헌법상 외국인의 참정권에 관한 연구 = Studies on the Constitutional voting rights for foreigners

다국어 초록 (Multilingual Abstract)

Today the International relations are becoming increasingly interdependent, and universal human rights and the pursuit of democracy are taken for granted.
Korea is regarded to have become a 'muliticultural society' considering drastic increase in its social and economic activities as well as increasing number of foreign resident and international marriage.
Universal human rights must be guaranteed against foreigners, as well as means, they are a member of our community, local residents have also in the position we should keep in mind. In this regard, the recognition of political rights of foreigners is required to review as a problem.
First, the biggest obstacle to giving recognition of voting rights to foreigners is that it can be unconstitutional on the principle of national sovereignty grounds. According to the theory of ideological unity, the principle of national sovereignty does not accept the foreigners as a national. According to another opinion, the inclusion of the foreigners is not saying clearly. According to the other theories of sovereignty, foreigners may be included in the National. Meanwhile, a new theory of national sovereignty has been raised in Japan, Germany and places like France.
This theory recognizes the concept of the people with a broad purview. According to this view, the national sovereignty theory assumes that people are not necessarily national, and granting suffrage to foreigners does not violate the Constitution.
From the perspective of the fundamental rights theory, without any concrete grounds, we sould not separate the fundamental rights of human rights and the rights of the people by the nature only in giving rights to the foreigners but protect the basic rights of the human identity area and specifically exercise the voting rights of foreigners to the basic rights of human reach and then sould be determinded how much each ought to acknowledge the scope of protection.
And the restrictions limit the fundamental right to decide on the general principles are valid. Therefore, it is logical for constant foreigners - including permanent residency who are living in the Republic of Korea with a favor - to admit to the suffrage, though they do not have the nationality of the party.
On specific range of international recognition of the suffrage, The right to vote in national elections can be recognized. However, it is difficult to acknowledge the President's eligible, eligible for the National Assembly in a proportional representation. In the current, National Public Service Law and the Local Public Service Law, a foreigner investigation are admitted rights to Public office of foreigners. Depending on the nature and purpose of the position, these rights can be recognized. The right to make political parties, election activists, political activities, such as the right to the legal limit should be reduced or eliminated.
When considering the essence of local autonomy and the 'resident' status, the local elections and national elections have a different rationale. Therefore, foreigners can participate in local elections and officials.

목차 (Table of Contents)

• 제1장 序 論1
• 제1절 연구의 배경과 목적1
• 제2절 연구의 범위와 방법4
• 제2장 국민주권론 관점에서의 외국인의 참정권7
• 제1절 문제의 제기7
• 제2절 전통적 국민주권론8
• 제3절 새로운 국민주권론 : 국민개념 확장론16
• 제4절 국민주권론에 따른 외국인의 참정권31
• Ⅲ. 소결36
• 제3장 기본권론 관점에서의 외국인의 참정권39
• 제1절 문제의 제기39
• 제2절 외국인의 참정권 주체성40
• 제3절 참정권 주체로서의 외국인의 범위60
• 제4절 외국의 입법례73
• 제5절 내․외국인의 평등 문제101
• 제4장 국정선거와 지방선거에서의 외국인의 참정권115
• 제1절 문제의 제기115
• 제2절 국정선거와 지방선거의 본질과 성격116
• 제3절 국정선거에서의 외국인의 참정권137
• 제4절 지방선거에서의 외국인의 참정권156
• 제5절 보론 - 재외국민의 참정권172
• 제5장 結 論178
• 참고 문헌181
• 영문초록189