국문요약 ······································································· 1
제1장 김대근
연구의 의의 ················································································· 9
제1절 연구의 목적 ··················································································· 11
제2절 연구의 방법 ··················································································· 15
제2장 김대근·설동훈
이민정책 거버넌스의 현황 ························································ 19
제1절 한국의 이민정책과 거버넌스 ························································· 22
1. 국제인구이동정책과 이민정책 ····························································· 22
2. 이주민 유형과 관련 업무에 따른 이민정책 ·········································· 26
가. 취업이주 정책 ··············································································· 27
나. 자유이주·역내이주 정책 ······························································· 28
다. 가족이주 정책 ··············································································· 28
라. 유학·국제연수 정책 ······································································· 29
마. 망명·난민이주 정책 ······································································· 29
바. 비합법이주 정책 ··········································································· 30
사. 이주민사회통합 정책 ···································································· 30
아. 영주권 및 국적 정책 ···································································· 31
자. 재외동포 정책 ··············································································· 31
차. 차별금지·다양성 정책, 이민행정조직 및 기타 이민정책 ··········· 32iv 외국인 정책 선진화를 위한 거버넌스 재구축(III): 이민정책 거버넌스 구축
제2절 이주 생애주기별 이민정책 구조 ····················································· 33
1. 이주민 초기 진입 및 국경 관리 단계 ···················································· 34
2. 외국인 주민 체류 및 관리 단계 ···························································· 34
3. 최종 단계 및 지위 변동 관리 ······························································· 34
가. 사증 정책 ······················································································ 34
4. 출입국관리(국경관리) 정책 ·································································· 39
가. 법적 근거와 체계 ········································································· 39
나. 입국 심사 ······················································································ 39
다. 출국 심사 및 금지·제한 ······························································· 40
라. 체류 관리 및 제재 ········································································ 40
마. 국경 보안 및 검색 ········································································ 40
바. 디지털 전환과 국제협력 ······························································· 41
5. 외국인 체류관리 정책 ·········································································· 41
가. 체류기간과 체류자격 ···································································· 41
나. 활동 및 지위 관리의 원칙··························································· 42
다. 정치 활동 금지 ············································································· 42
라. 한국의 외국인 체류관리 정책 평가 ············································ 43
마. 한국의 외국인 체류관리 정책의 문제점 ····································· 43
바. 한국의 외국인 체류관리 정책 개편 방향 ··································· 45
6. 외국인 불법체류관리 정책 ··································································· 46
가. 불법체류 외국인의 법적 정의 및 유형 ······································· 46
나. 한국 정부의 불법체류 외국인 관리 정책 ································· 47
다. 불법체류 외국인 문제의 구조적 원인 및 정책 개편 방향 ······· 47
7. 외국인 사회통합정책 ··········································································· 49
가. 외국인 사회통합정책의 유형별 체계 ·········································· 49
8. 외국인 사회통합 정책의 성과와 한계 ··················································· 51
가. 정주형 이주민 중심의 정책 편중 ················································ 51
나. 정책 주관 기관의 분산 ································································52
다. 정책 혼돈 및 비체계적 역할 분담 ·············································· 52
9. 사회통합 정책 개편 방향 ····································································· 52
10. 난민(망명) 정책 ················································································· 53
가. 난민 정책의 법적 및 제도적 근거 ·············································· 53
나. 난민 인정 절차 ············································································· 54
다. 인도적 체류 및 사회통합 지원 ··················································· 54목 차 v
라. 정책 개선 방향 및 향후 과제 ····················································· 54
11. 국적관리 정책 ··················································································· 55
