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건국대학교 이주사회통합연구소> Journal of Migration and Social Integration (JMSI)> Promotion of Human Rights through Support for Finding Relatives of Overseas Adoptees

Promotion of Human Rights through Support for Finding Relatives of Overseas Adoptees

Sang-woo Chong , Min-sol Lee
  • : 건국대학교 이주사회통합연구소
  • : Journal of Migration and Social Integration (JMSI) 6권1호
  • : 연속간행물
  • : 2021년 02월
  • : 173-214(42pages)
Journal of Migration and Social Integration (JMSI)

DOI


목차

Ⅰ. Introduction
Ⅱ. Finding Relatives of Korean Adoptees Abroad and Guaranteeing Human Rights
Ⅲ. Efforts and Limitations to Institutionalize the Search for Relatives of Overseas Adoptees
Ⅳ. Support Plan for Finding Relatives of Overseas Adoptees
Ⅴ. Conclusion
Reference

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This study started with the recognition of the support policy for finding relatives of Korean adoptees abroad as an important means to promote the human rights of Korean adoptees abroad. In Korea, about 200,000 children have been adopted overseas so far, but rather than promoting the welfare of adopted children, it was aimed at avoiding parenting responsibility of birth parents and the state. Overseas adopted Koreans grew up experiencing confusion of their identity, and after their growth, finding relatives including birth parents and exchanges with Korea are recognized as important human rights. However, in Korea, the privacy of biological parents and protection of personal information have been prioritized. Therefore, the human rights of overseas adoptees were not sufficiently guaranteed, and there were many obstacles to finding relatives as well. In this study, measures to promote human rights including finding relatives of Korean adoptees abroad were sought. In particular, this study attempted to present alternatives after examining the reality and normative grounds for finding relatives of Korean adoptees abroad, analyzing the progress and limitations of support policies for finding relatives that have been in progress. As an alternative, the establishment of a human material bank, a so-called gene bank, was viewed as an important means. In addition, by promoting the rights and interests of Korean adoptees abroad, it was intended to confirm their identity and propose a support policy to foster global citizenship. It is expected that it will contribute to the promotion of human rights of overseas adoptees through such search for relatives and support for exchanges with their home countries.
(swchong@inha.ac.kr)

UCI(KEPA)

I410-ECN-0102-2022-300-000521350

간행물정보

  • : 사회과학분야  > 사회학
  • :
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  • : 반년간
  • : 2508-397X
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  • : 학술지
  • : 연속간행물
  • : 2016-2022
  • : 64


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In 2018, the Japanese government amended the Immigration Control and Refugee Recognition Act to accept semi-skilled foreigners as workers for the first time, which was enforced from April 1, 2019. The success of the acceptance of Technical Intern Trainees as a new category could not be determined due to the corona-virus pandemic. However, compared to the planned number of Technical Intern Trainees, only a small number of them have continued to work in Japan, with various problems becoming apparent.
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2Migration Processes in Central Asia - Key Trends and Challenges. A Glance from Kazakhstan

저자 : Leila F. Delovarova

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 7권 1호 발행 연도 : 2022 페이지 : pp. 31-57 (27 pages)

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Migration processes in Central Asia have been part of the global process of transformation of modern international relations and contribution to the development. Migration and mobility in the region have undergone significant changes during last three decades. Reflecting almost all of the global migration trends this space have their own characteristics and features. Considering the general trends in the region, it should be noted that all types of migration are active - seasonal labor migration, forced migration, frontier migrations and transit migrations, repatriation.
The main trends in Central Asia are labor migration, the steady growth of irregular migration, educational migration, feminization and family migration.
The key focus of this article is the international immigration situation in Kazakhstan in the field of low-skilled and unskilled labor migration with some overview the whole migration profile including some aspects of immigration policy and international cooperation.
One of the key trends is labor migration - low-skilled or unskilled labor migration which is mostly directed to Russia and Kazakhstan. Kazakhstan has a diversified migration profile and it is an active participant in regional and extra-regional migration processes. Kazakhstan is mostly perceives itself as a host state. The fundamentals of migration policy are focused on attracting compatriots “kandas”, on attracting highly skilled labor and on balancing internal migration. Along with the official involvement of foreign labor, the situation on the labor market has evolved in such a way that there has been and continues to be a need for foreign labor at various levels. The main challenges of labor migration processes lie in the situation and status of migrants, ensuring their rights, integration into the local community and decent working conditions.
The pandemic, which has swept all over the world, has most affected vulnerable groups of the population, including migrants with an unprotected legal status. To review and analyze these aspects, it seems important to look at such aspects as the cooperation of all involved countries, the analysis of national, international legislation and international interaction, including the role of the non-governmental sector and the migrant networks themselves.

