한국정부에 의한 재일코리안에 대한 육아지원 배제 문제를 둘러싼 헌법소원의 의의와 과제

This thesis discusses issues raised by ROK’s exclusion against Zainichi Koreans from its welfare, particularly childcare programs. The problem is that these Zainichi Koreans were being excluded from any type of welfare, not only the one for Korean nationals but also that for foreign residents. Such a situation derives from the fact that the support excludes overseas Koreans with ROK nationality. Two completely marginalized Zainichi females filed a constitutional petition against the nation in 2015. The core of the plaintiffs' argument is an infringement of equal rights. It was at the discretion of administrative authorities, which possess weak legal grounds, that excluded Zainichi Koreans from civil rights. Although the government imposed national duties on all Korean nationals, it restricts civil rights against overseas nationals. The Ministry of Health and Welfare and the Ministry of Education, co-hosts of the childcare support program, evaded amending their stances, with vague public sentiment despite the National Human Rights Commission's recommendation to correct it. However, such administrative practices were not accepted by ROK’s Constitutional Court in January 2018. The court fully accepted the plaintiffs' claim and ruled that the authorities violated the right to equality. The Ministry of Health and Welfare's claim that the exclusion is justified based on 'overseas Koreans' vague will to reside in ROK' was not accepted. Such unfair administrative practices are the result of the ROK's institutional design of the overseas resident policy. The fact that Zainichi Koreans are the only overseas Korean group not free from the legacy of the Japanese empire is overseen. In other words, the framework of ROK’s overseas Korean policy does not reflect Zainichi Koreans’ unique backgrounds. In short, the legacy of the Japanese empire is not critical for consisting ROK’s national identity in reality.