다문화 시대의 행정법제의 역할과 기본원리

The context of multicultural times is linked to the fundamental notions such as politics, administration, economy, society, culture, law and human rights. The reasons for multiculturalism are not only based on employment or marriage, but also are being diversified by the recognition of refugee status in connection with the current political situations of the world. Existing discussions and studies on multiculturalism have mainly focused on sociological approaches in terms of policy. In the field of law, the research has focused on individual laws and legislations such as the Multicultural Family Support Act, Refugee Law and Immigration Control Law. This is because the scope of multiculturalism itself is vast and the details of the subjects are diverse. In addition, the characteristics of the legislations are more complex than general theories. Most of all the concept of multiculturalism has emphasized as a kind of party line. So the normative definition of actual phenomena and the structure of legal system were not organically arranged. As the administrative demands of people vary, it is not easy to define the legal concept and measures for multicultural situations. Beyond the limited target and policy objectives of government-centered support for families, it is now required to establish a legal framework and set up administrative principles for multiculturalism problems. The ​police administration should establish legal stability in connection with rule of law and sovereignty, the welfare administration should ensure a balanced operation between discretion of administration and equality. It should also define the means to secure its effectiveness with constitutional values. Especially it is necessary to systematically view and organically manage the content and specificity of individual laws about multiculturalism from the angles of administrative organizations, administrative actions and administrative remedies.