The context of the Article indicates that business owners who employ at least seven North Korean refugees in a year as setting a positive example (ibid.). The Arsofli Page 37 of 69

Article continues to state that such employers’ goods are ensured to be preferentially purchased by “State, local governments, and other public organizations” (ibid.).

The reference Juveniles without relatives was applied four times within Article 38-2 (Support for Utilization of Communal Living Facilities, etc.) of the Enforcement Decree Act (2018) and was limited to “persons not accompanied by any lineal ascendant” (pp. 22-23). The Article states some of the rights of young North Korean refugees who arrived in South Korea without a guardian.

Person eligible for support for formation of settlement assets appears numerous times within Article 40-2 (Persons Eligible for Support for Formation of Settlement Assets, Provision of Grants, etc.) of the Enforcement Decree Act (2018). The Article addresses the rights of a North Korean refugee when it comes to support and the requirements for the different types of funding (pp. 26- 27).

8.1.3 Litosseliti’s Gender Bias Checklist To answer SQ1.1 and SQ1.2 that question sexism and gender roles, I examined the Acts again. I compared all references with Litosseliti’s Gender Bias Checklist to reveal any possible biases or derogatory language. I was unable to find bias or sexist language in either Act. Perhaps predictably, the language in both documents was as formal as expected earlier. Therefore, it is not surprising that Litosseliti’s list did not tease out any offensive language or terms that could have carried negative connotations. Men and women were represented equally in the Acts (SQ1.1) as seen in Appendix D. There were consequently no visibly assigned gender roles within the Acts (SQ1.2) as the rights listed in both documents did not differentiate between the sexes. The Acts only referred to specific individuals in particular Articles. For example, when referring to juveniles entering South Korea without a guardian.

8.1.4 Vocabulary, Grammar, and Syntax I expected the formality level of the data. The language was cohesive except for some unavoidable law-specific terminology (refer to Appendix C). The linguistic framework was found to be very consistent and avoided casual language and metaphors. However, I did encounter some spelling and punctuation mistakes. Regardless, I failed to find any significant errors worth mentioning. Arsofli Page 38 of 69

8.1.5 Notable Changes in The Act’s Addenda 1997-2019 The significant revisions visible in the addenda section in the Act (2019) were the changes made before its enforcement in 1997. Before the current law, the legislation that addressed North Korean refugees was titled “The Act on the Protection of North Korean Repatriates”. Notice here that the previous Act referred to North Korean refugees as “North Korean repatriates” (p. 24). The term “repatriate” indicates that North Koreans were previously regarded as having been sent back to their original country, i.e. South Korea, and not escaping from North Korea.

The previous Act was repealed upon the enforcement of the current Act (2019). As the new Act and its enforcement were promulgated, the first addenda from 1997 states in Article 4, addressing transitional measures concerning registration, that people who are registered as “North Korean repatriates pursuant to the Repatriates Protection Act at the time when this Act [the Act of 1997] enters into force, shall be regarded to be registered as persons subject to protection under this Act” (p. 24). This suggests that the Act of 1997 took over all responsibilities from the previous Act, which is a matter repeatedly stated in the addenda of 1997 (pp. 24-26).

Articles 6, 7, and 8 of the same addenda specifically address the effects of the new Act (2019). These Articles state that different types of support such as settlement money, compensation, accommodation support, and education protection will be dispensed “by the Minister for National Unification according to the previous provisions” (p. 25). Regrettably, I do not have access to the previous provisions and cannot compare them to the current legislation. Nevertheless, it is essential to take note of how previous North Korean refugees are provided with presumably different provisions than those who came after 1997. Another curious revision was found in the addenda of December 1999. In the second point of this addenda a specific cohort is referred to as “resident[s] escaping from North Korea after December 12, 1993” indicating possible events leading to changes around that time (ibid. p. 27).

8.1.4 Notable Changes in the Enforcement Decree Act’s Addenda 1997-2018 The Enforcement Decree Act (2018) did not reveal any significant changes as its primary function was to note the enforcement of the revisions of the Act (2019). As a result, I repeatedly encountered the passage “This Decree shall enter into force on the date of its promulgation” including minor details or a date (pp. 38-45). This document was subsequently categorised as a supporting document for the Act as it elaborated on some of the laws presented in the Act. Arsofli Page 39 of 69

Throughout the Acts, I noted repeated omissions of Articles and other information. I found this questionable as the omissions remained unexplained. Since this was a reoccurring matter, I presumed the omissions were for the sake of brevity and the avoidance of a very long document. An example of such an omission in the Enforcement Decree Act (2018) is similar phrases to “Articles 2 through 8 Omitted” (p. 44) and “Articles 2 through 5 Omitted.” (p. 42).

Having examined the Acts in detail, answered the RQ1 and SQ1.1 and SQ1.2, and partly answered RQ2, I will now step onto Fairclough’s model’s second and third levels. I first present the chronological order of events that affected the production of the Acts considering the presidents ruling at the time of production and distribution.

