(A) comparative study on the nationality laws of the Republic of Korea and Mongolia with special reference to dual nationality|RISS 상세보기

다국어 초록 (Multilingual Abstract)

Today, after more than two decades of democratic development and openness, Mongolia faces new challenges, on both legal and social fronts. Since the early 1990s, about 130,000 Mongolians - 4,5 percent of the total population of the country emigrated overseas, and more than 40,000 Mongolian citizens gave up their citizenship and have become foreign nationals. The overseas Mongolian population has produced about 4,400 children, 2,000 of whom became foreign nationals, principally because Mongolia’s law does not allow dual nationality. This is a matter of concern, given the relatively small population of Mongolia, and its goals and challenges of economic development. Mongolia needs to address the issue of dual nationality at the legislative level through adjustment of the current single-citizenship legal system. First, the country clearly needs to undertake broad based study at the legislative level on possible modes of recognizing dual nationality to address the current challenge.
This dissertation examines the concepts of nationality/citizenship in the context of general theory, as well as the grounds of occurrence of dual nationality in practice, based on experiences of dual nationality in the world. In discussing the popular modes of dual nationality, the author investigates the process, of how the phenomenon emerged as one of the trends in the migration of humans and the exchange of knowledge.
In particular, the dissertation provides a comparative analysis of the characteristics of the nationality laws of the Republic of Korea (ROK) and Mongolia, taking a closer look at issues related to dual nationality, by analyzing it from the perspectives on legal reform, social integration and human rights. On May 4, 2010, the Republic of Korea adopted an amended Nationality Act, recognizing dual nationality on a limited basis. It was a long awaited outcome of the ROK’s economic and social development pattern, its rapid export oriented industrialization, encountered impediments magnified by the Asian financial crisis in the late 1990s. The underlying principles, that guided the ROK in its reform of the nationality concept in the context of recognizing multiple nationality were: (1) the need to raise economic competiveness through attracting foreign talent and foreign investment, (2) use a humanitarian approach based on the principles of human rights, (3) halt the overall decline of the population and the outflow of national talent abroad.
The work also presents the ROK’s experiences in introducing dual nationality in the context of its efforts to integrate foreign residents, including ethnic Koreans and other foreign workers who came to the country through multiple employment systems and a relaxed immigration regime. The study approaches the issue as a single, yet comprehensive legal and social process, and argues that without broad-based, long term social support, the ROK’s move recognizing multiple nationality may not achieve its goals.
As these policies were implemented, there was an overall increase of the whole spectrum of foreign residents in the country, including Koreans, either naturalized or re-instated their nationality, ethnic Koreans and foreign workers. This has formed the broadest social base, thanks to which, much of domestic “outstanding talent”, could be retained and be able to join the upper level technological jobs, much needed for country’s economic competitiveness, replacing those talents who remain emigrees due to a variety of reasons.
The dissertation attempts to investigate a causal connection between dual nationality and the advancement of such universal values and principles as human rights, freedom, non-discrimination, social progress and democracy in general. While demonstrating the increase of dual nationality in the world in recent decades, the study argues that dual nationality does become one of the contributing factors in the shared achievements and prosperity of economies, societies and international cooperation.
Based on its theoretical and practical findings, as well as the experiences of the ROK’s policies on multiple nationality, the study makes suggestions for the appropriate policy approach for Mongolia, and what specific measures should be taken for the future, in preparation for further steps resulting in recognizing dual nationality. However, it cautions that, regard for the national security dimension of dual nationality is imperative for a country like Mongolia, a small homogenous ethnic nation, sandwiched between giants like China and Russia.
The study aspires that a range of critical points, raised by the Korean scholars and legal experts, on the current state of implementation of amended legislation on multiple nationality and other supporting social programs in the ROK, that would greatly contribute to Mongolia properly addressing current challenges on the front of dual nationality.

번역하기

목차 (Table of Contents)

CHAPTER I. INTRODUCTION 1
1. Purpose of the Study 1
2. Scope and Methods of the Study 6
CHAPTER II. THEORY AND LAW ON NATIONALITY IN THE REPUBLIC OF KOREA AND IN MONGOLIA 12

CHAPTER I. INTRODUCTION 1
1. Purpose of the Study 1
2. Scope and Methods of the Study 6
CHAPTER II. THEORY AND LAW ON NATIONALITY IN THE REPUBLIC OF KOREA AND IN MONGOLIA 12
1. Theory and Concept of Nationality/Citizenship in International Law 12
2. Law on Nationality in the Republic of Korea 18
3. Law on Nationality/Citizenship in Mongolia 27
4. Conclusions 38
CHAPTER III. THEORY AND LAW ON DUAL/MULTIPLE NATIONALITY IN THE WORLD AND IN THE REPUBLIC OF KOREA 43
1. Theory and Concept of Dual Nationality 43
2. Dual Nationality under International Law 48
3. Law and Practice of Dual Nationality in the World 53
3.1. Introduction 53
3.2. The United States and Canada 55
3.3. Western Europe / Germany 58
3.4. Central and Eastern Europe 62
3.5. China and Japan 71
4.The Law and Practice of Multiple Nationality in the Republic of Korea 74
5. Human Rights and Democracy Dimension of Dual Nationality 82
6. Some Critical Issues Regarding Dual/Multiple Nationality in the Republic of Korea 89
7. Conclusions 97
CHAPTER IV. THE ISSUE OF THE INTRODUCTION OF DUAL NATIONALITY IN MONGOLIA 103
1. Necessity of Introduction of Dual Nationality in Mongolia 103
2. National Security Dimension of Dual Nationality in Mongolia 105
3. Relevant Legal Issues in Mongolia 111
4. Suggestions for Introduction of Dual Nationality in Mongolia 115
CHAPTER V. OTHER LEGAL ISSUES RELATED TO FOREIGNERS INTEGRATION IN THE REPUBLIC OF KOREA AND SOME LEGAL IMPLICATIONS FOR MONGOLIA 123
1. Right of Foreigners to Political Participation in the Republic of Korea 123
2. Employment Permit System – EPS for Foreign Workers in the Republic of Korea 130
3. Immigration Policies of the Republic of Korea to Attract Foreign Workers 140
4. Some Legal Implications for Mongolia 143
CHAPTER VI. CONCLUSIONS 149
BIBLIOGRAPHY 154