한국사회 내에서의 사회권 발전에 있어서의 다문화주의 - 한국의 여성결혼이민자 대상으로 한 다문화 관련 법안 중심으로

Abstract

Multiculturalism has been rigorously discussed in Korean society. In April 2006 the government declared a transition to multi-ethnic, multicultural society, and 「a basic law for the treatment of resident foreigners in February 2007 and 「the law for the multicultural family support」 were enacted in 2008.Government funding has been invested in the business as well as private resources of multicultural family support centers so that a variety of multicultural programs could be tested. In September 2008, with the enforcement of 「multicultural family support act」, married immigrants became the best beneficiaries of multiculturalism policy. However, as the purpose of the law states, this law targets a multicultural family rather than individual women immigrants and the guaranteed rights are social welfare services in 「basic law of social security」. By enforcing this law, total 45 local autonomous entities have enacted an ordinance to support a multicultural family and married immigrant family support center was only 37 in 2007 but this center was expanded to 217 in number as a multicultural family support center in 2017 and a nationwide social service delivery system for married immigrants was established. It is hard to find the ideals of multiculturalism that admit the cultural differences of immigrants as ethnic minority in 「Multicultural family support act」 and cares for them in an aspect of policy and institutional dimensions. Moreover, as they are not provisions of all support but temporary provisions consisting of “can” or “try to seek” terms that do not have legal effect. Korea’s multicultural policies are mainly focused on supporting giving birth to a baby and parenting of married immigrants as social services and as public administration program rather than a right stated evidently in law. Therefore, the present social welfare services for multicultural families can be withdrawn at any time at risk upon disappearance of the popularity of multiculturalism. As the related budget to the multicultural business increased, the problem of duplicated support by the overheated competition among ministries has been criticized a lot. However, more severe problem is that as the childcare budget of the children of multicultural family increases, ‘overheated application’ is another emerging side effect. Because organizations which take a budget from the government and conduct businesses must raise performance outcomes, they need ‘targets’, i.e., the children of ‘multicultural families. Therefore, Korean children who have immigrant mothers with acquired Korean nationality already are classified as ‘multicultural children’ and receive separate support. The children of multicultural family have no right to reject the benefits of policies ‘for’ them The agenda of the rights of immigrants in the Korean society needs to be addressed within the framework of Fraser’s two-dimensional definition rather than multiculturalism. Immigrants in Korean society are suffered from not only cultural injustice such as cultural domination, disclaimer, and ignorance, but also economic injustice such as exploitation, economic change, and deprivation and exposed to a variety of violence. However, multiculturalism that does not have citizenship embeds a risk to un-politicize the issue of the rights of immigrants and to stuff their cultures rather than to solve such injustices.