체류자격의 규정방식에 관한 검토

Today, the number of immigrants exceeds two million, and the importance of immigration control administration is growing. The stay of foreigners is the main object of immigration control administration, and the Status of Stay, which is the standard for regulating the stay of foreigners, is a direct and core policy instrument that affects the residence of foreigners. The greater the importance of immigration control administration, the greater the systematic understanding, the legal review and the need for strategic design of the Status of Stay. By the way, it can be seen that the Rule of Law is considerably weakened on the assumption that since the exercise of the power of immigration control administration is exercise of sovereignty, a wide range of legislative and administrative discretion is recognized. In particular, even in the case of the Status of Stay, the Immigration Act delegated all contents to its Enforcement Decree, so there have been many criticisms that the principle of statutory reservation and the principle of ban on comprehensive delegated legislation, which are the basic contents of the Rule of Law, were not realized. The Immigration Act, amended in 2018, is a bit out of the past way in which it delegated everything to the Enforcement Decree by stipulating a few kinds and standards regarding the Status of Stay. However, from the viewpoint of the Rule of Law, there are still many things that need to be upgraded in the Status of Stay in various aspects of the regulatory system, such as the regulation form, system justification between norms, rationality of classification, and so on.