사실혼 관계의 재중탈북여성 및 그 자녀의 법적지위에 관한 중국법제

• 영문명: China’s Legislation as to the Legal Status of Female North Korean Defectors in China that are Married According to Common Laws and Their Children
• 발행기관: 경희법학연구소
• 저자명: 강효백(Kang, Hyo-Baik)
• 간행물 정보: 『경희법학』제44권 제3호, 125~152쪽, 전체 28쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

The central point of discussion as to female North Korean defectors in China has taken the external approach, that is, the approach from the perspective of internal law that requires the recognition of refugee status or the approach of the international community that places diplomatic pressure on the country. These approaches, however, are not only unrealistic and inefficient, but also have the risk of resistance from China that may suppress the human rights of those defectors all the more as a result. For the defectors that have children from the de factor marriage with Chinese men, China is the place they would probably want to stay in. Naturally, they would want their quality of living in China to be improved rather than seek to enter Korea. Chinese government assures the status of foreigners and their children born from the marriage with Chinese; This is not the case for North Korean defectors, however. Their stay in China is regarded as being against the law, and consequently, they, not being provided with the legal protection, are exposed to the risk of compulsory repatriation back to North Korea and this is contrary to the principle of equity. It is necessary to set up a mechanism that not only grasp the current situation of female North Korean defectors in China as well as keeps a close watch on legislation trend of the country, but also provide these information to them so as to help them take self-defense measures and survive on their own. Even if it were difficult to find a way to give female North Korean defectors a refugee status, the measures are still needed that not only guarantee their legal status in certain districts, but also treat them equally as a native in whole of China based on China’s domestic law such as ‘marriage law’ that recognizes the legal force of de factor marriage the same as that of marriage according to statute.

목차

l. 서론

ll. 중국법제의 특징 및 탈북자 관련 중국법제

lll. 사실혼 관계의 탈북여성의 지위에 관한 중국법제

lV. 재중탈북여성의 자녀의 지위에 관한 중국법제

V. 결론

키워드

사실혼 탈북여성 자녀 법적지위 중국법제 De Factor Marriage Female North Korean Defectors Children Legal Status China’s Legislation.