국제결혼 이주여성의 인권보호제도에 관한 연구

Abstract

International Marriage is the joining of a man and woman with nationalities of different countries. Their race, culture and language differ so infringements on civil liberties can take various forms. When women from countries with relatively low living standards immigrate through international marriage, the infringement on human rights can be even worse. In the case of South Korea, the number of migrant woman due to international marriages increased dramatically after 2000, and currently more than 11% of all marriages are international marriages. The total number of marriage immigrants at the end of 2011 is 180,000. Elementary, Middle and High School children of International Marriage families were recorded at 30,040 in the year 2011. If infants are to be counted, the number is projected to be much greater. I think it is imminently important that there are social policies protecting them from any language, education and culture difference related difficulties immigrants may run into during their daily lives. According to the US State Department's Report on International Kidnappings, the UN's Committee on the Elimination of Racial Discrimination's observations and the Committee on the Elimination of Discrimination against Women's suggestions, South Korea's International Marriage Women Immigration problem is no longer a domestic issue, but an issue that the international community has been following. If one country's human right's issues can be measured by how the most discriminated class or race is treated, International Marriage Immigrants are truly the human right measuring stick of Korea because they are viewed as "immigrants", "women", and "poor". In accordance to this, Korea's congress legislated "Act on the Treatment of Foreigners in Korea", "Support for Multicultural Families Act", "Act on Regulation of Marriage Brokerage Agency", and is making efforts to protect the human rights of International Marriage women. However because the number of immigrant women is increasing so dramatically, these efforts are usually short lived and abstract. Taking this into account, this report containts the current state of human rights infringement of International Marriage Immigrant Women, and also through reviewing "Act on Regulation of Marriage Brokerage Agency", "Law on Nationality and Immigration", "Act on the Treatment of Foreigners in Korea", "Support for Multicultural Families Act", and "Proposed Ordinance to Support Resident Aliens", which are laws that directly impact their human rights, the report examines the issues and goals that need to be addressed regarding International Marriage Immigration law. The following are 8 proposals to improve the legislations regarding their human rights. First, there have been many improvements in the process regarding Marriage Brokerage Agencies due to much pointing out of the problems and critique; however, the liability of Marriage Brokerage Agencies remains very low. Therefore the current legislation should be ammended to reflect the review of Marriage Brokerage Agency registration standards being tightended, a non-profit Marriage Brokerage Agency Managing Foundation being chartered, and so that the law implements a maximum age difference restriction between husband and wife, increased maximum punishment of Marriage Brokerage Agencies in the case of violating personal information sharing requirements, and a pre-marital education program for soon-to-be international wives, and strengthened laws and increased punishment for violating international kidnapping marriage laws etc. Second, there are human rights violations in the process of immigration and obtaining South Korean permanent residency and citizenship. The current law that requires immigrants to request legal resident period extentions or citizenship with the personal guarantee of their husbands must be changed. To ensure the safe stay of immigrant wives, they should be granted permanent residency or a minimum of 5 years stay at the same time a marriage license is issued. This gives them an opportunity to avoid domestic violence etc marriage problems without becoming an illegal alien due to divorce or marital separation. Third, the "Act on the Treatment of Foreigners in Korea", "Support for Multicultural Families Act", and "Proposed Ordinance to Support Resident Aliens" indiscriminately excludes illegal aliens and therefore alienates kidnapping victim immigrant wives, domestic violence victims and unregistered immigrant women who are supporting children - some of the groups that need the most protection. The laws should be ammended to include them. Fourth, the Ministry Department that overseas Multicultural Families policies, including International Marriage Immigrant Women, should be consolidated. "Support for Multicultural Families Act", and "Proposed Ordinance to Support Resident Aliens" should be combined into one law and overseen by a newly founded Immigration Department or Multicultural Family Support Department (Family Department). Fifth, the "Proposed Ordinance to Support Resident Aliens"'s support duration is up to 3 years after acquiring citizenship. However, in reality, more support is needed during the period of after 3 years of obtaining citizneship so the duration should be extended. Also the "Support for Multicultural Families Act", instead of being a declaratory law, should be ammended with more detailed and essential clauses that protect International Marriage Immigrant Women. Sixth, the eligible status to request and be granted support as a resident alien should be changed from the current "legal resident who has resided for longer than 90 days and who is engaged in making a living" because it does not withstand practical reason. Seventh, it is necessary to setup a self-support support foundation for victims of domestic violence. Currently in accordance with the "Support for Multicultural Families Act", the Immediate Support Center for Migrant Women, Migrants Women for Women and Migrant Women Self Support Center are operating and expanding, but these support networks are limited and temporary in their relief. There should be more extensive and essential support and policy to assist the victims to work out their problems in a safe and stable environment. Eight, our society must move past prejudices and discriminatory actions against migrant women and their children. Their must be welfare policies put into place to guarantee the safe and stable lives of these residents. Job placement programs, medical and health support services need to be extended as well as programs that help adjust to life in South Korea, support for children's school relocation, and further efforts and programs should be made by society as a whole to enlighten society's views on our migrant residents. While examining International Marriage Migrant Women's human rights violations and problems, I feel that it is necessary to reflect upon, in a multifaceted capacity, how far our legislations and society has gone to achieve our society's values and goals in providing "Multicultural Respect and Support". If South Korea is to transform into a truly robust multicultural society, we must prevent migrants such as International Marriage Women Immigrants from being stuck in our society's lowest rung of social class. Specific policies and institutional improvements must be made, and instead of programmatic and declaratory policies, we need to further extend realistic support and opportunities so that Internaional Marriage Migrant Women can play a major role in our economy not only through language, culture and education related opportunities, but also with the expansion and support of job placement programs and opportunities that give them the ability to independently support themselves.