속인주의(Jus Sanguinis) 기반으로 속지주의(jus soli) 적용·확대를 위한 대한민국 국적법 제2조(출생에 의한 국적취득) 개정 관련 쟁점 검토

In order to introduce supplementary birthplace principle for the first time in Korea, legislation was announced to grant nationality to domestic children of permanent residents, but the revision of the Nationality Act has virtually become a long way off due to anti-Chinese sentiment, public opinion division, and political issues. Nationality is a legal bond that connects a specific country and individuals, and the Nationality Act is a law that determines the qualifications and requirements of the people. The introduction of supplementary birth principle does not give up the Jus Sanguinism but reflects the realistic situation of globalization and the increase in immigrants while fundamentally maintaining Jus Sanguinism. Korea should pay attention to the fact that Germany included supplementary birthplace principle in the Nationality Act with conditional compromise through the formation of public consensus and political consensus in 2000. If so, how can we re-promote the revision of the reserved Nationality Act? Through big data analysis and expert discussions related to the Nationality Act, issues were drawn into the legal and policy fields, consensus formation fields, and legislative period fields and reasonable alternatives were suggested in three areas. The legal and policy fields are ⅰ) gradual introduction from the framework of the basic foreign policy plan. ⅱ) selection of subjects reflecting the harmony of social integration and national interests. ⅲ) introduction of supplementary birthplace principle linked to the birth registration system. fourth government legislation. ⅳ) Consensus formation fields are ⅰ) Resolving anti-China sentiment. ⅱ) Overcoming politicization. ⅲ) Promoting using the media, public hearings and discussions, and youth influencer. Legislative period fields are ⅰ) Decide appropriate time in consideration of state affairs, government policies, policy environment, and public sentiment. ⅱ) Re-legislation should be promoted after the inauguration of the new government. Therefore, it is necessary to change the paradigm of birth-based nationality policy so that foreign-born children and their parents can stably settle in Korea and establish themselves as growth engines for national development, and the introduction and re-legislation of the new government should be considered proactively.