戰後 日本의 在日朝鮮人 法的地位에 대한 政策

The Legal Status of Korean Minority in Japan during the Postwar Period -On the Special Permanent Residence-

The U.S. forces, the occupation army, ignored the particular condition of the Koreans who were living in Japan. As soon as the U.S. military government ended, the Japanese government unilaterally took the policy regarding Koreans in Japan as foreigners according to Foreigners Registration Law in 1952. The Japanese government only admitted that Koreans had the temporary right to stay in Japan by the law No. 126, instead of the right of permanent residence. While the Japanese government justified the policy by insisting that the ethnic Koreans should recover the Korean nationality, Koreans living in Japan had the nominal nationality of 'Chosen', which meant the place name, not the virtual nationality. However, the establishment of two countries' relations in 1965 brought the change of the legal status of the ethnic Koreans. In case of Korean Japanese with the South Korean nationality, the first and the second generation Koreans were given the right to live permanently in Japan(the permanent residence system by agreement). As for their grandchildren(the third generation), the two countries were to discuss the problem in 1991. Since 1965, Koreans in Japan were divided into two: one group with the South Korean nationality and the other group with the North Korean nationality. In 1982, Korean Japanese with the North Korean nationality were also given the right of permanent residence(the special permanent residence). It was because Japan was asked to equalize the legal status of the immigrants as the Vietnamese refugees came to Japan. In order to decide the legal status of the Korean third generation, the Korean President visited Japan in May, 1990 and requested the right of their permanent residence, the abolition of the fingerprint register system of Korean Japanese. Moreover, the Korean government strongly demanded Japan to admit the national education for Korean Japanese and to remove the social discrimination including the permission of reentry system and to give them suffrage in the local election. As a result, the Japanese government agreed to the right of permanent residence of the third generation Koreans but other issues were suspended. Even on the right of permanent residence, in was limited by the permission system. For example, Japanese attorney generals could rule the forcible deportation against Korean Japanese if they were thought to be potential criminals. Five years of time limt for reentry permission keeps Korean Japanese from free exit and reentry. This new system negates "the Protection Practices of National Minority's Identity" decided by the human right memorandum committee of UN and also negates "the Reentry Right of Legal Permanent Residents" decided by the preventing discrimination and protecting minority committee of UN.