이민정책ㆍ출입국관리 행정에서 논의되는 주권개념 고찰

This thesis aims to describe the political reality surrounding border management today and to reveal the notion of sovereignty that widely spread and repeatedly reproduced in border management administration and courts. The sovereignty used in border management does not appear to be completely consistent with the ‘sovereignty’ we generally understand. The sovereignty of a sovereign state is based on the principle of supreme power internally and equality externally, but these characteristics are not expressed as they are. In immigration matters, it is the internal sovereignty that justify to call for the yield of the rule of law and impose broad discretion on legislation and administration. However, sovereignty itself cannot be practically exercised, sovereignty alone is difficult to explain the structure and technology in which the influence of border management spreads to individuals. Also, the principle of equal sovereignty under international law appears to be partially revised and adjusted in the face of the reality of border management. The reality revealed through border management technologies and treaties for smart borders used in many countries today demonstrate that the principle of equality of sovereignty is not expressed as it is. In light of the fact that sovereignty is not the only logic that works in border management, and even that is largely modified and operated, it is necessary to reflect on the immigration administration that takes the retreat of the rule of law.