헌법적 관점에서 본 한국의 이주법제

Throughout history people have moved from one place to another to achieve higher standards for living (Homo Migratus). The era of modern territorial state, where protection of nationals and territory was a supreme task and aliens were constantly being managed and monitored, has passed. The new era should embrace changing flows of migration with voluntary migrants and involuntary refugees due to wars, civil wars, natural disasters and environmental changes. Migration is no longer limited to specific regions or countries. As developing countries are experiencing low birth rates and aging population without exception, worries grow that national competitiveness may decline. Some argue that rapid decrease in productive population and generational conflict due to the collapse of social protection led to crisis of individual countries. Among many measures discussed to achieve optimal productive population, the need to actively embrace immigration is being emphasized. In fact, many countries accept migrants to increase productive population and improve social structure. However, it is very dangerous to take advantage of immigrant influx to handle the decline of national competitiveness due to low birth rates and aging population. Social conflicts intensify as bias of natives against immigrants strengthen due to lack of tolerance to minority groups. It is virtually hardly achievable for most migrants to settle in the host society and acquire equal status with the natives. Conflicts between the natives and immigrants are often further intensified due to the fact that immigration rights are poorly protected and thus immigrants have difficulties exercising them. Korea is also challenged with rapid urbanization/industrialization and low birth rates/aging population problems. Recent mass immigration to Korea has alleviated labor shortage and contributed to diversification and multi-culturalization to a certain degree. However, state-driven policies and legal systems lacking social consensus and long-term perspective have many limitations. Immigration is a challenge for both immigrants and the native society. Integration of existing members of the host society and new immigrant members is an essential element of a sustainable development of the community. Aliens and migrants are no less human beings with dignity than any one of us. Migrants are ends in themselves and never are mere means. The host nation must ponder Constitutional means to promote status, rights and protection of migrants for sustainable growth of the society by integration of immigrants and natives. We must set up and improve immigration legislation and policies after thorough deliberation of both migrants and natives and move forward with lessons learned from previous experience of other countries and ourselves.