ScholarWorks@숙명여자대학교

초록

This study aims to present implications for the improvement of the immigration legislation in Korea by reviewing the provisions on foreigners’ entry requirements under Canada’s immigration legislation, which has a long history of immigration as a traditional immigration country. To this end, prior studies were first reviewed, and implications were drawn by analyzing the Canadian Immigration and Refugee Protection Act, its Regulations, and the relevant Canadian Federal Court cases. The implications are as follows. First, if a private health insurance certificate is submitted when applying for a family visitor(F-1) visa for a long-term child visit or changing the status of sojourn to F-1 status, it will be able to contribute to expanding the right of marriage immigrants to invite their parents to Korea and reducing the likelihood that family visitor visa system will be abused. Second, a clearer standard for allowing judicial review on visa rejection is required, and as refusing judicial review on a marriage migrant visa(F-6) rejection may violate the family formation and co-residency rights of Korean spouses, an attitude that too narrowly interprets the scope of legal interests to seek cancellation of the visa denial decision should be avoided. Third, in light of the reality that there are many foreigners who have a criminal history in modern society while staying in their home country or Korea, for example, due to minor traffic accidents, predictable standards for entry bans due to criminal history and the right to apply for release from entry ban need to be stipulated in the Immigration Act of Korea. Fourth, if foreigners’ general duty of candor and inadmissibility ground of misrepresentation which breaches the duty of candor are included in the Immigration Act of Korea, they will be able to contribute to foreigners’ compliance with the Act and strict enforcement of the Act.

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