다문화 가족의 보호와 지원에 관한 법제 소고 = Legal System of Protection and Support for Multicultural Families in Korea

다국어 초록 (Multilingual Abstract)

With the increasing cases of international marriages, Korea has currently suffered from many societal disorders For thousands of years, Koreans have been a group of people with a higher sense of ethnical simplicity, however, the strikingly increasing number of foreign females has undoubtedly threatened Korean's sense of simplicity Unlike other foreign laborers who return to their hometown after a certain period, those foreign females who marry Korean males are naturalized to be members and have permanent residence in Korea Hence, it can be perceived that several problems on female immigrants' rights have been revealed.
Apparently, Korea has become a multicultural society gradually owing to the increasing number of ling-staying foreigners, including marital immigrants. This phenomenon also demonstrates that it is indispensable to carry out some policies to protect or support these foreigners in Korea On these grounds, Korean Parliament has enacted "Act on the Treatment of Foreigners in Korea", "Support for Multicultural Families Act". Furthermore, "Proposed Standard Ordinance to Support Resident Aliens" is also established. All of these regulations focus on protection and support for the marital immigrants.
The author has discussed the positions of marital immigrants in Korea and its legal problems in previous essay generally In this paper, the author will chiefly discuss the importance of marital immigrants' positions and human rights, and meantime, examine the existing problems The following will focus on these regulations and their existing legal problems
First of all, it is regulated that "Act on the Treatment of Foreigners in Korea" can only apply to legal-staying foreigners in Korea, not other illegal-staying foreigners in Korea But it is evident that all of the marital immigrants and their children, foreign laborers, long-staying foreigners, and refugees also need some supports or protection so that they can adapt themselves to Korean society without discrimination Hence, it may call it in question if all of the illegal-staying foreigners are excluded from this regulation, without considering each situation or type of the illegal-staying foreigners As the illegal-staying foreigners also need some supports or special protection, it is much better to provide them appropriate supports or protection in accordance with the situation of each case Secondly, it's better to set up an institution which deals only with the supports and protection for those long-staying foreigners, such as immigration institution If there is difficulty in setting up such an institution so immediately, then Ministry for Health, Welfare and Family Affairs could take charge of this affairs focusing on the supports and protection for these foreigners, but not on restraints or penalty Next, most of these regulations are declarative and advisory, without any actual effects Hence, it is likely that these regulations will become 'decorative' regulations Lastly, it seems that it is not necessary to regulate that foreigners can receive language and cultural education, child care, and education for children only within 3 years after obtaining nationalities because some of foreigners still need some supports after this regulated period of time So it appears appropriate to abolish the limit of time in this item

목차 (Table of Contents)

• Ⅰ 서론
• Ⅱ 재한외국인처우기본법
• Ⅲ 다문화가족지원법
• Ⅳ 거주외국인 지원 표준조례안
• Ⅴ 결여
• Ⅵ 참고문헌
• Ⅶ 영문초록

참고문헌 (Reference)

1 이승우, "혼인이주여성의 지위와 법적 문제" 서울시립대학교 법학연구소 16 (16): 2008

2 이정민, "재한외국인처우기본법 및 이주민가족지원법률안에 대한 검토" 부산지방변호사회 (25) : 2008

3 임인규, "재한외국인처우 기본법안 검토보고"

4 최윤철, "우리나라의 외국인법제에 관한 소고" 한국입법정책학회 1 (1): 2007

5 김원섭, "여성결혼이민자 문제와 한국의 다문화정책 ― ‘다문화가족지원법’의 한계와 개선방안 ―" 한국민족연구원 (36) : 2008

6 박종보, "다문화가족지원법 마련을 위한 연구"

7 강경필, "다문화가족지원 법안 검토보고"

8 정상우, "다문화가족 지원에 관한 법체계 개선 방안 연구" 법학연구소 26 (26): 483-510, 2009

9 전형배, "다문화가정 지원의 법과 제도, 함께 해요 다문화가정 ― 다문화가정의 정착과미래 ―"

10 조상균, "다문화가정 지원 법제의 현황과 과제" 5.18연구소 8 (8): 147-174, 2008