한국인은 누구인가?-북한과 재외동포의 국적문제

Who is Korean?-The nationality problem of compatriots in North Korea and the other countries

The concept of 'nation' or 'citizenship' is considered to be one of the most important elements in the state with territory and sovereignty as well But in a long time it looks like to be very little interested in the field of nation and territory in our constitutional study Recently the problem of nation and territory not only arouse diplomatic dispute with neighboring countries but also it is a pending issue which is to be settled urgently for a restoration of our historical continuity and identity as a home affair In 1999 our government enacted a law on the Immigration control and the legal status of korean residents abroad However this statute roused a constltutional complaint and in 19 Nov 2001 our constitutional court decided unconstitutional against some provisions in this law Because this law have excluded the compatriots and its lineal descendents who have removed into other countries like China and Russia before the establishment of Republic of Korea in 1948. They could not help but to have leaved home country for independence movement and to have avoided forced labour or draft and plunder from Japanese Imperialism According to the decision of the constitutional court this law was to be void at the time limit of 31 Dec. 2003 In 4 Nov 2003 some people with double nationalities of Republic of Korea and China brought constitutional complaint because korean government did not make way for restoration of their nationality or blocked the way to restore it by discriminative inner directive of our government On the other hand some compatriots who have suffered much pains m North Korea by its difficult economic conditions and closed political system try to escape to South Korea. The problem of nationality is now to become important subject in our constitutional theory. Especially m case in our country having been experienced unhappy times past of Japanese imperial colonial rule and 60 years of national division. it may fairly be said that a lot of difficult problems which are not yet settled in the historical transition In our country are now waiting for a proper solution. In this paper the theories and the Judicial cases on the nationality are Inquired