한국 내 태국·베트남 이주민을 통해 본 다문화가족지원법의 문제점과 개선 방안 = Problems and Improvement Measures of the Multicultural Families Support Act: Focusing on Thai and Vietnamese Migrants in South Korea

다국어 초록 (Multilingual Abstract)

This study critically examines the legal limitations of the current ‘Multicultural Families Support Act’, specifically its focus on nationality and permanent settlement, and proposes legislative improvements aligned with the evolving landscape of migration. Although South Korea has rapidly transitioned into a multicultural society, the Act enacted in 2008 limits support to families composed of Korean citizens and marriage immigrants, creating significant institutional blind spots. To empirically analyze these legal gaps, this paper compares Vietnamese and Thai immigrant groups, which exhibit contrasting residency characteristics. Vietnamese immigrants, representing the ‘settlement model’, ‘face status dependency’, where their right to stay is subordinated to the will of their Korean spouses. This structure creates a paradox where immigrants endure human rights violations to avoid losing their legal status upon the breakdown of a marriage. Conversely, Thai immigrants often follow a "fluid model," characterized by a large-scale undocumented population(Phi Noi) resulting from the visa-waiver system. Despite forming actual family units, they are systematically excluded from basic social safety nets, such as education and healthcare, due to their lack of nationality or legal residency status. To address these issues, this study proposes several legislative alternatives. First, the definition of family in Article 2 of the Act should be redefined from a nationality-based approach to one focused on actual residence and child-rearing, encompassing foreigner-only and undocumented families. Second, the law should establish an independent right of residence to eliminate status dependency, allowing immigrants to maintain their status under certain conditions even after marriage dissolution. Third, humanitarian exceptions and ‘firewall’ regulations should be introduced to separate immigration enforcement from welfare services, ensuring the rights to education and health for children in undocumented families. Ultimately, shifting the paradigm of multicultural legislation from the approval of status to the guarantee of daily life is essential for achieving true social integration based on universal human rights.