8.2 The Production of The Acts The relationship between North and South Korea has always depended on the ideology and political agenda of the current president in both states. The relationship also heavily depended on external factors such as diplomatic relations with the US and the former Communist Bloc. Consequently, the laws that previously decided whether a North Korean who had either defected or looked for refuge in South Korea could claim citizenship or not depended on the political agenda of the current ruler. The previous laws were studied to be more lenient than the current laws and would address North Koreans with a different tone (Lankov, 2006, pp. 117-118). As explained earlier, North Koreans who left their country for the South before the fall of the Communist Bloc tended to be of higher social class and status. The South Korean government deemed them and their knowledge worthy of South Korean citizenship and a sizeable monetary settlement. When examining the previous research conducted on the first democratic President Roh Tae-woo who served between 1988-1993, I was unable to reveal any information on neither his political work related to the Acts nor North Korean refugees who came before the promulgation of the current Acts. However, the studies about Roh’s years as the first democratic president of South Korea did reveal his political agenda that could have been related to the future construction of the Acts.

Former President Roh Tae-woo ruled until a year before the death of North Korea’s first President Kim Il-sung. His political focus was to turn South Korea into a more democratic and progressive state (Han, 1991, p. 102). Although not entirely successful due to the deeply rooted Confucian ideology many South Koreans possess, he was able to open the door for democracy for future presidents to expand upon the ideology (Han, 1991, p. 93; Youm, 1989, p. 63). Roh met a high resistance to this democratic change and was ultimately forced to abandon several of his Arsofli Page 40 of 69

original ideas about equality. Some of the actions that met considerable opposition and were labelled as “soft” by the South Korean people were his insistence on carrying his briefcase, meeting around a round table, and not requiring officials to stand when giving a report (Han, 1991, p. 102). His effect on South Korean law focused primarily on the Constitution as it was deemed authoritarian and promoted dictatorship (ibid. p. 103). This movement was met with great enthusiasm by the South Korean people due to their readiness for change (ibid.).

His successor former President Kim Young-sam served between 1993-1998. The Acts were as mentioned promulgated in 1997-1998 which situates former President Kim right at the start of the laws’ production. According to Yoon (1996), the former president certainly put his mark on South Korean legislation as his political focus was on changing several laws during his five-year presidency (p. 512). He was mentioned to have enacted laws related to campaign spending and political fundraising his focus being purging the government of corrupt public officials (ibid.). His actions eventually led his popularity rates to plummet as his politics became too “personality- based” a term Yoon (1996) claims is often characterised with South Korean leadership (p. 517). The lack of mention of Kim’s involvement with inter-Korean relations and ultimately North Korean refugees at that time could be due to his main focus being on purging the South Korean government and its military as well as improving the state’s economy (Cho, 2007, p. 558). Hitherto, there has been no evident events or actions reported regarding the production of the Acts. Former presidents Roh and Kim were both heavily invested in inter-Korean relations and their diplomatic relationships with the world, the economic crisis that hit East Asia, and rebuilding South Korea. Perhaps that is why previous research has neither reported on the discourses related to the relevant laws nor North Korean refugees.

The first mention of the Acts and North Korean refugees appeared in studies on former President Kim Dae-jung who served between 1998-2003. He was the founder of a political agenda called the “Sunshine Policy” a movement aimed at strengthening the then-current inter-Korean relationship by abandoning the “absorption” strategy and taking the “living in unity” path (Chang Liao, 2014, pp. 1043-1046). However, regardless of the hard work the former president put into implementing his policies and the sacrifices he made, including risking his life, the former North Korean President Kim Jong-il did not put enough effort into implementing the policy (ibid. 1045). Due to several diplomatic difficulties with the US, North Korea repeatedly broke its promise resulting in South Korean politicians and people losing hope for a future reunification (ibid.). To Arsofli Page 41 of 69

make matters worse, the US did not support the Sunshine Policy and provoked the North repeatedly during the Bush administration due to lack of trust in the latter (ibid. p. 1046).

Kim Dae-jung’s engagement policy eventually brought more benefits to North Korea than it did his own country, resulting in immense criticism from South Korean politicians and citizen (Hoare, 2008, p. 79). Due to a series of unfortunate events during former President Kim’s rule, the attitude of many South Koreans was unstable. Many South Koreans started with a very positive approach towards inter-Korean relations and eventually, by 2003 ended with negative feelings towards North Korea (p. 70, 80). North Korea started by being regarded as the “errant younger brother who has fallen on hard times and therefore should be helped” (p. 80) to South Koreans being reminded of the unstable years prior to 1997 where citizens were unable to “sleep easily at night” (p. 81). In their research on human rights in South Korea, Bae and Moon (2014) report that Kim Dae-jung and his successor Roh Moo-hyun ruled a progressive decade in South Korea between 1998-2007 (p. 17). Regardless, their approach differed as former President Kim ran the Sunshine Policy until former President Roh took over and ended the policy starting his own “Peace and Prosperity” policy (p. 21). In their research, they address the North Korean refugees who had gone to China and how they were treated there. According to their reports, China had struck a deal with North Korea to deport any North Koreans caught as they were not designated refugees (p. 20). They further state that even when North Korean refugees would reach South Korea, they would be discriminated against and treated unfairly (ibid.). Their report suggests that the focus of these previous presidents was more on inter-Korean relations and less on the well-being of North Korean refugees (pp. 21-24).

