‘모든 국민’이라는 허구적 보편성: 코로나19 재난지원금에서 외국인 배제에 관한 국제인권법적 비판

Abstract

As the COVID-19 pandemic affects all members of Korean society, claims for universal disaster reliefs that cover “all nationals” grew. The central and local governments have implemented several emergency disaster relief fund programs, but migrants who have foreign nationals were excluded from the benefits in multiple cases. Under the international human rights laws, it is established that discrimination on the basis of nationality or migration status is prohibited in ensuring human rights, including the right to social security. Because migrants are especially vulnerable in the situations of disaster, as revealed in the COVID-19 pandemic, the United Nations, WHO and other international organizations repeatedly emphasized that all policies responding to COVID-19 should be inclusive to migrants, refugees, and stateless people. The failure of South Korean governments in implementing such inclusive approach is rooted in the Korean nationals-centered norms under the Korean Constitution that justify inferior status of foreign nationals. Such discriminatory norms in contradiction to the international human rights laws are ingrained in the administrative system and have normalized institutional discrimination that separates and excludes migrants from social benefits, even during this pandemic situation, thereby exacerbating the existing inequality. Meanwhile, it is also true that the universality of the risks and threats that the pandemic causes has made people realize the necessity of social solidarity among all members of the society regardless of nationality. Signs of expanded solidarity appeared through some inclusive policies implemented by local governments, and this article expects that such experience under the pandemic would make a momentum to revisit the domestic laws and policies that have largely failed to integrate migrants in the system.