Outcomes of ROK's Misperceptions of Chōsen-seki Zainichi Koreans: How Its Legal Framework Should Be Amended

Abstract

Following the discussion in my preceding thesis that two types of political perspectives, one is pro-North and the other is non-North, coexist among Chōsen-seki Zainichi Koreans, this thesis argues that why such diversity must be perceived by the Republic of Korea (ROK) and how its legal framework should be amended. According to ROK's view, all the Chōsen-sekis have been regarded as pro-North having any political and social ties with the Chongryon community. This is the reason why they have not being given the ROK's legal status as Overseas Koreans while they are strictly controlled as the ROK nationals. Their rights of return, supposed to be guaranteed to everyone, had been severely violated by ROK until the Moon, Jae-in administration was established. Relatively more relaxed policy on the Chōsen-sekis' entry to ROK than Moon's predecessors' ones would seem to be favorable; however, it does not contribute to enhancing the level of their human rights since the latest policy rests on the Inter-Korean Exchange and Cooperation Act. Their entry to ROK is being implemented not under the principle of human rights but its maximized political discretion. In this sense, a Presidential petition by a non-North Chōsen-seki holder demanding on amending the Overseas Korean Law has several important political implications. First, this is the initial non-North's political action in ROK. The petition itself is proof of the Chōsen-sekis' political diversity. Second, he is demanding that the Overseas Korean Law be amended in order to guarantee all the Chōsen-sekis the status of overseas Koreans. The amendment will lead to lowering the degree of ROK's political discretion. Third, the petition reveals a fact that another demand for relaxing the ROK's travel certificate control by the pro-Norths and their ROK followers is highly political, and the demand does not represent the benefit of the whole Chōsen-seki holders. Since the travel certificate rests on the Act, such demand is solely beneficial for the pro-Norths.