분단과 독일인의 국민자격 변화의 역사적 고찰

• 영문명: A Historical Review on German Citizenship in the FRG and the GDR from 1945 to 1990
• 발행기관: 한국독일사학회
• 저자명: 권형진(Kwon Hyeoung jin)
• 간행물 정보: 『독일연구』Vol.27, 189~227쪽, 전체 39쪽
• 주제분류: 인문학 > 역사학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

This article traces the historical context in which German citizenship policy has developed and evolved. After 1945, former German areas were under the rule of four occupied powers, the United States, the United Kingdom, the Soviet Union and the France. Soon afterwards, new federal states(Länder) were formed in the Allied zones, replacing the pre-war states. In 1949, with the continuation and aggravation of the Cold War, the two German states originated in the Western Allied and the Soviet Zones. The Basic Law for the FRG(Grundgesetz für die Bundesrepublik Deutschland) was approved on 8 may 1949 as the Constitution of West Germany. And the first constitution of the GDR was proclaimed on 7 October 1949. The German Basic Law(Article 116) confers, within the confines of the laws regulating the details, a right to citizenship upon any person who is admitted to Germany(in its 1937 borders). At one time, ethnic Germans living abroad in a country in the former Eastern Bloc(Aussiedler) could obtain citizenship through a virtually automatic procedure. The German Basic Law entitles persons, who were denaturalised by the Nazi government, to be renaturalised if they wish. German citizenship was based primarily on the principle of jus sanguinis, which originated from the 1913 nationality law. Also the 1949 constitution of the GDR was based same principle. But in 1967, Ulbricht called for a new constitution, declaring that the 1949 constitution no longer accorded with the relations of socialist society and the present level of historical development. The 1968 new constitution of GDR was conformed with the Marxist-Leninist belief in the progression of history and the role of the working class led by the SED. After German unification in 1990 and the collapse of the Soviet bloc in 1991, the principle of jus sanguinis became outdated and impractical.

목차

Ⅰ. 세계화 시대 속의 국적: 문제 제기

Ⅱ. 패전: 국적 없는 사람들

Ⅲ. 분단: 두 개의 국가, 두 개의 국적

Ⅳ. 분단 상황: 두 국가, 한 민족?

Ⅴ. 통일: 하나의 민족을 위한 단일 국적?

참고문헌

키워드

독일의 국적문제 독일 국적법 서독 기본법 동독 헌법 연방피추방 민법 동독국가시민법 동독 신헌법 German Nationality Question German Nationality Law Basic Law of FRG Constitution of GDR Federal Expellee Law of the FRG Law of State Citizenship of GDR New Constitution of GDR