거주ㆍ이전의 자유에 관한 연구

Since the 19th century the right to move has been recognized as a fundamental constitutional right. But It was not included explicitly in the text of the constitution of 1787 in USA or the Déclaration des droits de 1789 in France. It has been suggested that it was believed to be so basic a right that it need not be expressed in the text. The article 111 of Weimar constitution of 1919 explicitly recognized it for the first time. The Article 14 of the Constitution lay down the freedom of residence and the right to move; “All citizens shall enjoy freedom of residence and the right to move at will.” The Article 14 of the Constitution protect the right to choose and change residency in Korea, the right to travel in Korean territory, the right to travel abroad and freedom of emigration(secession from Korean nationality). The freedom of residence and the right to move at will of all citizens may be restricted by Act only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated(Article 37 section 2).