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A Legal Study on Korean national abroad - Focusing on the Korean Nationals Abroad Protection Act -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 64(), pp.365-395
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim, Sang-Kyum 1 Moon Jae Tae 1

1동국대학교

Accredited

ABSTRACT

Because protection of Korea toward overseas residents is limited to the protection that is based on ministry of foreign affairs instruction and other related law without Framework Act for protection of overseas resident, overseas residents who are faced with various danger during stay abroad are receiving timely and intact protection. Despite world rank 15th economic power, according to the data of 2013 ,trend of globalization, overseas travelers of over 10 million a year and about 7 millions of overseas Korean living abroad, because of absent of law which prescribes duty of nation concretely effective protection of overseas resident is not done. This means the fact that people's right is not assured. In this connection, the Constitutional Court judge " Under the Constitution Article 2, Paragraph 2 duty to protection of overseas resident of nation … means support at law‧ culture‧ education and other area acting by legislating law specially through diplomatic protection of nation and political judgement considering the relation with resident country". In other word, the nation should establish concrete duty to protect and protection system about various accident and danger and enact Framework Act about protection of overseas resident to guarantee not only life and property of overseas residents but also safe overseas activities of people.

Citation status

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