Immigration Act aims to secure the national border and handle foreigners staying in Republic of Korea and approval of refugees, through controling immigration procedures of anyone both who come to Korea and who leave Korea. This act inspects qualifications of immigration of both Koreans and foreigners for the national safety and advantages, It has become more important these days, since it identifies wether foreigners staying in Korea abide by the regulations or not and if not, it also takes measures to the violation.

This study analyzes legal issues about the immigration of foreigner, examining immigration system and procedures in the manner of law-analytics. Regarding the foreigners who stay in Korea, violating regulation related to qualification and length of stay, Immigration Act controls these people. calling them 'illegal foreigner'. A problem arises in this point that there is a vacancy of humans right in the immigration management. Although crackdown and eviction, which are the two typical actions for illegal foreigners, have to be handled as criminal procedures in that it locks up individuals and is forcible, these actions are treated as the exception of warrant requirement. Thus, this study describes crackdown and eviction in regard of fundamental rights of foreigner in separate part.

In addition, this study carried out actual research, concerning the present state and related matters about the illegal foreigners so that it could support these issues empirically. This research was set up to see general traits of illegal foreigners, perception and attitude toward the crackdown and protection and damage of crime in the procedures of immigration. With this research, we came to find three points as follows. First, illegal foreigners have much bigger fear overall, compared to legal foreigners. Second, rate of foreigners who had nationally-systemized education is very low. Third, hesitancy of report due to the disclose of identity is marked in illegal foreigners rather than legal foreigners. With these three points, we found out that the state of being illegal foreigners hinders them from reporting damage of crime.

As this matter is not only bounded for us, this study looks through present state and legal systems of immigration in foreign countries. It focuses on actual law of immigration in U.S, Germany, EU, Canada and Japan. Even though immigration policies are set up in historic and cultural context of each nations, there is a common trend among these policies that regulations toward the foreigners are becoming more flexible because of globalization and increase of international interactions. The point that foreign immigration policies persue object of statute and place emphasis on protection of foreigners' human right gives important implication to us.

What this study ultimately seeks, with this interdisciplinary research, is harmonious coexistence of object of statute and foreigners' human right. In this view, this study make specific proposals. These are divided into 4 parts; preventive/remedial policy in macro-perspective, and preventive/remedial policy in micro-perspective. Firstly, as preventive policy in macro-perspective, there could be the change of short-term into long-term habitation, change of employ- ment permit system into labor permit system and granting legal status to non-reported foreign workers. Secondly, as remedial policy in macro-perspective, activating programmes for protected persons' psychological stability could be possible. Thirdly, as a preventive policy of micro-perspective, reinforcement of prevention could be taken into consideration, And lastly, as remedial policy in micro-perspective, these could be effective, which are better treatment of long-term and vulnerable protected foreigners, aids for criminal victim of immigration procedures, and expansion of clause 2 of Article 25 of Immigration Act, which is a special rule for married immigrants.