외국인 이주노동자의 권리보장에 대한 헌법적 검토 - 유럽연합의 기본권 헌장과 유럽인권협약 상의 난민보호를 중심으로 -

Abstract

Europe's response to the mass influx of refugees in Europe today has many implications for us. In this regard, the provisions of the European Convention on Human Rights, which play a key role in the protection of human rights in Europe, the relevant provisions of the Charter of the European Union's Basic Rights, and the European Human Rights Court precedents and newly enacted reviews, would be very meaningful comparative constitutional studies for us. will be. This research review has an important significance not only in the comparative constitutional meaning but also in our current problem solving. The national demand for the rule of law to realize the immigration obligation of foreign migrants is also an important constitutional value. Nevertheless, it is an important constitutional value that is necessary to ensure the transparency of the implementation of the enforcement process and the possibility of public discussion about the constitutional suitability and adequacy of the constitutional value and implementation process. In order to effectively realize the administrative efficiency of immigration obligations, forced deportation measures are infringed in proportion to the principle of guarantee for various types of legal remedies, including basic rights of foreign migrants, judicial rights and the right to receive assistance from lawyers. It implies the possibility of doing. In this sense, it is judged that the examination of the constitutional issues and precedent application related to the legal application of Non-refoulment principle accroding to Geneva Refugee Convention and European Convention on Human Rights