개정 국적법에 대한 비판적 고찰

Abstract

This article seeks to review the major contents of the Nationality Law of Korea which is revised, 4 May 2010. And this paper aims to analyze critically the main contents of the Nationality Law through the perspective of international law. To do this, particularly, I will try to review on the meaning of nationality in international law and assess the Nationality Law of Korea based on this analysis. Nationality under international law means a person belonging to a particular country a legal tie. Particularly, nationality means that some individuals 'state' of the people(nation) status or position means being. Some individuals placed under the personal jurisdiction of a particular country is a legal bond. In this sense, nationality, against the people of the state to exercise personal jurisdiction based on the criteria or can be said. And who is going to be a national of a country, in principle, each country should decide matters falling within the domestic jurisdiction because the state of their own law(primarily the Nationality Law) shall govern this issues. International Court of Justice declared in Nottebohm case(1954) as follow:“Nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties”Nationality, while the meaning of the basic rights of individuals(right of nationality) means status as a nation of individuals. Therefore, the country due to personal enjoyment of human rights as a subject will have a position. In the past, nationality, belonging to any person in any jurisdiction to determine whether the administration was mostly used. Today, the human rights of the nationalities of these individuals have been identified as one kind. Therefore, the individual's country of nationality shall not arbitrarily deprived, individuals have the right to change his nationality. In the meantime, the Nationality Law of Korea has held fast to the strict single nationality. Continuous criticism of single nationality has been constantly raised. Instead, In the last 60 years, Korea had adhered to a single nationality, for many years to improve the best foreign talent concluded after a long discussion of naturalization requirements are relaxed, national mitigation obligations of foreign nationality renunciation of the acquirer, born multiple nationality such as improving national to the main content of the 10th amendment May 4, 2010 Nationality Law was announced. The main characteristics of the revised Nationality Law that had long held fast to relieve single nationality is granted a limited multiple nationality. Korean government emphasized that the above information, a word about this amendment to the Nationality Law, ‘the advancement of national institutions’ that have been evaluated. However, this newly revised Nationality Law can be evaluated that it put more weight on national competitiveness rather than national integration and social integration. This revised Nationality Law abandoned the principle of single nationality is not unusual to be passive, allowing multiple nationality can be evaluated. Korean government efforts to improve a nationality institution for many years, which still showed the following problems. First, in a special naturalization system, “national interest” provisions that are vague criteria. Second, the “talented” the concept of “national interest” as an ambiguous concept. Third, ethnic Koreans in Japan and China can not solve nationality problems. Fourth, the revised Nationality Law, the “acts contrary to the national interest” or “interfere with public order act of causing” the loss of nationality may make decisions that the system was established. This provision has the potential to abuse. And the device of prevention from evading military service in preparing for a multiple nationality is required. In addition, for multiple nationality, because the general public's eye to the highly praised the government's program should be for overcoming objections. Admission of multiple nationality, Social Security benefits, voting rights, etc. not to be unjust policy of detail is required.