다문화사회에서 외국인 사회보장의 헌법적 쟁점, 현황 및 과제

Abstract

Korean society is rapidly transforming into a multicultural society due to the influx of foreigners and settlement, a surge in foreign workers, and an increase in the marriage rate with foreigners. It is necessary to review the social security of foreigners in their status as members of Korean society at the constitutional level. In Korean society, which is rapidly transforming into a multicultural society, it is necessary to reflect the ideology of respecting human dignity and realizing social and state principles in which practical freedom and equality are realized, which are the ultimate values of the Constitution. In this sense, it is necessary to recognize the subjectivity of basic rights of foreigners and to solve practical restrictions by the limitations and limitations of basic rights.
 The classification of basic rights subjectivity for foreigners based on the theory of nature is necessary to review the nature of the rights to realize human rights, that the Constitution does not presuppose exclusivity to foreigners, and that classification according to the nature of traditional basic rights may vary according to the changes of the times.
 It is necessary to switch to apply it to foreigners without discrimination in the minimum area necessary for a dignified life as a human being. The right to receive social security can be viewed as a basic right, but it is an area in which the discretion of legislators is allowed in a wide range, unlike basic rights with the nature of freedom.
 In the field of social insurance and social services, foreigners are treated equally, but rather, in the areas of public assistance, which is most necessary for a human life, it is applied mainly by marriage immigrants, and the scope of coverage is expanded to a limited extent. The current system of our law treats foreigners equally in social insurance and social services, but rather applies mainly to marriage immigrants in the areas of public assistance most necessary for a human life, and recognizes guarantees to permanent residents to a limited extent, which should be considered expanding the scope.
 Policy acceptance of multiculturalism and foreigners should consider both the perspective of social integration and social cost. From a social integration perspective, the integration of foreigners who are members of our society must be included in the social integration process of the people, and from a social cost perspective, it is necessary to seek a direction to reduce long-term social costs through the creation of a foundation for education and permanent residence in the long run, not just a support policy.