재외동포법의 문제점과 해결방안

Abstract

The fourth generation overseas Koreans (including Russian Koreans, or Goryeoins and those in China) have not been recognized as Koreans because of the rules (The Law on Entry to and Exit of Korea and Legal Statuses of Overseas Koreans (hereafter will be called the Overseas Koreans Law). Article 2-2 of the Overseas Koreans Law, and Article 3-2 of the same law) which only recognize overseas Koreans as Koreans up to only the third generation, face the family disorganization. On September 12, 2017, the Ministry of Justice announced that it will implement ‘temporary relief measures’ to the problem. Specifically, the department announced that, ‘to solve the problem that the forth generation Koryeo people should leave their parents who stay in Korea, they are given ’the right to visit and stay with their parents’ (F-1) - while prohibiting them from having jobs during the period from September 13, 2017 to June 30, 2019. Then, why do those articles acknowledge overseas Koreans as Koreas only up to the third generation, and why does the Ministry of Justice have to prepare for temporary relief measures? This study will deal with such questions. Therefore, this paper intensively examines the history and changes of the Overseas Koreans Law which have caused such problems (II), problems and solutions of the law (III), and the question whether Koryeo people and Joseonjok are Koreans or not, and suggests Solutions.