무국적자의 법적 지위와 한국의 최근 사례

• 영문명: The Legal Status of Stateless Persons and Recent Cases in Republic of Korea
• 발행기관: 조선대학교 법학연구원
• 저자명: 최홍엽(Choi, Hong-Yop)
• 간행물 정보: 『법학논총』제15권 제2호, 409~430쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

There are lots of international documents on the protection and reduction of stateless persons, The '1954 Convention relating to the status of stateless persons' ani the '1961 Convention on the Reduction of statelessness' are more concrete than other documents, RePlblic of Korea has not joined the 1961 Convention, but it acceded to the 1954 Convention in 1962, The 1954 convention relating to the status of stateless persons defines stateless persons as persons not considered as nationals by any State under the operation of its law, The annual statistics covering 2006 of the Ministry of Justice indicates that as many as 245 persons were stateless persons in south Korea, This paper provides a short overview of the 1954 Convention, ani analyzes soma recent cases of potential statelessness in Korea, Statelessness can be caused by many factors, Among the causes, there are conflicts of laws among from international marriages; consequences of nationality renunciation: non-issuances of birth certificates; procedural deficiencies linked to the acquisition, restoration ani loss of nationality; disorderly state dissolution ani succession: discrimination and deprivation; ani denial of citizenship, Though any of the above causes and others may arise, this paper brings a few cases into focus, The first group is people who get the Korea nationality fraudulently and who, after denaturalization, are unable to regain the original nationality they had voluntarily renounced, The second group is North Korean defectors, The third group is composed of children born from Korean fathers who have out recognized them, Although there are persons who don't have the nationality of Korea, and stay here illegally, I think, we cannot deny their legal position as stateless persons, which the 1961 Convention prescribed, In some cases we are to protect them as stateless persons, For example, we can admit Cheon-il Kim's position as the Convention stateless,

목차

I. 문제의 제기

II. 무국적자 협약상 무국적자의 개념과 지위

III. 최근사례의 검토

IV. 맺는말

키워드

무국적자 재외동포 무국적자의 지위에 관한 협약 무국적자의 감소에 관한 협약 국적법 stateless persons ethnic Koreans the 1954 Convention relating to the status of stateless persons the Convention on the Reduction of statelessness the Nationality Act