According to the philosophy of universal human rights recognized in international law, even foreigners naturally have right to enjoy human rights. The principle of due process is not only for the local residents but also for the foreigners. The criminal procedure related with the criminal punishment emphasizes on the principle of due process. In this respect, it is necessary to have observation about the due process for foreigners including the strengthening the guarantee of Human Right.
Sometimes the criminal proceedings against foreigners in some country can show some of the principles of human rights and due process, the law enforcement agencies may also be exposed to be in the process of applying criminal procedures against foreigners. Foreign nationals, regardless of their nationality, are often minority in the country and are often subject to unreasonable discrimination in comparison to their citizens. Even if foreigners are criminals, the law applying to foreigners is necessary to be in line with the principles of human rights and due process for foreigners. There may always be a possibility that discriminate against foreigners by the law enforcement agency.
In this regard, in order to confirm whether criminal proceedings against foreigners are conducted in accordance with the principles of human rights and due process of foreigners, it is necessary to examine the propriety of the criminal procedure related to foreigners including the legal application and implementation of law including the law enforcement.
As the number of foreigners staying in Korea increases, the number of foreigners' crimes has also increased, and many studies have been carried out in Korea for dealing with the actual situation of foreigners' crimes and countermeasures against foreigners' crimes. However, there are relatively few studies on whether criminal proceedings against foreigners properly show the situations of the human rights and due process for foreigners. It should be taken it for granted that foreigners also have human rights, furthermore criminal procedures against foreigners should be reformed in accordance with the principles of due process.
In the situation where the number of foreign nationals entering the country and the number of foreigners staying in Korea are continuously increasing, the criminal procedure against foreigners is also to be in harmony with the legitimacy of law.
It is also necessary to promote the social integration of foreigners by eliminating the unreasonable discrimination against foreigners in the criminal procedure.
At present, Korea faces the change of population and the industrial structure including the increasing foreigners, it is a important task to create a new social environment and embracing legal conditions related with the guarantee of human right, in that foreigners and local residents understand and respect each other for mutual cooperation without discrimination.
In the subsequent study, the measures of the specific improvement in the legal system and alternatives should be sought by focusing on the problems and issues presented in this preliminary study.