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A Right of a Respect for Family Life in Light of the European Convention on Human Rights, and a Foreigner's Compulsory Eviction - Focusing on a Decision Case in the European Court of Human Rights -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(2), pp.137-167
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Lee Hyeong Seok 1

1원광대학교

Candidate

ABSTRACT

The main agent of enjoying a basic right, which is guaranteed in light of the constitutional law, is a human being. While a person exercises a right as a human, the nation has the obligation of identifying this. This basic right is specifically assured through the Constitution and law. A right, which is prescribed by the Constitution and the law, needs to be naturally secured when it comes to a human being, but may be restricted for the public interest such as the country's existence, public order, and security. A nation divides a human being who is the entity of enjoying the rights into people and a foreigner, and then guarantees differently depending on a characteristic of the right. A foreigner is the main agent of freedom and right wherever the person is as a human. According to the development in scientific technology, a person is dwelling in various countries with having identity dubbed foreigner, rather than settling down in one place. A foreigner has the duty of observing a law of the country in which he or she resides. Given violating this, the nation has the discretionary power of a compulsory eviction measure on a foreigner for the public interest. Given the compulsory eviction procedure on a foreigner, the Personal Liberty should be protected. The European Convention on Human Rights, which is the organization of specifically guaranteeing human rights in the region called Europe, has secured Europeans' human rights through diverse contentious cases. The European Convention on Human Rights is concentrating on the Habeas Corpus for other local residents and minorities who live in Europe, as well as Europeans. As for the forced eviction measure on a foreigner, many judgments, which harmonize with the personal liberty, are appearing with acknowledging the discretionary power in the country of being stayed. The European Convention on Human Rights is focusing on a foreigner's familial formation and union when judging whether or not to have legitimacy in the forced removal procedure on a foreigner. This study aims to examine a decision case in the European Court of Human Rights related to the compulsory removal on a foreigner and to consider an implication of being given to an issue pertinent to a foreigner's forced eviction that is growing in our country.

Citation status

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