논문 상세보기

Fundamental Rights of Foreigners in Korea

Hyomin Park , Hounjoung Kim
  • : 건국대학교 이주사회통합연구소
  • : Journal of Migration and Social Integration (JMSI) 4권1호
  • : 연속간행물
  • : 2019년 02월
  • : 159-177(19pages)

DOI


목차

Ⅰ. Introduction
Ⅱ. Can Foreigners be Subjects of Fundamental Rights under the Current Constitution of South Korea?
Ⅲ. Complementary Debate
Ⅳ. Conclusion
References

키워드 보기


초록 보기


						
As the South Korean Constitution define “citizens” as the subjects of fundamental rights, subjectivity of foreigners has been a matter of academic and judicial discussion. The Constitutional Court of Korea argues that foreigners can be subjects of rights of human, while they cannot enjoy rights of citizens. Even when the Court recognizes certain fundamental rights of a foreigner, it sometimes applies the less strict standard of review, namely prohibition of arbitrariness, in the cases where it would apply the proportionality test if the claimant was a citizen. It is also pointed out that the South Korean judiciary including the Constitutional Court should actively take international human rights treaties into account to protect foreigners’ rights.
Meanwhile, the 2018 presidential proposal for constitutional amendment suggested making a new constitution and changing the subject of some fundamental rights from citizen to human. As it is connected to serious social issues like racial discrimination, a cautious approach is needed.
(hyominp@gmail.com)

UCI(KEPA)

간행물정보

  • : 사회과학분야  > 사회학
  • :
  • :
  • : 반년간
  • : 2508-397X
  • :
  • : 학술지
  • : 연속간행물
  • : 2016-2019
  • : 35


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발행기관 최신논문
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1Problems in the Overseas Koreans Law and Solutions of Them

저자 : Kyeong-ok Choi

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 4권 1호 발행 연도 : 2019 페이지 : pp. 5-39 (35 pages)

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(기관인증 필요)

초록보기

The fourth generation overseas Koreans (including Russian Koreans, or Goryeoins and those in China) have not been recognized as Koreans because of the rules (The Law on Entry to and Exit of Korea and Legal Statuses of Overseas Koreans (hereafter will be called the Overseas Koreans Law). Article 2-2 of the Overseas Koreans Law, and Article 3-2 of the same law) which only recognize overseas Koreans as Koreans up to the third generation, face the family disorganization.
On September 12, 2017, the Ministry of Justice announced that it will implement 'temporary relief measures' to the problem. Specifically, the department announced that 'to solve the problem generation Koryeo who should leave their parents in Korea, they are given 'the right to visit and stay with their parents' (F-1) -while prohibiting them from having jobs during the period from September 13, 2017 to June 30, 2019.
Then, why do those articles acknowledge overseas Koreans as Koreas only up to the third generation, and why does the Ministry of Justice have to prepare for temporary relief measures? This study will deal with such questions.
Therefore, this paper intensively examines the history and changes of The Overseas Koreans Law, which has caused such problems (II), problems and solutions of the law (III), and the question Koryeo people and Joseonjok are Koreans or not, and suggests solutions.
(cko33@ysu.ac.kr)

2Citizenship in a Nation-State -From the Foundation of German Empire to the Fall of Nazi Germany -

저자 : Hyeoung-jin Kwon

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 4권 1호 발행 연도 : 2019 페이지 : pp. 41-83 (43 pages)

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(기관인증 필요)

초록보기

This study aims to explain about a short history of the german nationality laws between the foundation of the german empire and the fall of the nazi germany. The legal system of the german empire was based the prussian law. And the “law respecting the acquisition and loss of the quality as a prussian subject, and his admission to foreign citizenship” of 31 December 1842, which introduced Jus sanguinis to the country, was the base of the prussian nationality las. Until 1913, however, each german state had its own nationality laws. In 1913, the “nationality law of the german empire and states(Reichs-und Staatsangehörigkeitsgesetz) of 22 July 1913” established a german citizenship. Under the Hitler regime, the german nationality law of 1913 was changed in 1934 with the separate states' citizenships. In 1935 the “reich's citizen law(Reichsburgergesetz)”, the second of the nuremberg laws (Nurnberger Gesetze), split the uniform citizenship again. With these laws were categorised german jews as second-class citizens in the Nazi germany, as state affiliates(Staatsangehörige), Aryans counted as Reich's citizens. After 1938, the German nationality law was extended to Austria and the occupied territories in the eastern europe. The Nazi amendments and the Nuremberg Laws were revoked by Allied occupational ordinance after the collapse of Nazi dictatorship in 1945.
(hjkwon@konkuk.ac.kr)

