재중조선인들의 국적에 관한 소고 - 북한송환과 중국영주를 겸하여 논함 -

Abstract

According to the Territory Principle of Constitution of South Korea and relevant definitions of overseas Korean’s identity in the Overseas Korean Act, North Korean who possess the North Korean nationality and reside in China are treated as overseas Korean. As the foundation of overseas Korean study, however, the study of North Korean in China has been neglected. On August 17, 1953, the instruction which Political Bureau of the Communist Party of China (CPC) gave to Northeastern Bureau on dealing with the nationality issue of North Korean in China became the national policy, which is the second unwritten nationality law in Chinese history. Shanhaiguan as the territorial division and the foundation date of People’s Republic of China (October 1, 1949) as temporal division, North Korean migrate moved to the south of Shanhaiguan before October 1, 1949 and North Korean migrate came to China between The 6.25 Korean War and the end of 1960s were identified as North Korean in China. Thus, the repatriation project of North Korean in China was initiated. Before the implementation of the repatriation project, North Korean in China obtained the residence certificate, overseas citizenship certificate, and permanent residence certificate. Nowadays, though North Korean in Japan and The General Association of North Korean in Japan are well-known around the world, both North Korean in China and The General Association of North Korean in Shenyang, China remain unknown. Hence, this study will shed light on South Korea’s study of overseas Korean.