외국인의 기본권 주체성과 노동3권

Abstract

Everyone who crosses the border becomes a foreigner. Even if an individual is outside his territory, his or her existence itself as a human remains unchanged. He or she is only him/herself. Citizenship, however, is an important factor in determining a person's basic authority in the constitutional order of a nation country in modern international relations. Citizenship still exerts a strong influence on an individual's legal status. The Constitution does not explicitly state whether a foreigner is subject to fundamental rights. The subject of each fundamental right is limited to person who has citizenship only. Within these contexts, there is controversy within the current constitutional system whether or not to recognize basic identity rights to foreigners, or whether to accept all basic rights or only specific basic rights. In the era of globalization, the debate on whether to stick to only the 'wording' expressing the fundamental right of the constitution or whether it can derive its basis from the passage of time and constitutional wording is a challenging mission given to us. The constitutional issues of the present Constitution will be examined in comparison with the German case. As the debate on the subjectivity of foreigners' basic rights is based on the discussion of the fundamental rights in the German ‘Grundgesetz’, classified as ‘human rights’ and ‘Citizens’ rights’. This research finds a link to find out what is the same and which is different so as to provide a basis for a more consistent interpretation of the current debate on the subject of fundamental rights.