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It seemed to be desirable that "the Act on the Immigration and Legal Status of Overseas Koreans" ( 1999, hereinafter called "Overseas Koreans Act") was enacted in order to bestow a wide range of benefits to ethnic Koreans with foreign nationalities living abroad. That is, Overseas Koreans Act was intended to dissolve the discontents overseas Koreans have for theirmotherland by selectively accepting their demands for dual citizenship, and enlarge in particular opportunities to enter and exit and employment in Korea. However, this Act showed some problems' the concept of "Overseas Koreans" is clashed with the former definition in "Overseas Korean Foundation Act"(1997), and distinguished ethnic Koreans who emigrated before 1948 from those who emigrated after 1948; controversy on double nationality has not been finished; political rights of Korean nationals residing abroad are exempted from the Act; ethnic Koreans with Chinese nationality and former Soviet Union nationality are rigidly regulated entry and exit and employment in Korea; tentativeness and discrimination of the Act. etc. Unfortunately, November 29th, 2001, the Constitutional Court of the Republic of Korea decided "Constitutional nonconformity" towards Article 2(2) of Overseas Koreans Act and Article 3 of the Enforcement Decree of the Act. If legislators do not revise the Act in accordance with the Constitution by December 31st, 2003, all related provisions in the Act, the Enforcement Decree, and the Enforcement Regulation will become null and
void as of January 1st, 2004. After this decision, our society has been divided into two groups and not solved the dilemma with conflicting opinIOns. One group insist on the revIsIOn of the Act which will be equally apply to all Overseas Koreans including Korean Chinese. The other group insist on annulment of the Act by reasons of it's violation of the international laws and diplomatic troubles and socioeconomic problems in Korea. This paper pays attention to the structure of Overseas Koreans policy, outlines basic issues on the surroundings of Overseas Koreans Act, and draws comparision between anti-revisonists' and pro-revisionists' activities after the Constitutional Court's decision. If a Overseas Koreans Act revision bill enacted, Korea's labor market would be hit hard by influx of ethnic Koreans with foreign nationalities from China and former Soviet Union areas. But if the legislature did not revised Overseas Koreans Act by December 31st, 2003, our policy towards ethnic Koreans abroad would by go backward. Therefore, the Government has been in agony how to choose the best alternative, and left her's option open so far. In fact, Overseas Koreans have been left out from our attentions and at the very most have been target of operation by former regimes for sustaining division of Korea to maintain their power. However, Overseas Koreans have played an important role in building economy in Korea, and will be increasingly pivotal role in the reunification of Korea and formation of Korean Community in globalism. Mter all, closed-nationalism will be replaced by open-nationalism in the future. The writer contends that Korean Government needs to consider these points seriously, and to avoid another mistakes by establishing reasonable Overseas Koreans policy.
void as of January 1st, 2004. After this decision, our society has been divided into two groups and not solved the dilemma with conflicting opinIOns. One group insist on the revIsIOn of the Act which will be equally apply to all Overseas Koreans including Korean Chinese. The other group insist on annulment of the Act by reasons of it's violation of the international laws and diplomatic troubles and socioeconomic problems in Korea. This paper pays attention to the structure of Overseas Koreans policy, outlines basic issues on the surroundings of Overseas Koreans Act, and draws comparision between anti-revisonists' and pro-revisionists' activities after the Constitutional Court's decision. If a Overseas Koreans Act revision bill enacted, Korea's labor market would be hit hard by influx of ethnic Koreans with foreign nationalities from China and former Soviet Union areas. But if the legislature did not revised Overseas Koreans Act by December 31st, 2003, our policy towards ethnic Koreans abroad would by go backward. Therefore, the Government has been in agony how to choose the best alternative, and left her's option open so far. In fact, Overseas Koreans have been left out from our attentions and at the very most have been target of operation by former regimes for sustaining division of Korea to maintain their power. However, Overseas Koreans have played an important role in building economy in Korea, and will be increasingly pivotal role in the reunification of Korea and formation of Korean Community in globalism. Mter all, closed-nationalism will be replaced by open-nationalism in the future. The writer contends that Korean Government needs to consider these points seriously, and to avoid another mistakes by establishing reasonable Overseas Koreans policy.
목차
Ⅰ.서론:재외동포정책의 어제와 오늘
Ⅱ.재외동포법 제정과정과 쟁점
Ⅲ.헌법불합치 결정 이후 개정논의
Ⅳ.결언:‘열린 민족주의’의 시대로
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UCI(KEPA) : I410-ECN-0101-2009-911-014286758