Research Report
A Study on the Legislative Research on Social Integration – Focusing on Policies on Foreigners
I. Background and Purpose
▶ Research Background
○ Increase in the number of long-term foreign residents in Korea
- The number of foreigners residing in Korea has been continuously on the rise, with a particularly high proportion of long-term residents among the total foreign population
○ Transition from an Emigrant to an Immigrant Country
- Korea is in the process of transition from a country of outbound emigration to a destination for inbound immigration, with an increasing influx of foreigners into the country.
○ Discussions on social acceptance of foreigners and migrants in Korean society
- With the increasing influx of foreigners, the social and economic perception of foreigners residing in Korea is evolving to recognize them as a key demographic group integral to social integration
▶ Research Objective
○ There is need for a study on social integration measures for foreign residents in terms of legislation with the aim of supporting policies and institutions for foreigners
- To address various social issues arising from shifts in perceptions of foreigners and lack of preparedness for policies, it is necessary to raise awareness of policies and improve systems for migrants and other foreign residents from a perspective of social integration
Ⅱ. Key Content
▶ Concept of Social Integration
○ Social integration refers to the outcomes of establishing a social, cultural, and political environment in which nationals and foreign residents understand and respect each another
- Social integration for foreigners involves specific elements such as foreigners’ social participation, change of social status, and active roles in society, on the premise of “community belonging + mutual interaction” between nationals and foreigners.
▶ Indicators for Measuring Social Integration
○ Social integration indices and indicators related to policies on foreigners are diverse
- Migrant Integration Policy Index, Citizenship Policy Index, Indicators of Immigrant Integration 2023, Zaragoza Indicators, etc.
- This study extracts common elements (education, employment, political participation, family reunification, permanent residency, and naturalization) from these diverse indicators and proposes legislative improvements based on these findings.
▶ Current Status of Policies and Protection of Human Rights for Foreigners
○ Foreigners are indicated in various terms and scopes in the laws
- In terms of legislation, foreigners are referred to in various terms in the laws, such as foreigners residing in Korea, foreign residents, immigrants, refugees, multi-cultural families, foreigner workers, marriage immigrants, foreign students, foreign nationals, and overseas talents
- The scope or type of foreigners can be categorized into three types: (1) Persons defined in Article 2 (1) 1 of the Foreign Investment Promotion Act (2) Persons without Korean nationality (3) Persons as defined in other regulations
○ The status of foreigners varies in the laws
- In terms of legislation, there are various legislative examples of egalitarianism (the Debtors' Rehabilitation and Bankruptcy Act); reciprocity (e.g., the National Pension Act); and preferential treatment of foreigners (e.g., the Act on the Designation and Management of Free Trade Zones)
▶ Diversity of National Policy Tasks and Master Plans Related to Foreigners
○ National Policy Tasks and 2024 Government Work Report
- The current administration has proposed social integration in national policy tasks, aiming to create a social environment where nationals and foreign residents respect one another through improvement in migrant human rights, and the Ministries have implemented a range of policies in terms of economic, welfare, and administrative support.
○ Master Plans for Policies on Foreigners
- As of November 2024, the master plan for policies on foreigners in Korea has been formulated and implemented for the fourth time, in accordance with Article 5 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea
- Currently, Korea's foreigner policy is shifting from viewing foreigners as tools for Korea's growth to viewing them as targets for social integration
▶ National Policies and Legislation Related to Foreigners in Korea
○ Foreigner-related policies include measures to legalize illegal immigrants, five-year plans to reduce illegal immigration, investment immigration programs, regional-specific visa programs, fast-track programs for permanent residence and naturalization for outstanding talents in science and technology, and plans to introduce and operate foreign workforce in 2024
○ Foreigner-related legislative systems can be categorized into various types
-Foreigner-related legislations in major countries reflect diverse approaches, including emphasis on social integration, institutionalization of the acceptance of professional manpower, and strengthening of foreigner management system
- Major Korean laws for protecting the human rights of foreigners include the Framework Act on Treatment of Foreigners Residing in the Republic of Korea, the Multi-cultural Families Support Act, the Refugee Act, the National Human Rights Commission of Korea Act, the Framework Act on Social Security, the Regulations on the Protection of Foreigners, and the Guidelines on Migrant Human Rights
- The Immigration Act and the Act on the Immigration and Legal Status of Overseas Koreans, among others, aim to establish the orderly residence of foreigners in Korea
- Major laws for attracting skilled and specialized foreign talents into Korea include the Act on Employment of Foreign Workers, the Act on Welfare of Persons with Disabilities, and the Income Tax Act
▶ Legislative Improvement Plans for Foreigner Policy based on Social Integration
○ Direction-Setting for Legislative Improvement based on the Analysis of Social Integration Index
Direction-Setting for Improvement
Education
- Relaxing the regulation on the non-issuance of notices of admission to elementary schools for foreigners and requirements of principal’s approval for admission to middle schools
Labor
- Enhancing foreign residents’ accessibility to Information on the domestic labor market
Political Participation
- Allowing political participation for foreigners to a certain extent
Family Reunification
- Permitting family accompaniment for short-term visa holders, low-skilled workers, and unskilled laborers under certain circumstances
Permanent Residency
- Guaranteeing foreigners with the right to settle after a certain period of stay
Naturalization
- Liberalizing the restrictive naturalization process under the current Nationality Act
○ Review of Governance for Social Integration
- While some countries have enacted comprehensive laws on foreign residents, it is necessary to establish provisions for social integration within the Framework Act on the Treatment of Foreigners Residing in the Republic of Korea as a legislative improvement measures, in order to clarify social integration from a perspective of legal stability.