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This article examines gender, race, ideology, and ethnic prejudices exposed in the denaturalization and denationalization, expatriation policies introduced by the U.S. government from the early 20th century to World War II. The Loss of Nationality Act of 1907 deprived American women married to foreigners of their citizenship by birth. The Asian Exclusion Act and Naturalization Ban rulings were applied to revoking the citizenship of Chinese, Japanese and Indian naturalized citizens. The naturalization revocation provisions of the Naturalization Act of 1906, a left-wing radical jurist during World War II, Patrick Weil, conceptualized the vulnerable citizenship of naturalized people as “conditional citizenship”. Patrick Weil, The Sovereign Citizen: Denaturalization and the Origins of the American Republic (Philadelphia, 2013), p. 54.
This study extends the concept of conditional citizenship to US-born female citizens in the first half of the 20th century, and birth citizens such as Japanese and Mexican-Americans. During World War II, American-born American women who married foreigners in the United States between 1907 and 1931, Japanese Americans were forced to give up their citizenship in concentration camps. Although not covered in this article, many American-born Mexican-Americans were deported along with their immigrant parents during the Great Depression. In the first half of the 20th century, the U.S. government did not, on a case-by-case basis, deprive women and racial minorities of their birth citizenship or recognize their citizenship rights.
It was also used as a means of revoking citizenship and deporting radicals, German and Japanese Americans. Naturalized citizens rather than U.S.-born citizens, even U.S.-born women and children of immigrants, and descendants of immigrants from wartime enemy countries among U.S.-born children of immigrants, especially Japanese Americans, were vulnerable to the government's deprivation of citizenship. In the first half of the 20th century, the US government's policy of deprivation of citizenship reflected xenophobia, racism, and sexism that underlie the immigration and naturalization laws at the time. The United States prides itself on being a country that values the civil rights and freedoms of every individual. The story of the deprivation of citizenship policy in the first half of the 20th century and the Americans who resisted it reveals a new difference between the egalitarian ideal of American citizenship and the discriminatory reality.

4The Application of the Concept of Second Generation to the Youth with Migration Backgrounds in Korea

저자 : Han-jin Eom

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 7권 1호 발행 연도 : 2022 페이지 : pp. 111-153 (43 pages)

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This research aims at applying the term 'second generation' to the youth with migration backgrounds. It also tries to make more balanced and diversify the discussions on this social group. Especially it emphasizes not only the negative side experienced by the second generation immigrants, but also the positive one such as good academic achievement. In order to do this, we introduce the concept of second generation along definition and main characteristics. Along with this, the concept of the youth with migration backgrounds currently used in Korean society is treated by examining its actual situation and sub-categories. Finally, this article criticizes the stereotype about migrants' children which are considered as deficient and dangerous being. It's the time to regard them not as the target of support but as the competent social actor such as local talent and trans-national actor.

5A Study on Discriminatory Expressions in Korean Immigration-Related Laws - Focusing on Legislative Principles and Legal Terminology

저자 : Yoon-cheol Choi

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 7권 1호 발행 연도 : 2022 페이지 : pp. 155-190 (36 pages)

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Korean society is rapidly changing into a multicultural society due to the rapid increase in the inflow of foreigners staying for a long time and changes in the social structure such as the demographic structure of Korean society. However, among the laws that apply to foreigners and migrants, many laws do not sufficiently guarantee their human rights or have provisions containing discrimination.
The law speaks of its will (legislative purpose) through its text. The offender recognizes the will and goal of the legislator through the wording (article) of the law and makes it a rule of thumb for his or her actions. The text of the statute is prepared based on several principles for the realization and concreteization of justice, which is the essence and goal of the law. Accurate expression and preparation of legal terms that guarantee substantive equality is one of the essential contents for the realization of justice in legislation. Laws targeting foreigners and migrants are no exception.
Foreigners and migrants who are directly subject to immigration laws have few opportunities to participate directly in the legislative process. In most cases, foreigners are not granted the right to participate in the political process guaranteed by the Constitution. Also, due to their lack of Korean proficiency, they do not have the ability to understand and cope with the meaning of highly abstract and condensed laws (drafts). In the end, foreigners and migrants are in a position to passively accept the established legal system even though they are prisoners. In the end, foreigners and migrants are in a position to passively accept the established legal system even though they are prisoners. A legal system should be established to confirm that foreigners and migrants are independent individuals living together with me, not as a means to meet the Korean labor market, adequate population, and market demand.

