• Title/Summary/Keyword: Immigration Law

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A Study on the Traits of Multicultural Society of Rural Areas in Korea (한국농촌의 다문화사회의 특징)

  • Lim, Hyung-Baek;Lee, Seong-Woo;Kang, Dong-Woo;Kim, Mi-Young
    • Journal of Agricultural Extension & Community Development
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    • v.16 no.4
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    • pp.743-773
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    • 2009
  • The objectives of this study were to study multicultural society of rural areas in Korea. USA immigration law permits permanent settlement but Korea immigration law prohibits permanent settlement. USA adopted the territorial principle but Korea adopted the personal(nationality) principle. So a large number of people immigrated and settled in USA and mass(collective) immigrants is usual in USA. But foreign workers(temporary immigration) and international marriage women(individual immigrants) is usual in Korea. According to the positive law, foreign workers cannot settle down in Korea. So international marriage women immigrants are main cause of multicultural society in rural areas in Korea. This is the particularity of multicultural society in rural areas in Korea. So it is necessary to differentiate multicultural society policy according to areas and residents. Many peoples see multicultural society from a point of view of human rights and welfare. But it is also necessary to see multicultural society from a point of view of economic and policy.

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Comparative Study on Major Nations's Related Legislation for Counter-terrorism (테러대응 관련 법제의 국가별 비교 연구)

  • Kwon, Jeong-Hoon
    • The Journal of the Korea Contents Association
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    • v.10 no.1
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    • pp.343-352
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    • 2010
  • As a result of comparing and analyzing the related legislation of each nation, more superior legislative systems should be made to cope with a number of terrors effectively. And also it is required to devise some concrete regulations such as the following in superior legislative systems. First, because it is hard to collect information on terrorism and watch over suspects according to Communication Privacy Protection Law. More in-depth discussion into the issue of surveillance is needed for the protection of lives and property, although public concerns of privacy are a valid point of contention. Second, it is necessary to take complementary measures on immigration as surveillance, since the current Immigration Control Law has restrictions in many ways to hinder efforts to root out terrorists. Third, under the current law on financial activities, it is impossible to block influx of terror financing. Therefore it is necessary to come up with ways of making the punishment procedures. Fourth, considering that convicted terrorists get punished under the standard procedures and precedents, it is required to clearly differentiate between what the terror acts are and what terrorist groups are. Fifth, it is necessary to make use of the private security system to enhance the security system of national facilities.

Improvements of the Relevant Act for Working of the Marriage Immigrants' Family in Korea (결혼이민자 가족의 국내 취업활동 허용을 위한 관련법 개선방안)

  • Cho, Hyun;Ko, Zoonki
    • Journal of Digital Convergence
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    • v.11 no.8
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    • pp.251-263
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    • 2013
  • To explore the device to allow the marriage immigrants' family to take jobs in our country, the social and economic environments that they face are investigated and analyzed through literature survey and field inquiry. The principal motive of the marriage to Korean is economic problem. But their actual economic conditions are inferior, and other legal problems, such as getting jobs and remitting money to their home country, drive them to unstable status. The present hiring policy is applied only to foreign workers with no domestic relations(E-9), hence the marriage immigrants are excluded from the domestic employment. To make institutional devices for giving them the employment opportunity, the modification of the existing laws are proposed. For examples, the 'Act on employment of foreign workers' can be revised to permit immigrant's relatives to get jobs, and 'Immigration control law' can be amended to guarantee legal qualification for taking jobs. It is desirable that the overall control be made by the Prime Minister's Office, and operation as well as surveillance be performed by the Ministry of Gender Equality and Family (MGEF) and the Ministry of Employment and Labor (MEL).

