출입국관리행정과 인권문제 - 불법체류외국인 단속․보호를 중심으로 -

Abstract

With actual border being abolished, the 21century's coworking global system and the nation state system which sovereignty nations protects their countrymen and territory from external powers coexists. The immigration control administration deals with the radical conflicts between both systems in this era. One of the features of immigration control adminstration is that they have to fulfill directly opposed principles such as pan brotherhood and the principle of national interests first, humanitarianism and economism, cultural relativity and constitutionalism, and the policy of open doors and nativism. Some partial opinions states that regulating illegal staying foreigners should be accompanied by criminal processes, but from the viewpoint of immigration control adminstration regulating an illegal staying alien worker should immediately take a legal step. While there still exists human rights violation factors in the regulation, the guidelines of total and concrete protection of human rights required for the regulating process don't exists. Both intermission and forced removal and protective measures are the classic forms of compelling powers which can intervent a foreigner's liberty. Particularly, owing to the fact that korea has joined various kinds of human rights treaty according to the drift of international human rights protection, the immigration control adminstration for alien workers should be employed in an extent of the above treaties. The main manuscript inquires the matters that can occur between immigration control adminstration's regulation and protecting process. Also in treating problems related to the remedy at law,precedential common opinion about human rights and the particularity of immigration control adminstration are examined. As for substitute for conclusion, the manuscript is arranged of argument.