在日朝鮮人 이 본 ‘在外同胞法’과 向後의 課題

• 영문명: 'The Law on Ethnic Koreans Aborad' Seen by Koreans in Japan
• 발행기관: 한일민족문제학회
• 저자명: 金敬得(Kim, Kyeong-Deuk)
• 간행물 정보: 『韓日民族問題硏究』제5집, 131~162쪽, 전체 32쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2003.12.30

영문 초록

As a Korean resident in Japan, I do not agree with the 'law on ethnic Koreans abroad'(below, 'the law', Immigration and Legal Status of Ethnic Koreans Abroad Bill(No. 6015), 1999). According to this law, which was demanded by the petition of Korean Americans, ethnic Koreans with foreign nationality can have land, trade in the bank and get security of the mediacal service in Korea on condition that they reside in Korea for a certain time. However, as many Korean residents in Japan already have Korean nationality, they don't need those rights. (One of criticism of the law is that the North Korean nationals in Japan are exclude from the application of the law. But it is not true. According to the Constitution of Korea, North Korean nationals are definitely recognized as Korean nationals. Some North Korean nationals in Japan support the North Korean government. Other North Korean nationals say that they want to be neutral between the North and the South with it. The reason that they cannot receive benefits as Koreans is that they have refused the registration according to the Koreans Abroad Registration Law.) Under the colonial rule, Koreans were the Japanese nationals. Even after the liberation, Korean residents in Japan have been urged to take the Japanese nationality because of the nationality discrimination. The Japanese government, which has hardly responsible for the past affairs, threatened the national identity of Korean residents, especially by suppressing the national education. ethnic Koreans in Japan have struggled against the suppression in order to maintain the Korean nationality. And now, they demand that the Korean government grant the suffrage to them and make diplomatic efforts to correct the national discrimination in Japan. I do not believe that the law on ethnic Koreans abroad is the answer to the demands. On the contrary, this law deals with the Korean nationals in foreign countries within the same legal category as the ethnic Koreans with foreign nationality. That is why the Korean nationals in Japan feel discontent and disappointment with the law. When the Ministry of Justice proposed this Bill in August, 1999, for the first time, the Bill's contents included the voting rights of the Korean nationals in the foreign country on condition that their stay in Korea is more than 30 days before the day of making the voter's list. But later, it was abolished from the law and the Korean government did not make any effort to grant suffrage to the Korean nationals in foreign countries. There are apparent differences in the legal status between Korean nationals and foreigners under Korean law. Korean nationals do not need the qualification for staying in Korea, which is one of the most important clause of the law from Koreans with foreign nationality. Therefore, the application of the law should be limited to ethnic Koreans with foreign nationality. And as for the Korean nationals in foreign country, a new law needs to be prepared. For example, it might be the 'basic law on the Korean nationals abroad' to stipulate the way of the identification registration when staying in Korea and the exercise of suffrage and the education right of Korean nationals in foreign countries. Another problem of the law is that 'ethnic Koreans abroad' are limited to emigrants after 1948 according to the law. That means the law is not applicable to ethnic Koreans in China and Russia(USSR). As the Constitutional Court judged the clause unconstitutional in November, 2001, inevitable is the revision of the law until 2003. Because of Korea's remarkable economic development, Korea should give the rights to own land and to trade in bank and the social security such as medical service to all the foreigners living in Korea, as well as ethnic Koreans abroad. I hope that the law will be revised to the direction that the nationality discrimination be thoroughly abolished.

목차

Ⅰ. 日本國籍의 取得, 喪失과 同化政策

Ⅱ. 出生에 의한 國籍取得과 國籍法改正

Ⅲ. 기속(羈束)的 日本國籍取得制度에 대해서

Ⅳ. 本國國籍의 機能

Ⅴ. '在外同胞法'과 今後의 課題

키워드

재외동포법 재외국민기본법 the Law on Ethnic Koreans Abroad the Basic Law on the Korean Nationals Abroad