According to Bae and Moon (2014), the Kim Young-sam government had between 1993- 1998 moved from welcoming North Korean refugees who had come from China and later moved to a selective basis approach (p. 24). Kim Young-sam’s approach might be related to the phrase found in the Act (2019) regarding “resident[s] escaping from North Korea after December 12, 1993” under a section on “Retroactive Application concerning Employment Protection” (p. 27). However, I was unable to reveal the exact relevance between this Article and Kim Young-sam’s political influence on North Korean refugees. Bae and Moon (2014) state that Kim Dae-jung and his administration had decided to welcome all North Korean refugees and enacted the Act to support them (ibid.). Regardless of their achievements, both former presidents Kim and Roh, who ruled the progressive period in South Korea, were criticised for not paying enough attention to North Koreans Arsofli Page 42 of 69

residing in North Korea (p. 27). They were further criticised for having prioritised inter-Korean relations over the human rights of North Koreans (ibid.).

To summarise, former President Roh Tae-woo who ruled South Korea between 1988-1993 was the first South Korean president who led the state with a democratic approach. He was arguably the individual who finally broke through the authoritarian ideology and introduced democracy to the South Korean people. His successor Kim Young-sam’s political agenda was to purge the South Korean state of its eligibly “political soldiers” and un-democratic officials to cleanse South Korea from its dictatorship past. In 1998 he was succeeded by Kim Dae-jung who introduced the Sunshine Policy intending to democratise North Korea without absorption. Kim was the president who enacted the Act in 1998 and welcomed all North Korean refugees to South Korea.

The political events that led to the production of the Acts were numerous, and I only reviewed the essentials to illustrate the chronological order matters occurred in between 1988-2003. The most important events related to the Acts are the production of them under Kim Dae-jung and the different agendas that had to change in order for them to be produced in the first place. Interesting here is how Kim Young-sam preferred the higher standing defectors over the desperate refugees who came during and after North Korea’s economic crisis. They were led to defection by famine and neglect. However, Kim Young-sam chose to apply a selective approach due to what probably was more important for his political agenda at the time, namely inter-Korean relations. With this picture in mind, I now move on the next period continuing from former President Roh Moo-hyun and ending at the current President Moon Jae-in.

8.3 Conservative vs Progressive Agenda According to Chang Liao (2014), when Former President Lee Myung-bak was elected in 2003, he stopped the Sunshine Policy and approached inter-Korean relations through his Peace and Prosperity policy instead (p. 1047). Roh had reportedly actively encouraged defection from North Korea “through an open campaign”, and his efforts were met with force when North Korea toughened the border control measures (Bae & Moon, 2014, p. 30). According to Kim (2016), he was arguably the most controversial ruler due to both his background as a non-academic human rights lawyer and a very outspoken nature (p. 274). His personality gained him many young followers who believed in his mission to build diplomatic relations with North Korea and to “save” the North Korean people (ibid.). Regardless of his immense support, it was all for nought when he Arsofli Page 43 of 69

failed to live up to his promises and eventually lost most of his support in his first year as South Korea’s President (pp. 275-276).

Woo (2003) argues that Kim Dae-jung and Roh Moo-hyun had run a comprehensive engagement approach with North Korea indicating that they addressed North Korea as a negotiable partner whom they could gradually integrate through careful engagement (pp. 514-522). Their approach had its drawbacks as illustrated above since it would either neglect international relations or the South Korean state. The approach’s most prominent critics were the South Korean conservatives who believed North Korea was their enemy and should be absorbed immediately. Their focus was evidently on the ROK-US alliance (p. 522). In the early 2000s, it became evident that the supporters of the former approach were South Korean in their 20s at that time and its opposers the older generation who had experienced the Korean war first hand (Lee, 2006, pp. 127- 128).

According to Lee (2006), ethnic nationalism prospered throughout the above-illustrated period and even earlier (p. 124). South Korea’s population had remained homogenous, and its ethnic nationalism had prevailed over other ideas from across its borders (ibid.). The hardships of being colonised by Japan, the wars that followed and the inter-Korean relations only strengthened South Koreans’ resolve and their ethnic identity (ibid.). Consequently, many South Koreans saw inter-Korean relations as a national obligation or a spiritual cause (ibid.).

