출입국관리법상 입국금지사유와 강제퇴거사유의 조응관계 고찰

In order to exclude the entry of undesirable alien, the Border Control Act of Republic of Korea establishes two-step barrier. The first step is a Minister of Justice Department’s declaration that a specific alien is inadmissible from the point of various criterias of the Border Control Act. The second step is a consul’s denial of visas or the immigration officer’s exclusion decision at a port of entry based on that Minister’s negative declaration. The Minister’s decision is intended to serve as some kind of information or advice to a consul as well as to an immigration officer, not intended to be noticed to that specific alien, so it should be deemed as an informative activity within the government, having no legal binding effects on that alien. And inadmissibility grounds of our Border Control Act contain many nebulous ideas, such as national interest, public safety, and so on. The problem is, that the deportability grounds of the Act incorporate total amount of inadmissibility grounds by reference. These correspondence of the two criteria raises some questions in the light of rule of law. An alien who has managed to enter the territory of Korea and is now subject to deportation order will most likely share the various kinds of interest or relationship with some citizens of Korea. As a result, unclear wordings of deportability grounds will affect not only the every day life of an alien, but also the that of some citizens. So, unlike the inadmissibility grounds which is likely to use more general ideas such as public intererst, national security, deportability grounds should be regulated in detail by more elaborate words for the legitimate interest of citizens and related aliens.