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Globalization and Change of Migration- Related Laws in Korea: Focusing on the Change of Marriage Migration-Related Laws

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Authors
Shim, Young-Hee
Issue Date
2009
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.9 No.2, pp. 201-223
Keywords
marriage migrationmigration-related lawsNationality ActAct on the Regulation of Marriage Brokerage AgenciesMulticultural Family Support ActGovernment Instructions on Social Integration Program
Abstract
In this paper I tried to review the change of marriage migration-related laws and find out the characteristics and meanings of the changes. I also tried to analyze the social context of these changes and suggest the relationship between the law and society. As objects of analysis I chose Nationality Act, Act on the Regulation of Marriage Brokerage Agencies, Multicultural Family Support Act, and Government Instructions on Social Integration Program. The changes were characterized as changes from laissez faire to more regulations, changes from denationalization of reproduction to re-nationalization of reproduction, and changes from pure blood ideology to multiculturalism and social integration,. When seen from a macroscopic perspective, most of these changes turned out to be the government’s response to risks of the first modernity, that is, side-effects of rapid industrialization and urbanization, on the one hand, and risks of the second modernity, that is, globalization and individualization, on the other. However, when seen from a more microscopic perspective, there were government’s role and initiative in making these multicultural policies. In this sense it can be concluded that the relationship between the law and society, as far as the marriage migration-related laws are concerned, seems to be one of interrelationship between law and society, showing “society first, and law follows” relationship on the one hand, and the

government taking an initiative relationship on the other.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85170
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 09 Number 1/2 (2009)
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