공법분야 투고논문 : 결혼이주관련 법제의 문제점과 개선방안에 대한 일고찰 -결혼이주여성의 인권의 관점에서- = A Study on Marriage Migration-related Laws -From the standpoint of human rights of marriage immigrant women-

다국어 초록 (Multilingual Abstract)

This paper aims to examine marriage migration-related laws and to find what to be revised improve the human rights of marriage immigrant women. transnational marriages have been rapidly increasing in Korea since 2000.The large portion of whole cases of transnational marriage are international marriages of foreign women and Korean men. This research shows the existing laws relating marriage migration are not enough to supplement the unequal relationship between foreign women and Korean men in the ``multi-cultural family`` and to protect the human rights of marriage immigrant women. This research examines Nationality Act, Basic Act on the Treatment of Foreigners in Korea (2007), Multi-cultural Family Support Act (2008),The local government`s Ordinances on ``rural bachelors`` and multi-cultural family, Act on the Regulation of Marriage Brokerage Agencies (2007), and other laws relating the human rights of marriage immigrant women in Korea. Nationality Act still requires at least 2 years married life & residence in Korea and at least 3 years marriages & one year`s residence in Korea even if it already revised for easier acquisition of nationality by marriage in 2004. Therefore, Nationality Act need to be revised to abolish this requirements and to stabilize the legal position of marriage immigrant women. Basic Act on the Treatment of Foreigners in Korea, Multi-cultural Family Support Act are limited since these are adopted for enrolled immigrant women who has the right to stay. Victims of family violence, the abandoned and divorced marriage immigrant women are excluded from the protection of these laws. Act on the Regulation of Marriage Brokerage Agencies is also not effective to correct problems of brokering process. Substantial legal relief services have to provided to implement this law for marriage immigrant women. Generally, Provision of discrimination against immigrants should be strengthened not only in the constitutional law and other subordinate laws. Korean government proclaimed multi-culture policy and enacted multi-cultural family law and other marriage migration-related provisions to integrate marriage immigrant women in Korea. State policy of marriage immigrants is totally different from immigrant workers. The government gives legal rights to marriage immigrant women as a wife of a Korean national or a mother of Korean national while it excludes immigrant workers from the protection of laws. But the state policy on marriage immigrant women is far from this overt purpose of legislation since the real policy pursues assimilation and adaptation of marriage immigrant women. In short, marriage migration-related laws have to be reconstructed to change legal position of marriage immigrants the spouse of Korean national or mother of Korean national into a human being and legal subject of her/himself.