외국인의 기본권 보장에 관한 법률 연구

In the respect of international law, the right of foreigners have been considered to be domestic affairs. These doctrines have been dramatically changed after two world wars. After experiencing mass infringement to basic human rights during world wars, international society have started to build new framework to protect basic human rights. There are two approaches to analyze the rights of foreigners. The first is to look into each clause of international law on human rights. The other is to analyze attributes of each basic right of constitutional law; whether it is applicable to human rights or to the right of nationality. To find out global standard of the right of foreigners, I studied on declaration of right of non-citizen by United Nation in 1985. I compared it with several Korean laws including Constitution. And I found the facts that the rights ensured by the declaration of UN covers by Constitution and the Korean immigration law, as well. To protect the principle rights of foreigners, I outline several points to support the revision of current laws including Constitution. Constitution is the fundamental legal framework for basic human rights in Korea. However, current constitution was revised in 1987, when few foreigners resided in Korea and the importance of foreigners' human rights were overlooked. It's high time to revise the constitution in order to improve the level of basic rights of foreigners. And It needs to reorganize or to consolidate the confusing immigration related laws and labor related laws as well. To respect the right of mobility, especially to enter Korea, it is necessary to introduce an appeal process against refusal decision of entry. Because of the lack of precedent study on this subject I've just touched the surface of basic rights of foreigners. I wish to encourage further study on rights of foreigners.