재외동포 범주에 대한 법률상의 정의와 문제점 고찰

Abstract

The purpose of this study is to examine the category of overseas Koreans defined in the Basic Act on Overseas Koreans and the existence of overseas Koreans who deviate from this category. The research method analyzed three laws regulating overseas Koreans. The research results are as follows. First, it was found that the Basic Act on Overseas Koreans uses nationality as the main criterion, the Overseas Koreans Act considers Korean nationality and foreign nationality, and the Overseas Koreans Registration Act considers nationality as the main criteria. Second, the scope of the Overseas Koreans Act included those who held Korean nationality by birth and those who acquired foreign nationality as their direct descendants. Third, the Overseas Koreans Act defines foreign nationals as the category of overseas Koreans, but the Basic Act on Overseas Koreans expands the category to include people who do not have Korean nationality. In conclusion, there is a discrepancy between the nationality of overseas Koreans as defined in the Framework Act on Overseas Koreans and the nationality of Korean citizens. In the future, it is believed that overseas Koreans will need consistent categories and regulations that are more expanded and integrated in the concept of ethnicity rather than nationality.