중국조선족 국적인정에 대한 소고

Abstract

To date, despite the fact that much research has explored the issue of nationality of Chinese ethnic Koreans, the studies have exclusively focused on regional regulations and instructions. Few studies have aimed to discuss relevant instructions from the central committee of the Communist Party of China (CPC). The problem on nationality of Chinese ethnic Koreans has been fundamentally resolved upon the releasing of Instruction of the CPC Central Committee on the issues about ethnic Korean with Chinese Nationality and Korean Expatriates on August 17, 1953. Specifically, the prerequisites can be unfolded as: it is based on the latitude of Shan Haiguan, China; it should be prior to the foundation date of the People’s Republic of China (October 1, 1949); most importantly, it is based on the land distribution in North East of China. The Instruction has become not only the basic policy for resolving nationalities issues in China, but also the second unwritten nationality law in the Chinese history. This unwritten nationality law had fulfilled its historical duty when the Nationality Law was legislated and launched by China in 1980. This paper will provide new lawful evidence to the research in China and South Korea on issues regarding the nationality of Chinese ethnic Koreans and overseas Koreans.