북한주민의 공법적 지위에 대한 검토

In order to develop inter-Korean exchanges, North Korean people should be identified as legal entities. This study examines the legal status of North Korean people. Discussing the status of North Korean people under public law is a review of citizenship and residence. Before discussing their citizenship, we look at how today’s globalizing status of individuals has diversified. In the process, the citizens are divided into citizens in a concrete sense in which public law relations are established between them and their country and citizens in an abstract sense, which is established within the scope of citizenship or nationality. This article looks at how North Korean people and refugees can be treated in our legal system. North Korean people are an exception state in our legal system that are citizens in an abstract sense but are not recognised by law. Only considering special relations between South and North Korea can they be treated similarly to foreigners. Unless treated similarly to foreigners, North Korean people are not recognized as legal entities with specific rights and duties. According to the theory of special relations between North and South Korea, if North Korean people are treated as foreigners in our domestic law, they should recognize North Korean citizenship and public law relation between North Korea and North Korean people. In conclusion, in order to complete the discussion on the legal status of North Korean people under public law, there must be an argument on how it is possible to recognize the statehood of North Korea and the public law relation between North Korea and North Korean people in our Constitutional law.