3Reading Hanja (Chinese Character) in Korean Language

저자 : Hyo Woon Yoon

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 4권 1호 발행 연도 : 2019 페이지 : pp. 85-107 (23 pages)

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(기관인증 필요)

초록보기

Despite the specification of the Korean words (Hangul), which are characterized as phonemes like other alphabetic languages, their shape resembles much more morphemes like Chinese characters (Hanja). The use of functional magnetic resonance imaging permits the collection of brain activation patterns when native Korean speakers (12 persons as subjects) read Hangul and Hanja. The Korean language uses both alphabetic Hangul and logographic Hanja in its writing system. Our experimental results show that the activation patterns obtained for reading Hanja by Korean native speakers involve neural mechanisms that are similar to Chinese native speakers; i.e. strong left-lateralized middle frontal cortex activation. For the case of Korean word reading, the activation pattern in the bilateral fusiform gyrus, left middle frontal gyrus, left superior temporal gyrus, right mid temporal gyrus, precentral gyrus, and insula was observed. It is to note that the reading of Hanja by our subjects activates more late visual areas compared to reading Hangul. The activation of reading Hangul is located more anterior in that late visual area (fusiform gyrus). This suggests that the activation pattern for Hangul reading appears to corroborate that of alphabetic words at the general level. A further noteworthy finding of our study is the strong activation of the posterior part of the right dorsolateral prefrontal cortex (BA 8). The right hemispheric BA 8 belongs to the visual higher order control area and we propose that this area should be responsible for processing of visuospatial (surface form) information of Hangul.
(hyowoonyoon@dcu.ac.kr)

4Native Koreans' Attitudes toward Immigrants in Ethnic Enclaves

저자 : Hyomin Park , Seokho Kim , Sanglim Lee

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 4권 1호 발행 연도 : 2019 페이지 : pp. 109-158 (50 pages)

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(기관인증 필요)

초록보기

The objective of this research is to examine the attitudes toward immigrants and migration policies among South Korean natives residing in ethnic enclaves in Seoul and Kyeonggi areas. Based on the empirical data, we argue that studies should focus on the settlement of immigrants. It has already passed one generation since the influx of immigrants into South Korea, and the number of immigrant increase fast. Based on that immigrants in South Korea build their own communities by establishing ethnic enclaves. This draws much attention from researchers on immigrants' living conditions and characteristics of the enclaves. Current study shows that those enclaves are the front line where the interaction between immigrants and native Koreans occurs, and attempts to examine the attitudes among the native Koreans toward immigrants and migration policies. The results reveal that the people who are living in the ethnic enclaves are more likely to evaluate their living environment. They also show higher social distances to foreigners than those who are living in the enclaves. OLS regression shows lower quality of neighborhood environment than enclave. The results suggests that future research on immigrants needs to expand their scopes to provide better understanding of the current situation in South Korea regarding immigration.
(hyominp@gmail.com)

5Fundamental Rights of Foreigners in Korea

저자 : Hyomin Park , Hounjoung Kim

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 4권 1호 발행 연도 : 2019 페이지 : pp. 159-177 (19 pages)

다운로드

(기관인증 필요)

초록보기

As the South Korean Constitution define “citizens” as the subjects of fundamental rights, subjectivity of foreigners has been a matter of academic and judicial discussion. The Constitutional Court of Korea argues that foreigners can be subjects of rights of human, while they cannot enjoy rights of citizens. Even when the Court recognizes certain fundamental rights of a foreigner, it sometimes applies the less strict standard of review, namely prohibition of arbitrariness, in the cases where it would apply the proportionality test if the claimant was a citizen. It is also pointed out that the South Korean judiciary including the Constitutional Court should actively take international human rights treaties into account to protect foreigners' rights.
Meanwhile, the 2018 presidential proposal for constitutional amendment suggested making a new constitution and changing the subject of some fundamental rights from citizen to human. As it is connected to serious social issues like racial discrimination, a cautious approach is needed.
(hyominp@gmail.com)

1
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