國內滯留 外國人의 家族法的 問題-涉外 婚姻·親子法을 中心으로-

Abstract

Having faced various involvements with other countries, Korea can’t remain to be ‘the land of the morning calm’ any more, whether it wishes or not. Subsequently, so many complicated issues regarding the conflict of laws have been raised around Korea, as they have in other countries. In this context, this article tried to deal with the matters concerning the Korean Nationality Act and the Private International law, especially focusing on the issue of the International Matrimonial Law and International Law of Parents and Child due to an increasing number of foreigners who stay in Korea. Recently, Korea has broadly amended the Nationality Act and the Private International Law according to the urgently felt needs. Through these amendments, it can be said that a lot of problems on the sexual discrimination remained in the Family Register Law have been solved and even removed. However, it is still pointed out that in that field there are several limitations we should get rid of. Especially Korean traditional Householder System (for example, foreigners can’t register their names in the census register book) still contains significant problems that can harm foreigners’ human rights in many respects, so that such system have to be fixed in any ways. Particularly, current rigid requirements and severe procedures for illegal sojourners need to be changed, in that marriage or forming a family is the core element of happiness for every human beings. Nowadays, the function and role of the Private International law get more important as a result of the international trade and increasing number of foreigners in Korea. Thanks to the amendment of these laws, Korean society can meet the demand of the age, so that it is expected that a lot of precious values respecting human rights such as sexual equality, protection of child, and so forth can be realized. It goes without saying that legal study and judicial practice should be followed this spirit of the age at this point. At the same time, we should make an endeavor to introduce foreign family laws to Korea and do sincere research on those topics. That is because advance research and analysis on foreign legal system are one of the first step to make a development of Nationality Law and International Family Law.