The Comparative Law Research On The Mandatory Control About Illegal Foreign Workers in China (중국의 불법체류 외국인근로자에 대한 법적 규제에 관한 비교법적 연구)

  • Noh, Jae-Chul
    • The Journal of the Korea Contents Association
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    • v.14 no.9
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    • pp.236-246
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    • 2014
  • Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

The Law Regarding International Marriage Migrant Women from the Perspective of Human Rights and Social Integration (인권과 사회통합관점에서 본 여성결혼이민자 관련법)

  • Wee, In-Baek
    • The Journal of the Korea Contents Association
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    • v.11 no.5
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    • pp.317-327
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    • 2011
  • This study examined with a view to legal system how to get over the adaptation problem as well as protection of human right about the cases of marriage immigration have sharply increased in Korea through Globalization and this brought about serious matters to multi-cultural families : disguise marriage, contract marriage, frequent divorces, especially conflict, violence, maltreatment of couple is guaranteed efficiently include against mankind universal value regardless of race, class, region undergoing farm village female marriage immigrants by cultural difference. This study is when the families of the marriage immigrants are left unattended in the state of the crisis, it definitely seems to be a serious obstacle for social integration and cost vast social expense. Therefore, I suggest the problems of multi-culture family support law and improvement plans for Marriage bureau agency management law and nationality Act through a comparative method about legislation of each country which has dealt with a phenomenon called 'multi-cultural Society' and fact-finding of female marriage immigrants in Gwang-ju Metropolitan City, professing "the city of human right".

Dietary Life Status of Korean Prisoners' and the Background during the Period of Japanese Ruling (일제하(日帝下)(1920년대) 조선인수형인(朝鮮人受刑人)의 식생활상황(食生活狀況)과 그 배경(背景))

  • Kim, Chon-Ho
    • Journal of the Korean Society of Food Culture
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    • v.18 no.1
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    • pp.56-68
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    • 2003
  • The objects of this study are to find out (1) real situation of the food supply in prison under Imperial Government of Japan more cleary (historical meaning) and (2) which might help in understanding wrong present food consumption patterns in Korea which causes environmental as well as health problems. It is generally known that the length of the Japanese occupation for Korea is 36 years. However, it is concluded in this study that it was longer (70 years ; from 1875 to 1945 from when Japanese Army attacked and occupied Yungjongdo and Kanghwado island to e time when they were defeated on World War II.) Korea was annexed by Japan in 1910 then the Imperial Government of Japan dismissed the Korea Army, controlled the Office of Justice and the management of prison by force. Since then about 50% of all land was fell into Japanese Government ownership and 80% of Korean farmers became as tenant. After this change, Korea farmers were forced to pay extremely high rent (up to 80% of its harvest). Forced immigration, low price procurement of grain by Japanese government up to more than 30%of their production, was practiced. Accordingly, the food situation of Korean farmers became miserable, which may caused more violations of Imperial Japanese Law. Malnutrition, epidemic diseases, mortality rate of infants soared and average life expectancy shortened to 20-30 years old. This was the period of World Economic Crises and Food Crises in Japan. It was said then that if one Japanese comes to Korea then 200 Koreans will starved to death. Meanwhile, Proconsul Bureau of Chosun requested to the Department of Medicine, the Imperial University of Kyungsung to survey food supply situation of Koreans in prison throughout Korea. Objectives of the survey then was not only to find out scientifically whether it is agreeable in maintaining prisoner's health and also find out the possibility to save food during food crisis. Survey was started from 1923 and ended in 1945, and it focussed on prisoners in the Seodaemoon Prison. This report is the outcome of the first survey. They concluded that the food supplied was nutritionally (had) no problem, in compare with those of workers in the factory, students in the dormitory in Japan and with those of prisoners in Taiwan, France and Germany. Amount of grain supplied were different according to their work lord and was divided into 9 different levels. Total grain was consisted of 50% millet, 30% soybean and 20% indica rice(variety). However, there were no difference in the amount of supply of side dishes between work groups. For the highest working group, 3280g of boiled grain per day was supplied to make stomach full but as a side dishes, salty fermented bean paste, fermented fish and salty soups, etc. was supplied. Deficiency of animal protein were observed, however, high intake of soybean may possibly caused animal protein deficiency problem. On the contrary, the intake of water soluble vitamins were insufficient but the level of calcium and iron intake seems to be sufficient, however, imbalance of intake of nutrition may caused low absorbtion rate which might caused malnutrition. High intake of dietary fiber and low intake of cholesterol may possibly prohibited them from so called modem disease but may caused the defect in disease resistancy againist epidemics and other traditional disease. Over intake of salt(20-30g per day) was observed. Surveyors who attended in this survey, mentioned that the amount of food intake may nutritionally be sufficient enough but the quality of food(and possibly, the taste of food) were like that of animal feed. For the officials who received this report might consider that considering the war situation and food crisis, the supply situation of food in the prison may considered to be good enough(because they are not starving). But as a Korean who studied this report, one feel extremely pity about those situation because (situation of) those period were very harsh under the Imperial Law and keeping the Law by Koreans were almost impossible, therefore, about one third adult violated the Law and were put into jail. And they were treated like animals.

