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KICJ Research Reports

Governance reconstruction to advance  foreigner policy (Ⅰ)
Governance reconstruction to advance foreigner policy (Ⅰ)
  • LanguageKorean
  • Authors Kim Myungsu, Kyoungchan Kim, KIM, Taehoon, GOO, Yujin, KIM, Kisun, NOH, Hochang, SHIN, Soojung, YANG, Seungyup, LEE, Changhwan, JANG, Woochan, CHOI, Hyowon
  • Date December 31, 2023
  • Hit146

Abstract

  The number of foreigners living in Korea, including immigrants, has exceeded 2 million, and the influx of foreign labor is continuing as the labor force declines due to the ultra-low birthrate and ultra-aging population. The number of unregistered foreigners (illegal aliens) has also increased, reaching more than 417,000. Especially in rural areas and construction sites, it is difficult to operate without labor support from unregistered and illegal aliens, so an overall review of foreign labor is needed. Although there are many points of intersection between foreign policy and immigration policy, they have their distinct areas in some cases. In this study, we will focus on the areas where they intersect, i.e. where immigration policy is relevant to foreigners.


  To reconstruct the governance of immigration policy, we used existing domestic and foreign studies on immigration policies, systems, and legal systems, as well as reports from the executive branch, policy research reports from national research institutes, public hearings, and media reports as basic data to identify problems in Korea's immigration policy environment. However, considering that Korea is a laggard in the promotion of immigration policy, we attempted to improve the immigration administration organization system and visa system, and harmonize with social integration policies and legal systems related to immigration policy through various comparative legal reviews such as the United States, the United Kingdom, Germany, and France, which have long-established and implemented immigration policies, to reconstruct the governance of immigration policy. To compensate for the limitations of the literature review, three types of surveys were conducted in parallel: a survey of public perceptions of the current foreigner policy, a survey of foreigners and expert groups (government departments, local government policy practitioners, and researchers).


  Immigration policy refers to policies related to a series of processes such as immigration control, residence management, social integration, and nationality of acquisition. The existing laws related to immigration policy in Korea include the Immigration Control Act, the Refugee Act, the Multicultural Family Support Act, and the Employment of Foreign Workers Act. From a legal and normative point of view, the issue of a unified law for immigration policy comes down to the question of whether it is necessary to enact a basic law and whether it is necessary to establish a new organization such as the (tentative) Immigration Service, which can serve as a control tower. In addition, it is necessary to ensure that the necessary procedures and support for the immigration of foreign workers are adequately provided, and a review is requested centering on several important issues to shift from a policy centered on immigration control of foreigners to a comprehensive policy that encompasses foreign labor and immigration policies, including immigration control of foreigners. First, reorganizing the domestic governance of foreign labor and immigration policy. Currently, immigration policy is centered on the Ministry of Justice. However, to expand and overhaul foreign labor and immigration policies into a comprehensive policy, it is necessary to establish a smooth collaborative governance system that includes the Ministry of Employment and Labor, the Ministry of the Interior and Safety, the Ministry of Health and Welfare, the Ministry of Gender Equality and Family Affairs, and local governments at the macro level, as well as a proper division of roles between the current Ministry of Justice and the Korea Immigration Service. Second, labor sites in Korea have very different characteristics in different sectors, such as agriculture, fisheries, shipbuilding, services, and construction, and appropriate and flexible foreign labor and immigration policies need to be devised for each site. Third, the need and direction of foreign labor and immigration policies reflecting the characteristics of each local government may be different, and a centralized policy direction at the metropolitan local government level is requested. Of course, labor and immigration policies at the basic local government level need to be coordinated with the central governance system. Fourth, there is a need for a review of unregistered/illegal aliens and a flexible visa policy. Given the large influx of uned foreigners in the Korean labor market and their significant role in the Korean labor market, flexible and diverse visa policies may be needed to provide relief to uned foreigners or encourage their settlement. Fifth, there is a need for an integrated and comprehensive review of foreign labor and immigration policies and multicultural policies. When the number of foreigners is small, special or distinct policies for foreigners may be needed, and the same can be said for multicultural policies in Korean society. It is necessary to continuously examine and check various problems or blind spots that may occur in foreign labor and immigration policies and multicultural policies, and to consider reorganizing policies and related organizations. Sixth, there is a need for smooth international governance cooperation in foreign labor and immigration policies. Seventh, there is a need to protect the human rights of foreigners and immigration-related foreigners (unregistered/illegal immigrants). The situation of foreigners entering Korea from various countries can be very special and vulnerable. Korea must protect and guarantee human rights when creating and implementing foreign and immigration policies.


  The opinions of experts, as well as the general public on the need for a dedicated agency to serve as a control tower for immigration policy, are generally positive, and in light of the urgency of rapidly changing demographics, it is considered ideal to establish the Ministry of Immigration as the lead agency for immigration policy. In addition, it is necessary to establish a decision-making council that can gather the opinions of government departments, regional governments, and basic local governments so that various opinions can be gathered and customized support policies can be implemented for each target region, rather than simply executing policies decided by the central government. To improve the status of the residence system, it is necessary to set a goal to build an inclusive immigration policy and conduct a holistic and systematic check for gaps and vulnerabilities. In addition, specific measures for uned aliens (illegal aliens) and initiatives to legalize them are requested. It is important to improve people's awareness, and it is necessary to understand the culture and social background of the other party to integrate into the local population, share daily life, and facilitate the implementation of immigration policies.

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