다문화 가족의 보호와 지원에 관한 법제 소고

Abstract

With the increasing cases of international marriages, Korea has currently suffered from many societal disorders. For thousands of years, Koreans have been a group of people with a higher sense of ethnical simplicity; however, the strikingly increasing number of foreign females has undoubtedly threatened Korean’s sense of simplicity. Unlike other foreign laborers who return to their hometown after a certain period, those foreign females who marry Korean males are naturalized to be members and have permanent residence in Korea. Hence, it can be perceived that several problems on female immigrants’ rights have been revealed. Apparently, Korea has become a multicultural society gradually owing to the increasing number of long-staying foreigners, including marital immigrants. This phenomenon also demonstrates that it is indispensable to carry out some policies to protect or support these foreigners in Korea. On these grounds, Korean Parliament has enacted “Act on the Treatment of Foreigners in Korea,” “Support for Multicultural Families Act.” Furthermore, “Proposed Standard Ordinance to Support Resident Aliens” is also established. All of these regulations focus on protection and support for the marital immigrants. The author has discussed the positions of marital immigrants in Korea and its legal problems in previous essay generally. In this paper, the author will chiefly discuss the importance of marital immigrants’ positions and human rights, and meantime, examine the existing problems. The following will focus on these regulations and their existing legal problems. First of all, it is regulated that “Act on the Treatment of Foreigners in Korea” can only apply to legal-staying foreigners in Korea, not other illegal-staying foreigners in Korea. But it is evident that all of the marital immigrants and their children, foreign laborers, long-staying foreigners, and refugees also need some supports or protection so that they can adapt themselves to Korean society without discrimination. Hence, it may call it in question if all of the illegal-staying foreigners are excluded from this regulation, without considering each situation or type of the illegal-staying foreigners. As the illegal-staying foreigners also need some supports or special protection, it is much better to provide them appropriate supports or protection in accordance with the situation of each case. Secondly, it’s better to set up an institution which deals only with the supports and protection for those long-staying foreigners, such as immigration institution. If there is difficulty in setting up such an institution so immediately, then Ministry for Health, Welfare and Family Affairs could take charge of this affairs focusing on the supports and protection for these foreigners, but not on restraints or penalty. Next, most of these regulations are declarative and advisory, without any actual effects. Hence, it is likely that these regulations will become ‘decorative’ regulations. Lastly, it seems that it is not necessary to regulate that foreigners can receive language and cultural education, child care, and education for children only within 3 years after obtaining nationalities because some of foreigners still need some supports after this regulated period of time. So it appears appropriate to abolish the limit of time in this item.