As Korean society has been importing a considerable number of foreign laborers into the domestic work field with the aim of supplementing the labor manpower since the late 1980’s and the influx of marriage immigrants has been increasing rapidly sinc...
As Korean society has been importing a considerable number of foreign laborers into the domestic work field with the aim of supplementing the labor manpower since the late 1980’s and the influx of marriage immigrants has been increasing rapidly since the 2000’s, Korea is confronted, regardless of its willingness, with a situation where it has to take part in the trend, ‘Globalization of Migration.’ In accordance with the situation, the term, “multi-culture” has been universalized at some point, and as the government suggested ‘transition to multi-cultural society’ as a timely assignment of the era, utmost support for female marriage immigrants and their children has been provided since the early and the mid 2000’s
Usually, policies and bills in a society realize discourses held in the society including its public emotion at the time. However, this recently tabled bill alone, unlike the preceded bills and policies, has been intensifying the controversy. For instance, there had been much of objection when <Multicultural Families Support Act> was introduced, but when it is about <Basic Migrated Children’s Rights Security Act>, the society exhibits sensitive reactions. The starting point of this study is to find out the reason. Thus, this study analyzed the specificity of Korean society reflected on immigrated children currently abiding in Korea throughout examining the issues around <Basic Migrated Children’s Rights Security Act> recently tabled by a member of the National Assembly in Saenuri Party, Jasmine B. Lee. In other words, everything that can be represented as a discourse has been refined into a reference by focusing on how Korean society’s discourses reflected on immigrated children have been taken and how they have been realized, within the grasp that the phenomenon occurred around the bill had originated from specificity of Korean society. For example, anything that can be verbalized have been included. Therefore the researcher cited academic dissertations, news articles, internet websites, video clips, a website for pre-announcement of legislation, private organization pandect and etc., and went through reconstitution and analysis.
First of all, as the result of the analysis on the social issues surrounding <Basic Migrated Children’s Rights Security Act>, those issues have been largely divided into 6 issues; protections of children’s rights, securing taxes, alienation of the natives, crisis of self-destruction in terms of preserving pure bloodline, and violation of the public emotion. Such characteristics can be approached in the sense of individual awareness of the issue. However, in case of tracking the fundamental ideas of the issues, the internal structure of Korean society reflected on multi-cultural phenomena can be seen. Especially Korea society’s structure of recognition reflected on multi-cultural agents, immigrated children can be verified. In such aspect, this study explains the reason the early and late contexts of Korean society concerning immigrated children based on ‘children’s rights in Korean society’, ‘Confucian values in Korean society’, and ‘developmental neo-liberalization in Korean society by examining the internal structure and the causes of such self-contradicting cognition in Korean society reflected on the immigrated children abiding in Korea.
As a result, it has been discovered that the social values, which have been traditionally enjoyed by Korean society so far, rather produced a unique Korean structure prompted by the trend of the era, globalization throughout combining with international discourses in accordance with changes in society. Especially it has been verified that in the context of the era where ‘multi-culturalization is being proceeded rapidly, the fundamental attributes of Korean society reflected on immigrated children are mixed with ‘the history of children’s rights in Korean society’ that has been developed differently with the discourses on children’s rights, ‘Confucian values in Korean society’ that has been playing a role as Korean society’s principle of operation, and ‘developmental neo-liberalization in Korean society’ reflecting the discourses on national development or international discourses. The social values reflected on immigrated children who are located in the center of the phenomena surrounding <Basic Migrated Children’s Rights Security Act> can be explained by each different attribute. However, it can be said that it is more persuasive when it is understood as an aspect where children’s rights, Confucian values, and developmental neo-liberalization are mixed together. In other words, <Basic Migrated Children’s Rights Security Act> should be understand with understanding that each attribute of it is overlapped.
Consequently, it is hard to acknowledge the immigrated children surrounding <Basic Migrated Children’s Rights Security Act> as the subject of immediate protection simply because they are children. In other words, it has to be approached in the aspect where social-psychological factors and social-structural factors surrounding the multi-cultural phenomena are overlapped. According to intent of legislation, it is surely obligated to secure the basic rights for “all children”. However, it can be said that intent of legislation and its realization can be achieved only when systematical discussions are preceded in consideration of Korean specificity reflected on the multi-cultural phenomena and social specificity in Korea. Therefore the current condition developed around <Basic Migrated Children’s Rights Security Act> will not be resolved by the purpose to protect children’s rights, alone, based on international human rights discourses.
In such context, this study intends to consider the legal phenomena in a more sociologic vision, especially throughout structuralizing the concept of social actors around one multi-cultural phenomenon. Such content can be regarded as a meaningful attempt in the sense that it provides the basic backgrounds of how the cognition of Korean society about immigrated children has been realized and structuralized while there has not been enough studies conducted with concentration on immigrated children. However, owing to the limitation in collecting all data comprising the discourses due to characteristics of literature research on discourses, it can be criticized for the fact that the possibility of selecting data subjectively may not be excluded. But because this is an inevitable attribute in analysis of texts, when it is followed by studies aided with quantity approach methods and the same conclusion is drawn from the studies, the validity of this study will be reinforced.
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