在日僑胞 ‘法的地位協定’의 국제법적 의의와 문제점

Abstract

The issue of Koreans (or Korean Residents) in Japan is an old subject- matter deriving from Japan’s illegal occupation of Korea. The issue of the legal status of Koreans in Japan was addressed at the time of the conferences for the normalization of diplomatic ties between Korea and Japan from 1951, and ensconced in a bilateral treaty, the Agreement on the Legal Status and Treatment of Korean Residents in Japan(hereinafter, the “Legal Status Agreement”) in 1965. This agreement, however, failed to bring improvements to the legal status of Korean Residents in Japan, in any fundamental fashion. In 1991, the foreign ministers of the two countries signed a Memorandum of Agreement(hereinafter, the “Memorandum”), though, to introduce amendments to the Legal Status Agreement. This Memorandum left out some of the essential questions touching the legal status of Koreans in Japan, such as equal rights concerning the civil, political, economic, social and cultural fields including, for example, right to participate in politics at both national and local level. Indeed, the current legal status of Koreans in Japan is not sufficient to provide themselves with equal protection against potential restrictions and abuses of human rights, and much remains to be improved in the legal status and treatment of Koreans. This essay tries to examine the significance of the Legal Status Agreement and the Memorandum, and the problems of the current legal status of Korean Residents in the perspective of international law. Some issues detrimental to the legal status of Koreans in Japan such as restrictions on social welfare services, employment in public offices and equal participation in local politics, strict application of the Immigration Control Law, and discrimination in education and employment in private enterprises still await resolution. In fact, due to the special historical circumstances surrounding their initial settlement in Japan in addition to the problems under international human rights law, Koreans in Japan should have been granted somewhat more stable and improved legal status than other foreigners living in Japan. A dual trend toward globalization and localization characterizes the 21st century. Globalization of human rights requires respect and equal protection of human rights regardless of nationality of residents in local community. International human rights law urges national societies to protect the basic human rights of all members residing within their territories, as much as possible. Therefore, Japan must try to step up to guarantee the sufficient legal status and equal treatment of Koreans both as human beings and as permanent residents of their respective local communities. Given the special historical background of the issue of Koreans in Japan and the fact that Japan was primarily responsible for bringing this Korean minority to its soil, the obligation of finding a solution to enable them to live with dignity and lead a socially fulfilling existence befalls on its government as well. Japanese Government must make more active efforts toward improving the legal status of Koreans in Japan through the affirmative amendment of the Legal Status Agreement and the Memorandum, and related national laws.