재외동포정책 전담기구 신설에 관하여

Since the 1990’s, the number of overseas Koreans has increased rapidly and the scale and scope of their entry into and departure from Korea and their activities of overseas Koreans in and with Korea have expended widely. These critical changes of overseas Koreans’ situation are requiring the specialty, creativity, independence and effectiveness for the formulation and implementation of policies on overseas Koreans. Even though, accordingly, the Overseas Koreans Foundation Act of 1997 and the Act on the Immigration and Legal Status of Overseas Koreans of 1999 were prepared, they couldn't really come up to the sustaining requirement. It is persistingly alleged that an exclusive organization dealing with the formulation and implementation of policies on overseas Koreans should be established. Various opinions relating to the status of the organization have suggested; the ‘Cheo(a ‘Ministry’, but the ‘Bu’, which is a higher level in the Korean government organization system than the ‘Cheo’, is also named a Ministry in English)’, the ‘Cheong(an administrative agency which is a lower level in the Korean government organization system than the ‘Cheo’)’ and a representative administrative agency, such as an administrative committee. This study analyses which one is the desirable status in the Korean government organization system, based on the Government Organization Act of Korea. According to the Government Organization Act, a central administrative agency shall be a ‘Bu’, ‘Cheo’ or ‘Cheong’ and where needs arise to perform part of duties independently, an administrative agency may establish a representative administrative agency, such as administrative committee, etc. which is regulated by the Administrative Committee Act. The ‘Bu’, the ‘Cheo’ or the ‘Cheong’ are the typical government organizations; the ‘Bu’ is under the control of the President and its head is a ‘Janggwan(a Minister)’, the ‘Cheo’ is under the jurisdiction of the Prime Minister and its head is a ‘Cheojang(also a Minister in English)’, and the ‘Cheong’ is under the ‘Janggwan’ and its head is the ‘Cheongjang(a Commissioner)’. The ‘Janggwan’, the head of the ‘Bu’ shall be appointed as member of the State Council, may submit items for deliberation and discussion to the Chairperson and request the Chairperson to call a meeting of the State Council. But the ‘Bu’ has never been suggested as the exclusive organization of policies on overseas Koreans. The ‘Cheojang’, the head of the ‘Cheo’ may attend the State Council and express their opinions if necessary and may propose that the Prime Minister submit items for deliberation and discussion related to their duties to the State Council. The head of a ‘Bu’ or a ‘Cheo’ may request the Prime Minister to coordinate the duties of other administrative agencies related to his/her duties if necessary for the efficient fulfillment of his/her duties. Whereas the ‘Cheongjang’, the head of a ‘Cheong’ may not attend the State Council and express their opinions, not propose that the Prime Minister submit items for deliberation and discussion and not may request the Prime Minister to coordinate the duties of other administrative agencies. Futhermore, the ‘Janggwan’ and the ‘chagwan’, the vice Minister may directly direct the ‘Cheongjang’ associated with his/her agency in formulating important policies. And the ‘Cheongjang’ is obliged to receive prior approval, to previously report or to report about certain items as prescribed by Ministerial Decree concerned. In short, the ‘Cheong’ is not a proper idea for the exclusive organization of policies on overseas Koreans, because the ‘Cheongjang’ has no authority to coordinate the duties of the ‘Bu’ or the ‘Cheo’ which are located at the higher level in the Korean government organization system. And an administrative committee may be established, if necessary, under the control of the President, the Prime Minister, the ‘Janggwan’, the ‘Cheojang’ or ‘Cheongjang’ and it is a form of an administrative organization with flexibility. But, as mentioned above, a committee which is supposed to establish under the ‘Bu’, the ‘Cheo’ or the ‘Cheong’ is not proper for the exclusive organization of policies on overseas Koreans, therefore, it should be established under the control of the President or the Prime Minister. And an administrative committee may have the executive institution. And to conclude, the matter of the exclusive organization of policies on overseas Koreans is condensed into two ways; it should be under the control of the President or the Prime Minster. This is the matter of policy decision to set up how impotent the policy of overseas Koreans is among the policies of Korea.