South Korean youth who were in their 20s at the start of the 21st century had not experienced the hardships of war. On the contrary, their only concerns had been getting a university degree and finding a job (Lee, 2006, p. 125). Consequently, their political ideologies were primarily of the progressive type and in favour of sympathising with North Korea (pp. 126-127). Surprisingly, their sympathy resulted in a great dislike towards the US as they viewed the larger state too dominant in the ROK-US relations (p. 127). They view North Korea with a “post-Cold War perspective” and see South Korea as the older brother who must help its younger brother (pp. 128- 129). The most significant issue many South Korean youth had at the time with North Korea was its rulers and how much monetary support South Korea was willing to offer (pp. 131-132). Education was very competitive at the time, and consequently, the labour market was not fruitful enough to accommodate all South Korean graduates (Dostal, 2017, p. 486). This competitive situation caused many South Koreans to adopt the “peaceful and gradual reunification” approach as they feared economic and social shocks (ibid.). Arsofli Page 44 of 69

Perhaps to the dismay of the younger generations’ preferred approaches, the following decade was ruled by the conservatives Lee Myung-bak and Park Geun-hye, respectively. Former President Lee 2008-2013 was a conservative ruler whose primary purpose was to improve South Korea’s economic standing (Park, 2008, pp. 40-42). His approach to North Korea was not as “lenient” and accepting as his predecessors. Instead, Lee focused exclusively on the denuclearisation of and business with North Korea (pp. 42-48). He was naturally met with challenges from both the North and the relationship with the US and China (pp. 48-49). He was heavily criticised for his management of the economy and ended his presidential career after being sentenced to prison (Sohn & Kang, 2014, p. 138). Lee was succeeded by the first female President in South Korea’s history and the daughter of the late Park Chung-hee who served between 1963- 1979.

Park Geun-hye is the daughter of an authoritarian ruler and a conservative at heart. Under her rule between 2013-2017, her political agenda entailed “economic democratisation” that was later dubbed “administrative democracy” due to her controlling nature and enthusiasm about applying similar methods to those of her late father (Doucette & Koo, 2016, pp. 198-202). Before and slightly after her first months of the presidency, Park made expensive promises to the South Korean public with the older generation in mind which were the majority of her voters (Sohn & Kang, 2014, p. 139). Many of the older South Korean population were as mentioned earlier survivors of the Korean War and the hardships that followed. Consequently, the majority experienced Park’s father’s authoritarian rule. His daughter’s rise to power made many elders long for the days where their contributions helped rebuild and build upon South Korea (p. 139). As a result, Park’s voters sought a similar rule. Her rule was arguably very reminiscent of her father’s evident when she staffed her advisors with military generals and political advisors who served her father (ibid.). Regardless of her immense popularity at the start, after breaking the promises she made for a greater and more prosperous South Korea her unrealistic political agenda eventually dragged down her popularity ratings among both the South Korean population and her party (pp. 140-141). With the arrest and imprisonment of the two former presidents, South Korea turned its attention back to the progressive parties and voted for the current President Moon Jae-in.

President Moon started his presidency in 2017 and is currently leading South Korea with a political agenda amply influenced by the Sunshine Policy (Kyu, 2018, p. 60). Moon seeks to build upon the work of the Roh and Kim Governments to “expand inter-Korean relations” (p. 61). He is approaching inter-Korean relations with a two-track approach, including dialogue and sanction (p. Arsofli Page 45 of 69

61). This approach argues Kyu has placed Moon in favour of the majority as his resolve to be a front player and “in the driver’s seat” has given hope for a future denuclearised North Korea (pp. 61-68). Moon believes that with dialogue comes peace and eventually denuclearisation (p. 64). However, regardless of his drive, his obstacles are numerous himself included. According to Hahm and Heo (2020), thus far, Moon has failed to accomplish the goals he promised his followers (p.11). Moreover, Moon allegedly refuses to change his tactics regardless of the results (p. 5).

To summarise, the South Korean rulers who came after Roh Moo-hyun served a decade of conservative rule that ended in their imprisonment. The current leader has brought back a modernised version of the progressive agenda of former Presidents Roh and Kim from the progressive decade 1998-2008. With section 8.3, I attempted to answer SQ2.1 and SQ2.2. I evidently cannot answer the sub-questions in full through a historical account of political events. However, I believe I demonstrated what attitudes might have emerged from different political events and agendas that occurred in South Korea. Consequently, the South Korean population could have formed different attitudes over the years towards North Korea and North Korean refugees due to these events. To address the emergence of these attitudes, I now turn my attention to Chapter 9, where the analysis and discussion commence.

9. Analysis & Discussion In the following sections, I discuss the results found in the Acts and their addenda concerning references applied to North Korean refugees. I then apply the theories presented in sections 5.3 and 5.4 to the political events that occurred after the promulgation of the Acts. Finally, I evaluate my method.

9.1 The References The information gathered and presented above illustrates the general chronological order of political events that led to the production, distribution, and consumption of the Acts. Moreover, the abovementioned reports demonstrate how the political ideology that dominates a state shapes the legislation of that said state. I have solely focused on the second half of the South Korean presidents due to their direct involvement with the Acts. Notwithstanding that the previous six played an essential role in shaping the laws due to their involvement with inter-Korean relations. I now turn my attention to analysing the references revealed by examining the Acts. Arsofli Page 46 of 69

As presented under sections 8.1.1 and 8.1.2, the majority of the designated titles were primarily applied as a general context-dependent reference to signify the current status of a North Korean refugee. The primary reference applied throughout both data sets was the designated title “Person(s) eligible for protection”. This reference was applied repeatedly in both documents and was defined in the Act (2019) as “a resident escaping from North Korea who are provided with protection and support pursuant to this Act” (p. 2). I argue that the reference signals a North Korean refugee who has obtained South Korean citizenship. I make this claim based on the framework of the Acts.