- Harmonization of the scope of overseas Koreans as defined in Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans and overseas Koreans as defined in subparagraph 1 of Article 2 of the Framework Act on Overseas Koreans
- Establishment of a legal basis for the Social Integration Fund in the Framework Act on Treatment of Foreigners Residing in the Republic of Korea
- Preparation of legal grounds for the establishment of the Ministry of Population Strategy and Planning and the Immigration Service under the Government Organization Act
○ Legislative Improvement in Education-Related Laws
- The scope of application under the Framework Act on Education or the Elementary and Secondary Education Act needs to be amended to include 'everyone', rather than 'all citizens'; or a compulsory clause needs to be newly inserted to prevent school principals from rejecting applications by foreign children for admission to schools or transfer to other schools
- It is necessary to expand the scope of education and strengthen the support system for multi-cultural families, and stipulate psychological and career counseling services as part of educational support for children and adolescents from multi-cultural families
- In the medium to long term, legal residency status needs to be granted to foreign children without legal residency status to ensure access to compulsory and non-compulsory education
○ Legislative Improvements in Labor-Related Laws
- Establishment of explicit legal provisions for the delivery system of economic and administrative information, such as employment for refugees, etc.
- Provision of legal basis for employment activities and other support under Article 39 of the Refugee Act (Treatment of Humanitarian Sojourners)
- Deletion of Article 6 of the Act on the Employment of Foreign Workers;
- Introduction of penalty provisions against Article 22 (Prohibition of Discrimination) of the Act on the Employment of Foreign Workers
- Establishment of a legal basis for long-term employment benefits for diligent foreign workers
- Introduction of tax reduction provisions for foreign talents in high-tech industries eligible for the K-Tech Pass;
○ Legislative Improvement Related to Political Participation
- Amendment to Article 17 (2) of the Immigration Act (Prohibition of Political Activities for Foreigners) to clarify the scope of foreigners' political participation
○ Legislative Improvement Related to Family Reunification, Social Security, and Safety
- Amendment to Article 61-2 (Notification of Acquisition of Regional Membership by Foreigners) of the Enforcement Rules of the National Health Insurance Act to reduce the qualifying period from at least 6 months to at least 3 months
- Amendment to subparagraph 1 of Article 2 (Scope of Application) of the Enforcement Decree of the Employment Insurance Act to exempt specified business entities employing foreigners from mandatory employment insurance coverage
- Amendment to Article 5-2 (Special Cases of Foreigners) of the National Basic Living Security Act to allow foreigners who share livelihood or residence with a child of Korean nationality to qualify as beneficiaries
○ Improvement of Legislation Related to Permanent Residency
- Amendment to Article 81 of the Immigration Act to establish a legal basis for notifying individuals of voluntary accompaniment and their right to refuse voluntary accompaniment
- Setting an 18-month upper limit on detention in protection facilities under the Immigration Act, with a legal provision allowing an additional 18 months for protection period in specified cases
- Revision of terminology in Article 9 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea, replacing the term “illegal immigrants” with “person violating residency status”
- Amendment to the title of Article 92-2 of the Enforcement Decree of the Immigration Act, changing "exemption from notification obligations“ by public officials in specified cases to "prohibition on notification”
- Deletion of subparagraph 4 (hunger strike) from the grounds for special safety custody for protected foreigners in Article 40 (1) of the Rules on the Protection of Foreigners
- Amendment to paragraph (2) of Article 24 (Delegation of Authority) of the Enforcement Decree of the Refugee Act to grant the Immigration and Foreigners Support Centers the legal authority to perform these duties.
○ Legislative Improvement Related to Acquisition of Nationality
- Materialization of ambiguous expressions, such as “good manners”, “basic knowledge as a national of the Republic of Korea” under Article 5 (Requirements for General Naturalization) of the Nationality Act
Ⅲ. Expected Effects
▶ Academic Contribution
○ By conducting analytical research on various types of foreigners and topic-specific foreigner policies, this study will serve as fundamental data for future research on specific topics
▶ Policy Contribution
- As a comprehensive study that analyzes various aspects of foreigner policy, such as protection of human rights, establishment of residency order, and legislation for attraction of workforce. this study will propose direction-setting and establish the standards for foreigner policies from a perspective of social integration