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Social rights of non-citizens: A critical analysis of the Korean Constitutional Court decisions

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2018, 1(1), pp.73-116
  • DOI : 10.22976/JHRS.2018.1.1.73
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : May 13, 2018
  • Accepted : June 25, 2018
  • Published : June 30, 2018

Lee Jooyoung 1

1서울대학교

ABSTRACT

This article is mainly concerned about the question of whether oursociety recognises and secures the constitutional social rights ofnon-citizens who are present as a member of this society. The issueof non-citizens with respect to the basic constitutional rights testswhether our constitution establishing fundamental values and norms ofthe society, as well as its interpretation is firmly grounded in theuniversal value of human dignity in this increasingly globalised world. Marking the 30th anniversary of our Constitutional Court, this articlecritically reviews the views of the Court on the social rights ofnon-citizens based on the major relevant cases. It examines theinternational human rights standards in relation to the social rights ofnon-citizens. It also discusses the approaches of the South AfricanConstitutional Court and the German Federal Constitutional Court inthis respect. This article aims at advancing the constitutional debatesabout the social rights of non-citizens on the basis of the universalvalues of human dignity, freedom, and equality.

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