외국국적동포들의 창본을 논함

KOR’s family courts have begun to request the establishment of family name and family clan who have acquired Korean citizenship to create a surname. At present, a large number of Chinese Koreans and some Russian Koreans are facing a challenge from South Korean family court seeking to the establishment of family clan. However, foreign nationals from the United States, Japan and other countries who wish to restore Korean nationality by application do not have an interest in the establishment of family clan request made by the KOR family court. The request of the establishment of family clan by the family court is an infringement of the inheritance and development of traditional culture and the dignity and values of foreign nationals and the right to equality. For foreign nationals, family clan is an intangible “Unique Asset” and foreign nationals are “Ownership” of family clan. The measures taken by the KOR not only ignore the sentiment of compatriots of foreign nationality who have acquired Korean citizenship, but also trample on national kinship measures. More seriously, the KOR family court’s request lacks of legal basis, violates the basic principles of the Constitution, which will create a new type of identity hierarchy and bring security risks to Korean society. KOR has no right to deprive the descendants of the Korean peninsula, which have been passed down for thousands of years. For the succession and development of national culture, it is an urgent obligation of the KOR government to abolish or amend Article 96 of the “Family Registration Act” concerning the establishment of original domicile. Otherwise, it will face an unconstitutional litigation by the Korean Constitutional Court, such as the 「Overseas Koreans Act」.