DistantNews
Support us
🇰🇷 South Korea /Crime & Justice

South Korean court rules foreign children born in country have right to birth registration

From Hankyoreh · () Korean

Translated from Korean and summarized by DistantNews. Read the original for the full story.

At a glance

News Named sources Outcome reported
  • The Constitutional Court ruled that foreign children born in South Korea have the right to birth registration, regardless of their parents' nationality or status.
  • This marks the second time in 32 years that the court has declared a legislative omission unconstitutional.
  • The court also found a provision in the Military Service Act unconstitutional, which allowed employers to dismiss conscientious objectors without justification.

The Constitutional Court of South Korea has ruled that foreign children born within the country are entitled to birth registration, irrespective of their parents' nationality or immigration status. This landmark decision came on August 27, with all nine justices unanimously agreeing that the lack of a law ensuring this right for foreign newborns constituted a constitutional omission.

The official recording of a child's existence by the country of birth immediately upon birth is a minimal protection for the child.

— Constitutional CourtExplaining the importance of birth registration for children born in South Korea.

This is the second instance since 1994 that the court has declared a legislative omission unconstitutional, highlighting a significant gap in existing laws that has persisted for 32 years. The court emphasized that official registration of a child's existence immediately upon birth is a fundamental protective measure. "Foreigners born in the Republic of Korea also have the 'right to be registered at birth,'" the court stated, adding that the state has a legislative obligation to define the specific content of this right, ensuring registration is possible under South Korean law.

In a separate but related ruling, the Constitutional Court also declared a provision of the Military Service Act unconstitutional. The law in question, Article 76, Paragraph 1, prohibited the employment of individuals who evade military service without due cause. The court found this blanket dismissal policy to be in violation of the constitution, with five justices voting for a "constitutional non-conformity" ruling and two for unconstitutionality.

Foreigners born in the Republic of Korea also have the 'right to be registered at birth.'

— Constitutional CourtStating the right to birth registration for foreign children born in the country.

The "constitutional non-conformity" decision means the law's unconstitutionality is recognized, but a grace period is given for legislative revision to prevent social disruption. The National Assembly must amend the provision by February 29, 2028. This ruling stems from a constitutional complaint filed by an individual identified as 'B', who was dismissed from employment for refusing military service.

There exists a legislative obligation for the state to form the specific content of this right, enabling birth registration under the laws of the Republic of Korea, regardless of nationality, immigration status, or whether birth registration has occurred in the country of origin.

— Constitutional CourtDetailing the state's duty to ensure birth registration for foreign children.
About this summary

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

More Stories

From Our Blog