| 摘要: | 全球化之下，國際人口的移動勢必是一種趨勢，在他國長期居住不再以是否取得該國國籍為必要，但在這樣的浪潮下，外國人之流入雖給予雙方國家利益並帶來競爭力，卻也產生諸多影響：人流之管制、國家之安全、人權之保障、移民適應及輔導等，要有一定的規範、規劃及政策，將不會為本國帶來眾多負面影響。
相較於短暫之停留，外國人合法於他國長時間居住，其與相對國之關係是更為親密的，亦涉及外國人與相對國國民之權利。臺灣與韓國於歷史上開放外來人口的進程、甚至到最近所面臨少子化、高齡化社會、非法人口的困境都非常相似，因此本論文的研究架構以臺灣與韓國移民歷史、法制變遷、現行移民法律制度及針對非法外來人口權益保障。
本研究主要是透過臺灣與韓國移民法制之比較，提供臺灣未來招攬外來人才方面增加競爭力，同時在非法人口權益與國家利益方面，如何達到平衡再進而給予改善外來人口權利保障之建議方向，希臺灣能改善勞動力不足、非法外來人口滯留臺灣之現況。
In the age of globalization, the movement of people across borders has become a trend. Obtaining citizenship is no longer a prerequisite for immigrants wishing to reside in a foreign country for an extended period of time. While the arrival of foreigners benefits both nations and enhances competitiveness, it also brings challenges to areas such as the rule of law, national security, protection of human rights, and immigration counselling/ assistance. This calls for specific guidelines, planning, and policies to mitigate potential negative impacts on the home country.
Compared to foreign visitors, the relationship between foreign residents and home countries becomes closer during legal long-term stays, involving the rights of both parties. Taiwan and South Korea share similar historical backgrounds in the process of opening up to foreigners. Recent challenges, such as declining birth rates, an aging population, and issues related to illegal immigration, are also alike. Therefore, this thesis focuses on comparing the history of immigration, previous law amendments, current immigration laws, protection of the rights of illegal immigrants in Taiwan and South Korea.
This study aims to help Taiwan attract foreign talent by comparing its immigration laws with South Korea. It also aims to address the balance between the rights of illegal immigrants and national interests. In addition, the research provides suggestions on how to achieve this balance and improve the protection of rights of foreign residents. Ultimately, the goal is for Taiwan to overcome labor shortages and improve current situation of illegal immigrants residing in the country. |