In the data, North Korean refugees are referred to as people eligible for protection regardless of the Article regardless of whether a law refers to contexts several years into the future or a few months. My concern is with how, regardless of whether an individual is newly naturalised or not, their designated title is a person eligible for protection. I understand the usage in the Articles directly addressing certain matters related to the early stages post-screening. However, why are refugees still referred to with the same title in Articles where the screening and naturalisation process is long over? I also question the neglect to mention the references “naturalisation”, “South Korean citizen”, and “naturalised citizen”. If a North Korean refugee who has been judged “eligible for protection” and given South Korean citizenship, then why does the law not refer to them as “South Korean” or “naturalised citizen” after naturalisation? I cannot answer these questions without conducting a further examination of different legislation related to my data set. However, I believe this matter is the result of either legal formalities or an issue with the translation. A third reason perhaps too crude to point out could be an insistence on referencing eligible North Korean refugees with the said title to signify a certain status.

Related to the previous argument, I rise another, explicitly addressing the repetition of the reference. According to previous research, the repetition of nouns and pronouns tend to produce cohesion for a reader. In contrast, the repetition of adjectives can produce an ideology intended for memorisation (Arsofli, 2017, p. 17). I argue that the repeatedly applied reference “person(s) eligible for protection” carries negative connotations and effects due to its repetitiveness. For an individual to be repeatedly referred to as a “person eligible for protection” can be degrading as they are never referred to as anything that carries strength or confidence, such as a South Korea citizen. Moreover, this type of reference is ultimately separating or dividing the newly naturalised North Korean refugees from the South Koreans going against the point of the legislation. I believe this reoccurring reference measures the worth of the individual refugee by referring to them as “eligible” and Arsofli Page 47 of 69

weakens their independence by categorising them as in need of “protection”. I consequently ask, how are North Korean refugees supposed to integrate into the South Korean society if they are categorised as a different type of citizen than that of the “normal” citizens?

Obviously, I do not promote neglecting North Korean refugees. I understand the North Korean situation and what it entails. However, this type of categorisation cannot be promoting a positive and encouraging picture to the South Korean public. If a person is continuously referred to as in need of protection, then that person might lose their confidence or believe that they, indeed, need help and protection for the rest of their lives. I do not believe the Acts promote self-reliance and individualism. Instead, the current Acts are referring to a group of individuals as a group of people who must be protected due to their place of origin. Furthermore, if other Acts do not treat South Korean nationals with similar benefits, then the Acts are ultimately neglecting the South Korean public and favouring North Korean refugees.

In section 5.1, I briefly discussed how the representation of a group is often heavily influenced by the stereotypes people of power hold. This is ultimately the situation in the case of this designated title. If North Korean refugees are referred to as people eligible for protection from the moment they are naturalised, then I argue that they have been labelled as weaker versions of South Koreans. Consequently, the people who hold power in South Korea and have done so since the promulgation of the Acts have categorised naturalised North Korean refugees as being weak and in need of help even after they settle in South Korea. The consequences of such treatment are possible negative attitudes from the South Korean people. I will discuss these attitudes further in the later sections.

9.2 The Addenda I found one significant revision in the Act (2019) and none in its Enforcement Decree Act (2018) relevant to referencing. The first revision visible in the addenda section in the Act were the changes made before its enforcement in 1997. The previous Act was referred to as “The Act on the Protection of North Korean Repatriates”. During and after Kim Dae-jung’s Sunshine Policy, North Korean refugees were addressed as “refugees” while his predecessors saw North Koreans who crossed the border to South Korea as “repatriates”. Repatriates, as briefly explained in Chapter 8, are people who have returned to their country of origin. This reference fits well within the pre-fall of the Communist Bloc context where North Korean refugees were regarded as heroes and not as refugees in need of protection. As Lankov (2006) states in his research, the previous refugees were Arsofli Page 48 of 69

defectors of high social standing in North Korea who often had valuable intel about their country (p. 121). Consequently, I argue that the reference “repatriates” is closely linked to the previous status of the former refugees. This means that the refugees who came to South Korea after the fall were not designated the title “repatriates” and therefore not seen as “heroes” carrying valuable intel, as Lankov (2006) argues. Whether this name change is degrading is arguable. The term “refugee” I believe, is not degrading. However, it does not carry the same strength and value as the word “repatriate”.