A Study on International Convention on Oil Pollution Preparedness, Response and Co-operation for Domestic Legislation (유류오염 대비.대응 및 협력에 관한 국제협약의 입법론적 고찰)

  • 황석갑
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1998.04a
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    • pp.128-155
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    • 1998
  • Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

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Nationality Deprivation of Double Nationals in France and Securitization (프랑스 이중국적자의 국적박탈 논쟁과 안보화 (securitization))

  • Park, Sunhee
    • Journal of International Area Studies (JIAS)
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    • v.22 no.1
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    • pp.67-90
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    • 2018
  • France has allowed a deprivation of nationality for terrorism since 1996 Law. After then, a series of law revision (1998, 2006 law and 2010, 2015-2015 reform tries) have not only linked an act of terror with nationality deprivation but also put the dual national and their deprivation at the centre of dispute. Both 2010 Immigration Law by Sarkozy and 2015-2016 constitutional amendment by Hollande had been not adopted but have combined immigrants and security issue together by firmly solidifying the relationship between dual national and terrorist. Especially in 2015-2016, the constitutional amendment that failed to be adopted has extended a state of emergency and left the nationality deprivation of dual national as controversial issue. After over 4 months of discussion, the amendment that contains a clause of a state of emergency and extension plan for nationality deprivation was abolished but the dual national issues which had been non-politicized has now become politicized, defined as security issues and finally securitized. It shows very two-stage process of securitization argued by Copenhagen school including Buzan. The importance of securitization notion by Copenhagen school lies on the fact that it scrutinizes the constructive elements of the process of securitization. The concept of securitization allows us to see the problem of the process that defines a non-politicized issue as security one by making it political matter. Applying this process of securitization into the controversy of nationality deprivation of dual nationals in France, we can find out the development of non-controversial and non-politicized dual national issues into social agenda by politicization through speech-act or announcement effect.

Oral health characteristics of the multicultural international marriage women in Gimcheon, Gyeongbuk, Korea (다문화 결혼이주여성의 구강건강 관련 특성에 관한 연구 : 경북 김천시를 중심으로)

  • Lee, Jong-Hwa;Nam, In-Suk;Jun, Mae-Sook;Yun, Hyun-Kyung
    • Journal of Korean society of Dental Hygiene
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    • v.15 no.5
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    • pp.865-872
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    • 2015
  • Objectives: The purpose of the study is to investigate the oral health characteristics of the multicultural international marriage women in Gimcheon, Gyeongbuk in Korea. Methods: The subjects were 73 multicultural international marriage women in Gimcheon, Gyeongbuk in Korea. The study methods consisted of direct interview with the subjects and oral examination through dental mirror and head lamp by one dentist and two dental hygienists. The questionnaire included the use of medical services, oral health education experience, subjective oral health awareness, toothbrushing, and sociodemographical characteristics of the subjects. Results: There were significant correlations between the subjective oral health awareness, oral health behavior and DMFT index. The subjective oral health awareness significantly changed after the international marriage in Korea. The recognition of subjective oral health status significantly improved after the oral health education by the dentist and the dental hygienist. Conclusions: The subjective oral health status of the international marriage women improved significantly after immigration into Korea. Therefore, Korean government should try to provide the better medical services to the international marriage women and protect their human rights as Korean immigrants on the basis of the Law.