가. 국적 취득 유형 및 요건 ······························································ 55
나. 국적 상실 ······················································································ 56
다. 국적 회복 ······················································································ 57
라. 복수국적 관리 및 특례 ································································57
제3절 한국의 이민정책 거버넌스의 한계와 과제 ······································ 59
1. 한국 이민행정조직의 역사 ··································································· 59
2. 이민정책 거버넌스 체계: 다부처 분산 거버넌스 ·································· 60
3. 이민정책 거버넌스 개편 방향 ······························································ 60
가. 통합 거버넌스 체계 구축 및 기능 강화 ····································· 61
나. 정책 주관 부처 역할 명확화 ······················································· 61
다. 기획·조정 기능을 포함한 정책결정 체계 마련 ··························· 61
라. 이민·외국인·난민 관련 청원위원회 설립 ····································· 61
제3장 설동훈
이민정책 거버넌스의 분절화 ···················································· 63
제1절 이민정책과 이민법제의 분절화 ······················································ 65
1. 한국의 이민법령 ·················································································· 65
가. 「출입국관리법」 - 법무부(외국인정책과) ·································· 66
나. 「국적법」 - 법무부(국적과) ························································ 66
다. 「난민법」 - 법무부(난민과) ························································ 67
라. 「재한외국인 처우 기본법」 - 법무부(외국인정책과) ················ 67
마. 「재외동포의 출입국과 법적 지위에 관한 법률」
- 법무부(외국인정책과) ······························································ 67
바. 「재외동포기본법」 - 재외동포청 ················································ 68
사. 「고려인동포 합법적 체류자격 취득 및 정착 지원에 관한 특별법」 - 재외동포청 ······················································· 68
아. 「사할린동포 지원에 관한 특별법」 - 재외동포청 ···················· 68
자. 「재외동포청 직제」 - 재외동포청 ·············································· 68
차. 「공문서에 대한 아포스티유 및 본부영사확인서 발급에 vi 외국인 정책 선진화를 위한 거버넌스 재구축(III): 이민정책 거버넌스 구축
관한 규정」 - 재외동포청 ··························································· 69
카. 「재외공관 공증법」 - 재외동포청 ·············································· 69
타. 「재외국민등록법」 - 재외동포청 ················································ 69
파. 「해외이주법」 - 외교부·영사서비스과 ······································· 69
하. 「외국인 근로자의 고용 등에 관한 법률」
- 고용노동부(외국인력담당관) ··················································· 69
거. 「다문화가족지원법」 - 성평등가족부(다문화가족과) ················ 70
너. 「국제결혼중개업의 관리에 관한 법률」
- 성평등가족부(다문화가족과) ··················································· 70
2. 이민정책과 이민법제의 분절화 ···························································· 70
가. 이민정책과 이민법제의 분절화 연쇄 고리 ································· 70
나. 분절화가 구조적으로 지속되는 까닭 ·········································· 72
제2절 각 부처의 이민정책 협력체계 현황 ················································ 75
1. 한국의 이민정책 협력체계: 중앙부처-지방정부 협력 구조 ·················· 75
가. 19개 중앙행정기관의 이민정책 역할 분담 ································· 75
나. 관계 중앙행정기관의 이민정책 역할 분담 ································· 83
다. 지방자치단체의 이민정책 역할 분담 ·········································· 86
라. 민간 부문의 이민정책 역할 분담 ················································ 88
2. 주요 이주민 집단별 이민정책 협력체계 ··············································· 90
가. 고용허가제 비전문취업(E-9) 정책 관련 이민정책 협력체계 ····· 90
나. 외국인 전문인력정책 관련 이민정책 협력체계 ·························· 95
다. 외국인유학생 관련 이민정책 협력체계 ······································· 97
라. 가족이민정책 협력체계 ······························································· 101
제3절 한국 이민정책 거버넌스의 문제점 ··············································· 103
1. 이민정책과 이민법제의 분절화 현상이 초래한 문제점 ······················· 103
2. 이민정책 협력체계의 문제점 ····························································· 105
가. 이민정책 수립에서 조직 간 칸막이 현상 ································· 105
나. 이민정책 집행 방식의 이원화 ··················································· 106
다. 다부처 협력체계와 이민정책 주류화의 의의 ···························· 106
라. 정책 심의·조정 기구의 미비와 한계 ········································· 107목 차 vii
제4장 송영훈
이민정책 거버넌스의 필연적 분절 ·········································· 109
제1절 이민정책 환경의 변화와 대응 ······················································ 111
1. 이민 송출국에서 수용국으로의 전환 ·················································· 111
2. 취업이주 제도의 도입과 사회적 논란 ················································· 112
3. 가족이주와 다문화가족 정책의 확산 ·················································· 113
4. 난민정책의 제도화와 사회적 갈등 ····················································· 115
5. 파편화의 필연성과 제도적 축적, 사회적 인식의 변화 ························ 116
제2절 제도와 거버넌스 대응 전략 ·························································· 117
