EU시민 및 제3국 국민에 대한 EU의 사람의 자유이동과 제한 = Review on the Free Movement of Persons in the Common Market of the European Union

다국어 초록 (Multilingual Abstract)

The free movement of persons in the European Union gives people the freedom to move to other Member States to take up employment there, the freedom to establish themselves in other Member States under same conditions as nationals of such States, and the freedom to provide or receive services on an equal footing to nationals in a Member State other than their own. First of all, the free movement of persons is of central importance to the European Union, in both economic and social terms. Council/European Parliament Directive 2004/38, which replaces a number of other instruments, adopts a graduated approach to the rights of the Union citizens who move to or reside in another Member State and to members of their families. Thus, in Article 24 of the Directive, migrants and their families residing for a period of up to three months in a host State are entitled to equal treatment but have no right to social assistance. Those Union citizens set out in Article 7(1) (a) and (d) of the Directive have the right to reside in a host State for more than three months. These categories include employed and self-employed persons. According to Article 16 of the Directive, the Union citizens and members of their families who have resided legally in a host Member State for a period of five years have the right to permanent residence. Such a right is not affected by temporary absence, and can only be lost through absence from a host State for a period exceeding two consecutive years. The latter persons have the right to work and the right to equal treatment. Council Directive 2003/109 is intended to allow a common long-term resident status to third-country nationals who have resided legally and continuously within the territory of the relevant Member State for five years. But, according to Article 3(1) of the Directive, the third-country national must have adequate resources and sickness insurance. And long-term residents are entitled by Article 11 to equal treatment in respect of a number of matters, such as employment and self-employed activity, education and training, social security, access to goods and services, and free access to the entire territory of the Member State. And according to Article 14(2) of the Directive, such long-term residents and members of their families are entitled to reside in another Member State for a period in excess of three months if they exercise an economic activity in an employed or self-employed capacity, or pursue studies or vocational training or other purposes. And such persons, in Article 15(2) of the Directive, may be required to show that they have stable and regular resources to maintain themselves and their families, and sickness insurance covering all risks normally covered in the second Member State. Lastly, in the effectivation of Korea-EU FTA, Korea need legally understand on the internal and external personal exchange of the EU. This helps proper apply relevant provisions under Korea-EU FTA. Therefore, both Council/European Parliament Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member State and Council Directive 2003/109 on the status of third-country nationals who are long-term residents provide a important legal basis, especially in application of the Chapter 7 of Korea-EU FTA.

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