한중 양국 교민 정책의 법률 적용 대상과 그 함의에 대한 비교연구: 한국의 ｢재외동포기본법｣과 중국의 ｢귀교교권권익보호법(歸僑僑眷權益保護法)｣을 중심으로

The name “재외동포” specified in Korea's ｢재외동포기본법(Framework Act on Overseas Koreans) reflects the will of the subject of the name to cover all “Koreans overseas” regardless of nationality. Besides the question of whether people named “재외동포” will truly live up to the will of their home country, the debate over the legal definition or category surrounding “재외동포” remains a task that Korea's “overseas Koreans policy” should address. Of course, the name “華僑華人” which is the subject of the China's “Overseas-Chinese Policy” reflects the will of a naming subject similar to that of Korea. However, the method is quite different from that of Korea. The subject of the law of the ｢歸僑僑眷權益保護法(Law of the People's Republic of China on the Rights and Interests of Returned Overseas Chinese and Relatives of Overseas Chinese)｣, which is the representative law of China's “Overseas-Chinese Policy”, is not “華僑華人”, but “歸僑僑眷(Returned Overseas Chinese and Relatives of Overseas Chinese)” in China with Chinese nationality. The possibility of diplomatic problems surrounding “華僑華人” is fundamentally blocked here. Compared to the direct and comprehensive Korea's “Overseas Koreans Policy”, China's “Overseas-Chinese Policy” based on ｢歸僑僑眷權益保護法｣ is being developed in a double and indirect manner. This understanding of the China's policy mechanism for “華僑華人” is well worth referencing in Korea's “Overseas Koreans Policy.”