1. 부처별 제도의 분화와 정책적 전문화 ················································· 117
가. 정부 부처별 정책적 전문화와 조정 체계 구축의 필요성 ······· 117
나. 중앙-지방의 불균형과 지방-지방의 이민정책 서비스
격차 확대 ···················································································· 119
2. 행정적 파편화의 구조적 결과와 부분적 통합 ····································· 120
가. 정책 일관성의 약화와 예산 중복 발생 ····································· 120
나. 중앙-지방 정부 간 불협화음과 정책의 사각지대 발생 ··········· 121
다. 조정된 파편화 모델을 위한 시사점 ·········································· 122
3. 국제비교: 통합과 분권의 조화 ··························································· 122
가. 캐나다: 중앙집중과 지방·시민사회 협치의 조화 ······················ 123
나. 독일: 연방-주정부 분권형 이민정책 거버넌스 ························· 124
다. 일본: 조직 통합의 명목과 제도 통합의 부재 ·························· 124
라. 호주: 효율성 중심 초통합형 모델의 역설 ································ 125
마. 시사점: 한국형 ‘조정된 파편화’ 모델의 제도화 ······················· 126
4. 소결: 필연적 파편화와 점진적 제도화의 실증 ···································· 126
제3절 협력과 경쟁의 이민정책 거버넌스 ··············································· 128
1. 거버넌스 행위자의 다각화 ································································· 128
가. 다각화의 의미: 전문성의 축적과 부처 간 정책 목표의 충돌 ·128
나. 중앙정부 부처: 분절에서 연결로 ··············································· 129
다. 지방정부: 재정력과 정치적 의지에 따른 지역별 격차 발생 ··· 131
라. 시민사회와 이주민 당사자의 제도권 진입 ······························· 133
마. 산업계 및 민간경제 주체의 참여 확대 ····································· 134viii 외국인 정책 선진화를 위한 거버넌스 재구축(III): 이민정책 거버넌스 구축
바. 소결: 네트워크 행정으로의 전환 ··············································· 135
2. 이민정책 간 경쟁과 협력 ··································································· 136
3. 중앙-지방 불일치와 지방 간 정책경쟁 ·············································· 138
4. 정부-시민사회 간 조정과 협력의 거버넌스 ········································ 140
5. 정책 간 연계 사례 ·············································································· 142
제4절 미래지향적 이민정책 거버넌스 구축 ············································ 145
1. 인구 감소와 이민정책에 대한 인식의 전환 ········································ 145
가. 인구 감소와 노동시장 대응 정책으로서의 이민정책 ··············· 145
나. 인구구조 조정의 일환으로서 이민정책 ····································· 145
다. 노동 및 경제 발전 전략의 동력으로서의 이민정책 ················· 146
2. 국익 중심의 이민정책 ········································································ 147
가. 경제적 국익을 위한 이민정책 ··················································· 147
나. 지역소멸 위기 대응과 사회적 국익을 위한 이민정책 ············· 148
다. 외교 전략으로서의 개발협력형 이민정책 ································· 149
3. 인권 중심의 이민정책 ········································································ 150
가. 국제인권 규범의 국내적 수용과 사회적 갈등 ·························· 150
나. 체류자격과 관계없는 기본적 생활권 보장 체계 구축 필요 ···· 151
다. 난민과 이주민의 인권적 긴장 해소의 문제 ····························· 152
4. 효율성 중심의 이민정책 ···································································· 153
가. 데이터 기반 이민행정의 구축 ··················································· 153
나. 중앙-지방 거버넌스 조정기구의 제도화 ··································· 154
다. 재정 운영의 효율화 ···································································· 154
라. 전문인력 운용의 효율화 ····························································· 155
제5절 시사점 및 함의 ············································································ 156
1. 정책적 시사점: 조정된 파편화의 제도화 전략 ···································· 156
2. 법률적 시사점: 이민기본법과 제도 통합의 법적 토대 ························ 157
3. 운영적 시사점: 민관협력과 평가체계의 제도화 ································· 158
4. 종합적 함의: 국익·인권·효율성의 균형 ·············································· 159목 차 ix
제5장 김대근·오학수
이민정책 거버넌스 ·································································· 161
제1절 일본의 출입국재류관리청 개편 이전의 거버넌스 ························· 166
1. 법무성 입국관리국의 소속 및 위상 ···················································· 166
2. 출입국 관리국의 주요 기능 ································································166
3. 타 부처와의 관계 및 협력 체계 ·························································· 167
가. 후생노동성(厚生労働省) ······························································ 167
나. 외무성(外務省) ············································································· 168
다. 내각부 및 총리관저 ···································································· 168
4. 개편 이전 거버넌스의 문제점 ···························································· 168
가. 정책·행정 이원화 ········································································ 168
나. 난민인정제도 ··············································································· 169
다. 수용소 인권 문제 ······································································· 169
