결혼이민여성의 혼인단절이후 체류문제에 관한 법적 고찰

The purpose of this article is to review the legal issues of ‘Married Immigrant Women's’ status of stay after divorce and to find ways to improve them. To this end, First I looked at the legal relationship among the F-6-3 and the Constitution Of The Republic Of Korea, International Law, and Immigration Act. I thought that the content of F-6-3 could violate ‘Fundamental Right’ and ‘Human Rights’ under the constitution, as recommended by Committee on the Elimination of Racial Discrimination. Next, I reviewed the judgments of the court on the ‘Reason Attributable’ to F-6-3. I concluded that I agreed with the purpose of the 2019 Supreme Court ruling, which gave an alleviated legal interpretation to Married Immigrant Women from a ‘Humanitarian’ perspective regarding the degree of Reason attributable, the responsibility to prove the Reason attributable, and whether the Court judgment is respected for the Reason attributable. Finally, a comparative analysis of Japanese-related laws and Korean-related laws was conducted to consider ways to improve the current F-6-3 system. I suggested the establishment of a separate status of stay, such as the status of ‘Settler’, which is ‘Immigration Act’ level in Japan, expansion of the scope of immigration services such as a ‘Japanese licensed administrative agents’, and the use of ‘Fact confirmation certificate’ from a ‘Korean licensed administrative agents’. This article was concluded from the perspective that Married Immigrant Women, who are relatively lacking in language communication and institutional understanding compared to the people, need more protection of Fundamental Rights and respect for Human Rights.