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2Status and Challenges of Constitutional Rights to Education of Foreigners

저자 : Pil-woon Jung

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 6권 1호 발행 연도 : 2021 페이지 : pp. 37-76 (40 pages)

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As globalization intensifies, the number of foreigners receiving education in Korea is continuously on the rise. The purpose of this article is to examine the extent to which foreigners' Constitutional rights to education are guaranteed, and to suggest directions that are needed for improvement of current problems. To achieve this purpose, first of all, we reviewed from the perspective of constitutional theory whether foreigners have the subjectivity of Article 31 of the Constitution(II). We also reviewed to what extent foreigners are guaranteed preschool, elementary and secondary education, and domestic adaptation education under the current law(III). Finally, conclusions were drawn from the above discussion(IV).
The discussion of this article is as follows. First, more attention should be paid on this topic. As can be seen from the lack of systematic statistics on this, this study is relatively underdeveloped from a policy and research perspective. Second, it has traditionally been interpreted that Constitutional right to education in Article 31 is recognized as one of the social rights and is not granted to foreigners. However, these days, an interpretation theory has been raised that recognizes this as human rights and grants constitutional rights even to foreigners. I would argue that the liberal element of the Constitutional right to education is a fundamental right that has the nature of human rights, so it is in principle to be granted to foreigners as well. As for the social rights element, it is reasonable to recognize in principle if the foreigner has a strong degree of incorporation into our socio-political community. As a result of demanding equality, the element of equal rights can be recognized by foreigners in principle, if the state has to act passively, but if it is active, I suggest that it should be limited. Third, the current Early Childhood Education Act does not stipulate the possibility of foreigners entering kindergarten, procedures and conditions, and tuition fees. Nevertheless, in the field of early childhood education, foreigners who want to attend school are enrolled by granting the qualification to attend kindergarten without asking whether the stay is legal through active interpretation of the authority. In the light of the political and social integration functions and effects of education, I proposed a more active policy promotion and social consensus. Fourth, the current elementary and secondary education act ensures that their children can receive elementary, junior high, and high school education regardless of the legality of their stay. In addition, the Ministry of Education has implemented several policies to promote this. Considering the Korean Constitution that regulates international pacifism and the UN Convention on the Rights of the Child to which Korea has joined, this is a desirable legislation and policy. However, it is consistent with the purpose of Article 28 of the UN Convention on the Rights of the Child to more clearly define foreign children as subjects of compulsory education. Since this is only a matter of standardizing the existing situation, it was recommended to amend it quickly. Furthermore, it is guaranteed that foreign children of illegal immigrants can receive education without discrimination, but many foreign children of illegal immigrants are known to not receive elementary and junior high school education for fear of being discovered. Therefore, I proposed that the law prohibits the search for illegal immigrants based on the child's record. Fifth, in accordance with the Multicultural Family Support Act and The Framework Act on the Treatment of Foreigners Residing in the Republic of Korea, various education programs such as language education and social adaptation education for marriage immigrants are being implemented. Considering all the contents and legal system including education, duplication and conflict occur in both laws, so I suggested that special education should be regulated and implemented in one law in the long term to unify the delivery system and make it more efficient. However, the form of a single law, such as the 'Multicultural Education Support Act' currently pending in the National Assembly, is evaluated as undesirable, and I insist to establish a basis for the integrated law of both laws or one of them, or to stipulate it in the Elementary and Secondary Education Act and its enforcement decree. Sixth, it is known that the current education of foreign students for their parents is fragmentary and non-professional, so the educational effectiveness is very low. In order to improve this, I recommended that the parent education of foreign students be operated by professional personnel. Finally, I also recommended education for minority understanding for the majority.
(pwjung@knue.ac.kr)

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Foreign workers in Korea have to remain tied to the employer's workplace throughout the country's stay. But such a policy thoroughly blocks workplace changes due to the voluntary wishes of workers and has many side effects. This is because these policies completely ignore human nature in pursuit of economic interests. Rather, these policies only provide a justification for foreigners who leave the workplace to rationalize their actions. Under this consciousness of the problem, this study critically reviewed the additional system of employment and seasonal work system under the Immigration Act as a system for utilizing foreign workers in the agricultural sector.
In conclusion, it was suggested that the additional system of employment in the crop cultivation industry where there is a high possibility of intermediary exploitation should be officially abolished, and in relation to the seasonal work system, it is urgent to prepare legal protection regulations reflecting the characteristics of seasonal work. Furthermore, it suggested that, in the field of at least agriculture and fisheries, the restrictions on working hours were not properly regulated, so that the restriction on the specific workplace should no longer be a condition of the employment permit, and the workplace change within a single industry where the work permit was granted should be allowed in principle. (jynine@kgu.ac.kr)