라. 체류 외국인 통합정책 부재 ······················································· 169
5. 왜 출입국재류관리청으로 개편되었나? ············································· 170
제2절 일본의 출입국재류관리청 설립을 위한 사회적 합의와 방향 ········· 171
1. 사회적 합의 형성과 정책 방향 ··························································· 172
가. 외국 인재 도입 및 공생에 관한 종합적 대응책······················ 172
나. ‘외국 인재 도입 및 공생에 관한 종합적 대응책’의 개정 과정 ·176
2. 부처 간 협력 체계의 정비 ·································································· 178
3. 지자체 및 시민단체의 역할 확대 ······················································· 180
가. 지자체의 역할 ············································································· 180
나. 시민단체의 역할 ········································································· 181
제3절 일본의 출입국재류관리청 개편 이후 거버넌스 현황 및 법제 변화 ··· 182
1. 거버넌스 체계 강화 및 법제 개정 ······················································ 182
2. 이민정책 방향의 변화 ········································································ 183
3. 부처 간 협력 및 통합 운영 ································································· 184
4. 인권 보호와 시민 감시 강화 ······························································ 184
제4절 일본 출입국재류관리청의 주요 업무, 인력 및 예산 ······················ 185
1. 주요 업무 ·························································································· 185
가. 공생사회 실현을 위한 환경 정비 ·············································· 187x 외국인 정책 선진화를 위한 거버넌스 재구축(III): 이민정책 거버넌스 구축
나. 외국인 고급전문가 인재 도입 정책 ·········································· 190
2. 인력 현황 ·························································································· 199
3. 예산 규모 ·························································································· 201
제5절 출입국재류관리청과 법무성 간 관계 설정 ···································· 202
1. 정책기능: 법무성의 전략 수립 및 법적 감독 ······································ 202
2. 집행기능: 출입국재류관리청의 행정 운영 및 관리 ····························· 202
3. 내부 권한 구조로 인한 갈등 상황 ······················································ 203
제6절 타 부처·지자체·시민단체와의 협력 및 한계 ·································· 203
1. 타 부처와의 협력 및 한계 ·································································· 204
2. 지자체와의 협력 및 한계 ··································································· 205
가. 협력 구조 ···················································································· 205
나. 협력의 한계 ················································································· 205
3. 시민단체와의 협력 및 한계 ································································206
가. 협력 구조 ···················································································· 206
나. 협력의 한계 ················································································· 206
제7절 한국의 이민정책의 방향에 주는 시사점 ······································· 207
1. 전담 기구의 필요성과 위상 설정 ······················································· 207
2. 부처 간 정책조정체계의 구축 필요성 ················································ 207
3. 지자체의 동반자적 참여 체계 구축 ···················································· 208
4. 시민사회와의 협력 거버넌스 제도화 ·················································· 208
5. 단계적 확대 전략과 사회적 수용성 고려 ············································ 208
제8절 결론 ···························································································· 209
제6장 김대근·설동훈
이민정책 거버넌스의 방향과 대안 ·········································· 211
제1절 이민정책의 원칙 ·········································································· 213
1. 이민정책이란 무엇인가? ··································································· 213
2. 한국형 이민정책이란 무엇일까? ························································ 216
가. UN형 거버넌스 시각 도입 ························································· 216
나. OECD형 기능적 정책 확립 ························································ 217목 차 xi
다. 이주생애주기형 절차관리 고도화 ·············································· 217
3. 이민정책의 기본 원칙 ········································································ 217
가. 주권(sovereignty)과 법치(lawfulness)의 원칙 ···························· 218
나. 인권 존중(human rights)과 인간 존엄(human dignity)의 원칙 · 218
다. 평등(equality)과 차별금지(non-discrimination)의 원칙 ·············· 219
라. 사회통합(social integration)과 상호존중(mutual respect)의
원칙 ····························································································· 220
마. 상호주의(reciprocity)와 국제협력(international cooperation)의
원칙 ····························································································· 221
바. 효율성(efficiency)과 투명성(transparency)의 원칙 ····················· 221
사. 지속가능성(sustainability)과 균형성(balance)의 원칙 ················· 222
