외국인의 참정권에 관한 연구|RISS 상세보기

다국어 초록 (Multilingual Abstract)

In Japan, the concept of domiciliating foreigner is used based on discussions in Germany. However, this usage may be different according to its users. European imperialist countries are inclined to admit local suffrage rights for domiciliating foreigners who have resided for 3 to over 5 years in their countries. However, in Japan, this is ambiguous in relation with the concept usage in the current law system and the concept needs to be made clear. Also, the concept of foreigner that values the concept of denizenship falling under the category of foreign registration law system may be established.
In this regard, the aforementioned concept of denizenship is going to apply to Japan, and the proposal of the theory of denizenship is noteworthy. To introduce the concept of denizen, as a concept between a national and a foreigner, is seen as useful discussion for Japan that has problems surrounding suffrage rights for Korean residents in it. However, this theory has also some problems to address. For instance, questions remain about whether or not local suffrage rights and national suffrage rights can be homogeneously handled in denizenship or whether national suffrage rights cannot be admitted if it does not involve the concept of future national stipulated in Articles 11 and 97 of Japan's Constitution.
Even with these questions regarding the theory, the thinking of denizenship can be interpreted like the rights of people as discussed in France, the denizen should be included in the concept of citizen as the subject of rights aimed at expanding the citizen' direct participation in forming opinions so as to expand the conception of the subject, and the means of forming opinions should be furthered.
This paper sought to solve problems surrounding suffrage rights by Koreans residing in Japan in local and national elections through the theory of citizen rights and denizenship.

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