대한민국 국적법의 현황과 문제점 (The present condition and some Problems on the Law of Nationality of Korea)

서지정보

· 발행기관 : 건국대학교 법학연구소
· 수록지 정보 : 일감법학 / 17호 / 3 ~ 35페이지
· 저자명 : 최윤철

초록

Korean Nationality Law, since it was created in 1948, has been revised several times over the years until now. Especially, revision that took place in 1997 was to do with entire Nationality Act. However, the principle of personal and single nationality which forms the basis of the law hasn’t changed. However, the nationality law revision policy that the Korean law department is about to legislate shows many exceptions regarding single nationality principle. The rapid increase in foreigners, overseas expansion and trading of Koreans, has become the proof that keeping single race, single citizenship, and purity of Koreans through nationality law has become impossible, and the principles at the time of legislation of the law no longer applies.
The current Korean nationality law is based on the second article of the constitution. The constitution relies entirely on nationality law on deciding who gets to have a nationality, so nationality law contains detailed indication on who gets to be a people, requirements to become a people, and how someone gets to lose or recover nationality.
The nationality law until this day has gone through many revisions, but rapid change in Korean society and globalization calls for many revisions in many areas. Korea is now faced with the age of globalization and diversification. Korea is now in situation where it needs to be prepared for rapid overseas expansion and contacts of Koreans, long term foreigners, and decrease of population and competency due to low birth rate. The identity of modern nation comes from being a constitutional state, and also from members of the nation accepting diversities and coexisting based on democratic principles. Rather than the nationality being translated as a blood line or race where these are the first signature of being a citizen, it should be looked at as a legal position and symbol of regulation as a citizen of democratic country.

영어초록

Korean Nationality Law, since it was created in 1948, has been revised several times over the years until now. Especially, revision that took place in 1997 was to do with entire Nationality Act. However, the principle of personal and single nationality which forms the basis of the law hasn’t changed. However, the nationality law revision policy that the Korean law department is about to legislate shows many exceptions regarding single nationality principle. The rapid increase in foreigners, overseas expansion and trading of Koreans, has become the proof that keeping single race, single citizenship, and purity of Koreans through nationality law has become impossible, and the principles at the time of legislation of the law no longer applies.
The current Korean nationality law is based on the second article of the constitution. The constitution relies entirely on nationality law on deciding who gets to have a nationality, so nationality law contains detailed indication on who gets to be a people, requirements to become a people, and how someone gets to lose or recover nationality.
The nationality law until this day has gone through many revisions, but rapid change in Korean society and globalization calls for many revisions in many areas. Korea is now faced with the age of globalization and diversification. Korea is now in situation where it needs to be prepared for rapid overseas expansion and contacts of Koreans, long term foreigners, and decrease of population and competency due to low birth rate. The identity of modern nation comes from being a constitutional state, and also from members of the nation accepting diversities and coexisting based on democratic principles. Rather than the nationality being translated as a blood line or race where these are the first signature of being a citizen, it should be looked at as a legal position and symbol of regulation as a citizen of democratic country.

참고자료

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