이민행정법의 최근 쟁점 행정법의 관점에서 본 이민법의 쟁점 = The Administrative Law Approach to Immigration Law

다국어 초록 (Multilingual Abstract)

As long-term staying foreigners have been rapidly increasing, the call for comprehensive and policy goal-oriented legal control of immigration process of Korea is prominent. Then, it is time that we establish Immigration Law, Immingration Jurisprudence as a distinct branch of law. Immigration law consists of domestic laws on regulating entry and departure, staying in Korea, permanent residency, naturalization, and asylum of aliens and international law on legal status of immigrats. And human rights law is a part of immigration law. From the viewpoint of administrative law, the distinguishing fact of immigration administration is that administrative agency use authoritative power against foreign people, who are not subject to the sovereignty of the country and have not been endowed with any chance of democratic participation. The proper legal protection of foreigners can be justified when we abandon binary category of ``national v. foreign`` and take plural categories of membership of a State, for example, citizen - quasi-citizen - denizen, etc. The principle of rule of law should be applied to the immigration administration. It is justified and required not only from the normative principle of law, but also from the function of rule of law as an axis of social integration. The concrete extent and way of applying rule of law, however, can be restricted within reasonable scope. Legislators and administrative agencies can be endowed with broader discretion under immigration law comparing with administration for nationals.