4A Study on the Nationality of Overseas Adoptees

저자 : Yoon-cheol Choi

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 6권 1호 발행 연도 : 2021 페이지 : pp. 127-172 (46 pages)

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The number of Korean nationals adopted overseas has reached about 170,000 as of 2018 since 1958 when adoption statistics were written. If the number of overseas adoptees concentrated after the Korean War before statistics was estimated to be about 30,000, the number of overseas adoptees from 1950 is expected to exceed 200,000.
In the first chapter, this article presents the necessity and purpose of simplifying acquisition of nationality for overseas adoptees. In the second chapter, a basic review of the legal theory related to the nationals and nationality is conducted. It examines the conceptual differences between nationals, Koreans residing abroad, Koreans with foreign nationality, and overseas adoptees. Next, the significance of nationality and the requirements and methods of acquiring and retaining nationality under the current 「Nationality Act」 are examined in relation to overseas adoptees. In particular, it looks at the regulations on simplified naturalization, special naturalization, nationality restoration, concomitant acquisition, re-acquisition and multiple nationality. In the third and fourth chapters, we focus on overseas adoptees and examine the methods, types, and possibilities of expansion of overseas adoptees according to the 「Nationality Act」. In particular, the actual applicability will be reviewed by dividing the case where overseas adoptees acquire the nationality of the adopting country and lose their Korean nationality, and the case where the overseas adoptees do not acquire the nationality of the adopting country and maintain Korean nationality. Next, it examines whether there is room for simplifying or expanding the requirements for granting nationality in the current 「Nationality Act」 and, if possible, what legal principles should be applied. To this end, it analyzed Korea's overseas adoption system and actual process, and evaluated whether it could hold state responsibility for overseas adoption based on the Constitution. As a conclusion, the last chapter affirms the state responsibility for overseas adoption and highlights the need to improve the “nationality law” for overseas adoptees as the first step to fulfilling the state responsibility.
In particular, when an overseas adoptee expresses an active intention to confirm the identity of the Republic of Korea, such as wanting to have the nationality of the Republic of Korea, the state needs to respond to this through active state actions, including legislation. Legislation and policies to embrace overseas adoptees should not be made in terms of tolerance or benefit, but in view of reflection that the state has failed to faithfully fulfill its obligations to protect its citizens.
(felixcyc@konkuk.ac.kr)

5Promotion of Human Rights through Support for Finding Relatives of Overseas Adoptees

저자 : Sang-woo Chong , Min-sol Lee

발행기관 : 건국대학교 이주사회통합연구소 간행물 : Journal of Migration and Social Integration (JMSI) 6권 1호 발행 연도 : 2021 페이지 : pp. 173-214 (42 pages)

다운로드

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초록보기

This study started with the recognition of the support policy for finding relatives of Korean adoptees abroad as an important means to promote the human rights of Korean adoptees abroad. In Korea, about 200,000 children have been adopted overseas so far, but rather than promoting the welfare of adopted children, it was aimed at avoiding parenting responsibility of birth parents and the state. Overseas adopted Koreans grew up experiencing confusion of their identity, and after their growth, finding relatives including birth parents and exchanges with Korea are recognized as important human rights. However, in Korea, the privacy of biological parents and protection of personal information have been prioritized. Therefore, the human rights of overseas adoptees were not sufficiently guaranteed, and there were many obstacles to finding relatives as well. In this study, measures to promote human rights including finding relatives of Korean adoptees abroad were sought. In particular, this study attempted to present alternatives after examining the reality and normative grounds for finding relatives of Korean adoptees abroad, analyzing the progress and limitations of support policies for finding relatives that have been in progress. As an alternative, the establishment of a human material bank, a so-called gene bank, was viewed as an important means. In addition, by promoting the rights and interests of Korean adoptees abroad, it was intended to confirm their identity and propose a support policy to foster global citizenship. It is expected that it will contribute to the promotion of human rights of overseas adoptees through such search for relatives and support for exchanges with their home countries.
(swchong@inha.ac.kr)

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