9.3 The Theories The next section details the application of the two chosen theories upon the gathered research on South Korean attitudes towards North Korean refugees and inter-Korean relations. To summarise the chosen theories, the Realistic Conflict Theory sees prejudice “as the outcome of intergroup competition for some scarce resource” (Stroebe & Insko, 1989, p. 14). The Social Learning Theory argues that stereotypes and prejudice are either the result of observations of “actual differences between groups” or based on “social influences deriving from sources such as mass media, schools, parents, and peer groups” (p. 15). The previous research presented in Chapter 3 claimed South Korean society to be too discriminating against naturalised North Korean refugees. I collected a variety of stereotypes commonly applied by some South Koreans between 2004-2018 and listed them in Appendix B. The previous research I examined that addressed the South Korean presidents did not address these terms. However, through a thorough examination, the reason behind the usage of some of these terms did emerge.

9.2.1 The Realistic Conflict Theory I apply the realistic conflict theory to the claims Dostal (2017) and Lee (2006) make regarding the South Korean economy and the South Korean youth. As reviewed in Chapter 8, the South Korean economy faced several hurdles due to the changing policies affected by the political agendas of the various presidents. Consequently, around the 21st century, young South Koreans at the time faced fierce competition both during their education and out on the labour market and still struggle to this day. The struggle to achieve a prestigious university degree and the competition over landing a secure job have been ongoing struggles for decades in South Korea (Dostal, 2017, p. 486; Lee, 2006, p. 132). This competitiveness over high social status and a luxurious lifestyle is mainly due to the lack of job positions in South Korea (Dostal, 2017, p. 486). Arsofli Page 49 of 69

When I gave an example about this theory, I illustrated a fictitious example of a South Korean national and naturalised North Korean refugee who had both applied for the same position. Now imagine what would happen if an employer, in the current situation South Korea is in with its staggering economic growth and very limited secure job positions, hires a naturalised refugee over a South Korean national due to the benefits the employer could gain from hiring the naturalised refugee instead of the South Korean national. I am not implying that the naturalised North Korean should not be supported. However, due to the lack of positions and the very competitive job market, the possible frustration of a South Korean national could lead to negative feelings. These negative feelings could then translate to stereotypes and prejudice about the naturalised refugee, such as “helpless”. Consequently, such negative attitude might get spread out in society. This chain reaction is not the norm in every hiring situation. However, it is possible that such events could lead to negative feelings within the non-preferred group or the “ingroup”. The same situation could happen the other way around, and it does quite often to a naturalised refugee according to previous research, as seen in Chapter 3. Individuals might start to harbour negative feelings and consequently stereotypes or prejudice and in worst cases, act upon them through discrimination.

This theory suggests that South Korean nationals view naturalised North Korean refugees as being a “threat” to the scares resource, i.e. secure job positions. The example above, placed within the current economic situation in South Korea, is very likely to occur and might already have done so. Therefore, I argue that this theory was successful in illustrating a fraction of the current competitive situation between South and North Koreans in South Korea. The theory simplifies a complex social phenomenon. Nevertheless, the theory can arguably be applied to simplify the understanding of how some discriminatory events might occur. Moreover, the theory can be applied to conduct a simple macro and micro examination of specific conflicts. I would argue, however, that generalising through the results of this theory would not be possible as it paints very complex situations with the same brush.

9.2.2 The Social Learning Theory Unlike the previous theory, the social learning theory claims stereotypes and prejudice as results of observations and social influences. As illustrated in Chapter 8, a long list of events affected the inter-Korean relations since 1988. Accordingly, the younger and older generations’ political ideologies tend to differ. While the older generation was often categorised as conservative, the younger generation was often seen as progressive. Both generations arguably affect one another. However, in South Korea where social hierarchy is often the norm, where the young listen and obey Arsofli Page 50 of 69

its elders out of respect can lead to family members adopting a similar political ideology (Peterson & Margulies, 2010, p. 46).

Observations of the political events since 1988 show how difficult the road is going to be for a peaceful reunification of the Korean peninsula. Political leaders of both countries differ significantly in ideologies and have built their countries based on stark diverse bases. Consequently, the confrontations have been numerous, and the fear for another war has led to several historical summits and efforts to co-exist in peace. However, the events thus far do not offer much hope for the South Korea people as they are continuously given empty promises by rulers who either abandon these promises upon presidency or simply fail to live up to their words. The South Korean people have thus developed and modernised, forgetting the past hardships their elders went through to build the country. Indeed, the major obstacle of most South Korean youth is not reunification or international diplomacy.

On the contrary, the majority simply wish for a chance to achieve good social standing in society through education and hard work. Therefore, I argue that the observations of the younger generation are starkly different from that of their elders who experienced the hardships of war. Consequently, the two generations’ perceptions and subsequently stereotypes of North Korean refugees differs. As discussed earlier, competition is the main obstacle. Therefore, the younger generation sees North Korean refugees and North Korea as an economic burden affecting their lives by pressuring their country’s economy. The older generation arguably views North Korea and its refugees as family or enemy depending on their political ideology and general familial relations to the North.