아. 책임성(accountability)과 참여(participation)의 원칙 ··················· 222
제2절 이민전담기구의 필요성 및 방향 ··················································· 223
1. 이민전담기구의 필요성 ····································································· 223
가. 기존 이민 행정체계의 구조적 한계 극복 ································· 223
나. 인구·경제 구조 변화와 이민정책의 필요성 ······························ 224
다. 이민정책 거버넌스 현대화와 정책 일관성 확보 ······················ 224
라. 사회통합과 인권보호의 제도화 ·················································· 225
마. 통제 중심에서 ‘포용적 시티즌십’ 중심으로의 전환 ················· 226
2. 비교이민정책 관점에서 본 이민전담기구 설립의 의의 ······················· 226
가. 이민정책 분석의 설명 틀: 수렴 가설과 격차 가설 ················· 226
나. 한국 이민 거버넌스의 격차 양상 ·············································· 228
다. 이민전담기구 설립의 수렴 지향적 의의와 국제적 정렬 ········· 229
라. 예상되는 집행적 격차와 극복 방안 ·········································· 230
마. 수렴과 격차의 변증법적 관계와 이민처의 제도적 의의 ········· 233
3. 이민전담기구 설립 방향 ···································································· 233
가. 정책기획 및 집행 기능의 통합적 보유 ····································· 234
나. 총괄 기능 수행을 위한 법제적 뒷받침 ····································· 235
다. 공동 핵심성과지표 및 공동 예산 풀 운영 ······························· 236
라. 권한 있는 조정기구의 설치 ······················································· 236
마. 부처 간 협력과 사회적 파트너십을 아우르는 거버넌스
기능 확보 ···················································································· 236
바. 데이터 기반 정책체계 구축 ······················································· 237xii 외국인 정책 선진화를 위한 거버넌스 재구축(III): 이민정책 거버넌스 구축
사. 경로 기반(trajectory-based) 서비스 설계 ·································· 237
제3절 기존 이민전담기구 설립 논의 현황 및 한계 ·································· 238
1. 이민전담기구 설립 논의 현황 및 수렴의 부재 ···································· 238
2. 이민전담기구 설립 논의의 한계와 구조적 병목 ································· 239
가. 기구 정체성과 권한 규모의 불명확성 ······································· 239
나. 정책 조정·전달 체계의 부재 ······················································ 240
다. 전문성·인력·예산의 부족 ···························································· 240
라. 정치적 우선순위와 사회적 수용성의 미비 ······························· 241
3. 국제비교 관점에서 본 한국의 이민전담기구 설립 논의의 특징 ·········· 241
제4절 이민전담기구의 조직적 위상 ······················································· 242
1. 왜 ‘중앙행정기관’인가: 입안-심의-조정을 한 축으로 묶는 컨트롤타워의 필요 ············································································ 242
2. 한 조직에 ‘규제+지원’을 혼재시킬 때의 신뢰·집행 문제 ···················· 243
3. 조직 위상을 어떻게 정할 것인가: ‘부-처-청-본부’ 4안의 비교 ········· 243
가. 독립 부처(部) 형태 모델 ···························································· 244
나. 처·청 단위 기구 형태 모델 ························································ 244
다. 현행 본부(1급) 확대·개편 ··························································· 245
4. 최적 조직 위상으로서의 ‘처’ 단위 기구 ············································· 245
가. 국무총리 소속 ‘처’의 기능적 특성과 이민정책의 정합성 ······· 245
나. 이민처 신설을 통한 정책 격차 해소 효과 ······························· 246
다. ‘처’ 단위 이민기구의 국제 사례 비교: 기능적 유사성 ············ 247
제5절 이민처 신설 방안 ········································································· 248
1. 이민처의 업무 범위와 조직 위상 ······················································· 248
가. 조직 구조와 기능 설계 방법 ····················································· 248
나. 이민처의 4본부, 8국 체계 및 기능··········································· 251
2. ‘전 정부적 접근’을 위한 범부처 거버넌스 모델 ·································· 253
가. 공통 관리 영역의 규명과 역할 분담 ········································ 253
나. 정책 흐름 공동 관리의 제도화 ················································· 253
3. 이민처의 업무 범위 조정에 따른 부처 간 권한 이관 및 조정 ·············· 254
가. 핵심 권한의 이민처로의 이관 및 집중 ····································· 254
나. ‘포지티브 섬 게임’을 위한 업무 조정 모델 ····························· 254
다. 부처간 업무조정기구의 상설화 ·················································· 255목 차 xiii
4. 이주민 권리 보장 및 사회통합 기능 ··················································· 255
가. 정책 패러다임 전환의 구조적 기제 ·········································· 256
나. 이주민 권리 보장 강화: 이주인권국 ········································· 256
다. 실질적인 사회통합 촉진: 사회통합정책국 ································ 257
5. 이민처의 성공 조건 ··········································································· 259
제6절 관련 법령 제·개정안 및 조문 축조 예시 ······································· 260
1. 주요 법률 제·개정 쟁점 ····································································· 260
2. 「정부조직법」 개정안 ········································································ 260
참고문헌 ················································································· 263
Abstract ·················································································· 273