국제법적 시각에서 본 대한민국의 국적문제

Nationality is the legal bond between the individual and his or her state. The state of nationality has legal rights to protect its own national and the national has legal obligations to give an allegiance to his or her state under international law. Though the nationality problem has been regarded as the matters of national law rather than those of international law, it is of significance because it is a requirement for the exercise of diplomatic protection under international law. Moreover, from the conflicts of nationality law to the reduction and the protection of stateless persons, the reduction of multiple nationality and the military obligations, and the nationality of women and children, international treaties concerning nationality have been concluded and, at last, in 1997 European Convention on Nationality which deals with the general nationality issues was adopted and now is being implemented. On the other hand, the Korean Nationality Act was enacted in 1948 and it adopted the principles of jus sanguinis and single nationality passing many amendments. Although the 1997 revised Korean Nationality Act was consistent with international human rights treaties to which it is a party, some controversial issues still remains to be solved. Here are included the first Korean, the opposing views in international and national relating to double nationality, and the lack of legal nationality of both North Koreans and overseas Koreans. These problems seem to be difficult to solve in a short time, however, we should find a solution by revising and examining nationality law and, in addition, we have to consider national interests within international law standards.