Social influence is closely linked with observations as the latter is often shared among family and friends. Although I cannot go in-depth on the South Korean education system or specific household research, I do argue that previous political agenda has affected the perception of North Korean refugees and consequently the social influence. According to Lee and Kim (2017), films from Kim Dae-jung and Lee Myung-bak’s periods about inter-Korean relations and North Korea heavily influenced the emotions of millions of South Korean nationals (p. 44). The South Korean media also plays a significant role in transmitting political ideologies due to it being tightly controlled by the ruling parties (see, Billet, 1990; Youm, 1989; Youm and Salwen, 1990). Even in education, South Korean propaganda was caught during Park Geun-hye’s presidency where she attempted to “cleanse” her family’s reputation and praise her father in history books meant for Arsofli Page 51 of 69

schools (see, Kim & Kim, 2019). Consequently, institutions and media could be tainted by previous and current political ideologies. These effects can affect the observations and shaping of attitudes towards North Korea and North Korean refugees in South Korea.

Finally, I believe it worth mentioning the significant work non-governmental organisations and Hanawon have executed to clarify the image of North Korea and North Korean refugees. According to Moon (2014), South Korean youth and naturalised refugees have been working towards improving communication between naturalised North Korean refugees and South Korean nationals within South Korea (p. 86). Hanawon has also reported being actively spreading educational videos to reduce the psychological gap between North and South Korean residents (Korea Hana Foundation, 2020).

10. Conclusion This research sought to examine how North Korean refugees were and are currently represented in the North Korean Refugees Protection and Settlement Support Act and its Enforcement Decree Act. The data was approached with Critical Discourse Analysis and examined through Fairclough’s three-dimensional model. The results were analysed with the Realistic Conflict and Social Learning theories to help shed light on how South Korean nationals shaped their perceptions of North Korean refugees. For this purpose, this study was guided by two research questions and four sub-questions.

The first research question and its sub-questions questioned the types of representation and gender biases that could be revealed in the Acts. The analysis revealed that the designated title person(s) eligible for protection carries negative and arguably degrading connotations due to its repetitive usage in the Acts. In Chapter 1, I discussed how previous research has repeatedly called for changes in laws and policies to improve the quality of life of North Korean refugees. It has now been clarified how such details in law can influence the wider public. Finally, no gender bias, sexism, and other derogatory language were evident in the Acts.

The second research question and its sub-questions addressed the changes made to the Acts and how the political agendas since 1988 have affected South Koreans’ perceptions of North Korean refugees. After applying the Realistic Conflict and Social Learning theories, it was swiftly evident, that some of the stereotypes found in previous research are based on the competitive labour market and the observations of the South Korean public. Moreover, the social influence of the Arsofli Page 52 of 69

media, family, and different institutions carry a significant impact on an individual’s attitude towards North Korea and refugees leaving it.

The method applied in this research is arguably extensive and not optimal for the scope of this study as it challenges time constraints. Regardless, I found my approach quite successful in revealing some undiscussed points on how North Korean refugees are represented in South Korean law. Fairclough’s model was debatably applied loosely in this research. I chose to first follow its guidelines point by point but found myself crossing its formal borders and applying it in an inspirational sense instead. The examination of law and political history cannot be pressed into the semi-flexible mauled of this model. Therefore I argue that being creative with the model is plausible. The gender bias list was not capable of contributing much to the analysis, and therefore I would not apply it to formal law in the future. However, I believe it to remain relevant concerning the discipline by applying it when examining court cases or political press releases.

The results of this research indicate that there is room for improvement in the Acts. The references applied are arguably dated and too generalising. My suggestion is to adjust the designated titles as they do require a revaluation. The theories revealed a significant fraction of how South Korean attitudes are shaped through time. Although not perfect for a broader generalisation, the theories helped illustrate how and why the common stereotypes assigned to North Korean refugees are produced and applied.

In migration studies, refugees are often viewed as challenging to integrate into society due to their often very different backgrounds. In the case of the two Koreas, the matter is ironically similar. Although North Koreans share centuries of history, bloodlines, familial backgrounds, ethnicity, and language with South Koreans, a stark difference remains in treatment and ideology. This is evidently due to the division of the previous state. However, it is also because of the seeded ideologies that managed to prosper for over seventy years.

The results achieved from this research cannot be generalised to every South Korean legislation related to North Korean refugees. However, by swiping the dust off of an over two- decade-old legislation, I managed to reveal how dated the references are within the Acts. Moreover, the results prove that law, regardless of how many reads it, can have significant effects on a cohort regardless of its generous-looking exterior. Arsofli Page 53 of 69

I highly encourage research fellows to further examine the current South Korean legislation. New research is needed in this area as it has been neglected. As stated in Chapter 3, I was unable to access a possibly fruitful archive of previous research on North Korean refugees in South Korea due to language barriers. Therefore, I call for speakers of the language to attempt conducting a similar study and examine the language of the Acts in Hangul.

