2012 Fiscal Year Final Research Report
Legal exploration of citizenship criteria during the establishment of the Republic of Korea
| Project/Area Number |
22530013
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Fukuoka Women's University (2011-2012)
University of Nagasaki (2010) |
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Principal Investigator |
OKA Katsuhiko 福岡女子大学, 国際文理学部, 教授 (90281774)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 国籍 / 朝鮮戸籍 / 民籍 / 大韓民国 |
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| Research Abstract |
This paper clarifies the legal criteria for the scope of “citizenship” as decided during the foundation of the Republic of Korea. In Korea, there are no provisions concerning “citizenship” in its constitution or nationality acts. They did not even exist transitionally . Therefore, legally, the Korean nation was established with the scope of citizenship left unclear. To deal with this legal deficiency, nationality in the Republic of Korea has been decided through judicial precedence and practice, which relies critically on the Korean family registers from the colonial period. This study focuses on the function of this “Korean Family Register.”
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