외국인의 참정권에 관한 연구 - 재일동포의 참정권을 소재로 하여 -

다국어 초록 (Multilingual Abstract)

In japan,the concept of domiciliatii1g 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 over5 years in their. Countries. However, in Japan, this 15 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 der1izenShiP is going to app1yto jap'111' and the Proposal of the theory of der1izenshiP is r1otewortl1y, 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 re about Whether or not local suffarge rights and national suffrage rights can be homogeneously handled in denizenship or whether national suffrage rights cannot be ad1Tll'tted if it does not involve the concept of future natiorl.11 stipulated in Articles 11 and 97 of japan's Constitution.
Even `with these question5 regarding the theory the thiI1kir1g of denizenship can be interpreted like the rights of people as discussed in France, the denizenshould 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 probleTT1s surr0L1I1ding suffrage rights by KoreEIr1sresidirlg in Japan in local and national elections through the theory of citizen and denizenship.

국문 초록 (Abstract)

Ⅰ.서론
Ⅱ.외국인참정권문제와 주권론
1.외국인의 참정권의 근거
2.주권론의 내용
Ⅲ.유럽의 외국인 참정문제
1.프랑스의 이론전개
2.독일의 예
3.永住市民權論(denizenship)의 전개
Ⅳ.일본에서의 외국인의 참정권문제
1.이론적 구성의 변용
2.일본최고재판소 판결의 문제점
3.학설의 동향
4.국민주권원리를 중심으로 한 이론적 고찰
Ⅴ.市民主權論과 永住市民權論의 有效性
Ⅵ.마치며