Arsofli Page 54 of 69

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Appendix A Litosseliti’s Language Bias Checklist

1. sex specification in the language (e.g. the now outdated ‘authoress’, or the use of ‘she’ to refer to countries, boats, motor cars); 2. gratuitous modifiers (Miller and Swift, 1981) that diminish a person’s prestige, drawing attention to their sex (e.g. ‘woman doctor’/’lady doctor’) – and while historically the focus of those opposing sexism has been on discrimination against women rather than men, another example of a modifier would be the phrase ‘male nurse’; 3. lexical gaps or under-lexicalization, for example having many more terms for promiscuous women than men (Stanley, 1977) and no female equivalent of terms such as ‘henpeck’, ‘virility’, ‘penetration’; 4. semantic derogation (Schulz, 1975), where a term describing a woman initially has neutral connotations, but gradually acquires negative connotations, and becomes abusive or ends up as a sexual slur /e.g. ‘lady’, ‘madam’, ‘mistress’, ‘queen’); relatedly, there are many more negative terms for women than for men, particularly pertaining to sexual behaviour and denoting women as sexual prey (Cowie and Lees, 1987; Cameron, 1992); 5. asymmetrically gendered language items, i.e. single words used to describe women, for which there is no equivalent or men, and vice versa. For example, the use of ‘fireman’/‘policeman’/‘chairman’ (prior to linguistic intervention, see next section); the use of ‘Mrs’ to label only women, thus arguably reinforcing a patriarchal order; and the difference in status between lexical items such as ‘master’, ‘bachelor’, ‘govenor’ (…), and their female equivalents; 6. connotations of language items, such as ‘girl’ (which may sometimes indicate immaturity, dependence, trivialities, e.g. compare to ‘weatherman’ to ‘weathergirl’); ‘lady’ and ‘woman’, both of which are often used euphemistically for decorum or to obscure ‘negative’ associations with sexuality and reproduction; and the nurturing connotations of ‘mothering’, compared to those of the term ‘fathering’. 7. (…) depict women as sex objects and on the basis of their appearance rather than their intellect or capabilities (e.g. ‘blonde’); 8. define women in terms of home, family, and domestic roles (e.g. ‘mother of three’), in ways that are seldom used for men; Arsofli Page 66 of 69

9. trivialize women (e.g. using ‘girl’ fir a much wider age range than ‘boy’ would be used; also ‘weathergirl’); 10. judge women (e.g. ‘ladette’, ‘career woman’). (Litosseliti, 2006, pp. 14-15)

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Appendix B Table B1. Gender-specific Stereotypes

Men Women Backward Good wife Obedient Traditional Victims of sex and trafficking

Table B2. General Stereotypes

Negative: Positive: A threat to the system (economy) Closeness Authoritarian Diligent Cold-blooded communists Ethical Criminal Independent Extreme ideology (either communist or anti- Intelligent communist) Hostile One of us/Neighbour Impolite Trustworthy Inferior Mutual distrust Narrow-minded Prone to lies and exaggeration Selfish Starving and helpless Stranger/Enemy Uneducated

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Appendix C Word Definitions

• Act o “n. a statutory plan passed by Congress or any legislature which is a "bill" until enacted and becomes law” (Law.com, n.d.a). • Article o “n. a paragraph or section of any writing such as each portion of a will, corporate charter (articles of incorporation), or different sections of a statute.” (Law.com, n.d.b). • Decree o “n. in general, synonymous with judgment. However, in some areas of the law, the term decree is either more common or preferred as in probates of estates, domestic relations (divorce), admiralty law and in equity (court rulings ordering or prohibiting certain acts). Thus, there may be references to a final or interlocutory decree of divorce, final decree of distribution of a dead person's estate, etc.” (Law.com, n.d.c). • Promulgation o “Promulgate means to formally proclaim or declare a new statutory or administrative law as in effect after it receives final approval. It means to make known, announce, or declare officially” (USLegal, n.d.a). • Proviso o “n. a term or condition in a contract or title document” (Law.com, n.d.d). o “Proviso refers to a condition, stipulation, or limitation inserted in a document upon whose compliance the document's validity or application may depend. In short, it is a clause in a statute, contract, or the like, by which a condition is introduced. It generally begins with the word "provided" and supplies a condition, exception, or addition. In a deed, lease, mortgage or contract the performance or nonperformance of the proviso clause affects the validity of the instrument. A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misinterpretation.” (USLegal, n.d.b)

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Appendix D Table D1. References in the Act

References designated through the Act: Pronouns: Nouns: North Korean residents Their Person(s) Person(s) eligible for protection He/she Father/mother Resident(s) escaping from North Korea His/her Children A person applying for protection A person who is likely to affect national security to the considerable extent Person eligible for employment protection

Table D2. References in the Enforcement Decree Act

References designated through the Act: Pronouns: Nouns: North Korean refugees His/her Husband/wife Person(s) eligible for protection He/she Spouse Resident who has escaped from North Korea Their Brothers/sisters Applicant for protection Applicant Persons who receive protection Person(s) Persons eligible for employment protection Juveniles without relatives (referring to unaccompanied minors) Person eligible for support for formation of settlement assets