중국동포와 한국국적취득의 문제점 -2003헌마806을 중심으로-

Abstract

Today, the South Korean economy has evolved dazzlingly so that it requires a foreignlabor force. However, behind the development, it cannot be denied that it has put aside theburdens of the history. Many Koreans moved to China and Sakhalin for the independencemovement, compulsory manpower draft and labor during the Japanese colonial period. However, after the liberation, as they could not return to Korea against their will, some obtainedthe nationality of the country where they stayed, either voluntarily or involuntarily, or someremained stateless persons, wanting to remain as Koreans to the end. And yet, if a question is asked whether the South Korean government has maintainedits duty to protect overseas residents or Koreans abroad, no affirmative response can be assured. On June 20, 2014, the second Administrative Department of the Seoul Administrative Courtmade a decision of a case in favor of the plaintiff for the first time in a nationality confirmationsuit ‘to confirm their Korean nationality’: Descendants of victims of compulsory manpowerdraft to Sakhalin v. The South Korean government. Part of this case might apply to Korean-Chinese: It is not the same case, but it couldbe classified into a similar case. The problem regarding this is that when Korean-Chinesewould like to obtain South Korean nationality, could everyone acquire one? Concerning this,Korean-Chinese filed a lawsuit asking for judgment on whether there is a Constitutional dutyof legislation or conclusion of a treaty with the Chinese government, so that they can chooseto have Korean nationality to the South Korean government and ask the appropriateness of the Constitutional appeal on the service guidelines, which disapprove the reinstatement ofthe nationality of Korean-Chinese. With respect to this, this study will analyze case overview(II), legal position of Korean-Chinese (III) and nationality of Korean-Chinese - their rightto return (IV).