The Right of the Migrant Children to Education in Korea

The path to inclusion for undocumented migrant children in South Korea

“…Children born to foreign parents cannot be registered in Korea after birth, irrespective of whether their parents are legally residents, because Korea has no legal provisions in this case. Under the principle of jus sanguinis , children born to foreign parents in Korea cannot acquire Korean nationality or be registered (Lee BY, 2019, 2021; Shin, 2016). If foreign parents are authorized migrants, they can register a birth at their country’s consulate or embassy and then register the children as aliens at the immigration office after receiving a passport.…”

“…However, many irregular foreign parents hesitate to register a birth at their country’s consulate or embassy for fear of uncovering the undocumented residency. Consequently, their children become undocumented and stateless (Lee BY, 2021; Shin, 2016). Critics say that the Korean government is violating its obligations under the Convention on the Rights of the Child (CRC) and the International Covenant on Civil and Political Rights (ICCPR) by failing to adopt measures for every child to be registered without delay after birth (Jeung, 2017; Lee BY, 2019).…”

“…Undocumented migrant children occupy particularly precarious legal and social positions. They inherit the instability of their parents with no legal status and, therefore, cannot be fully protected (Lee BY, 2021; Lee and Koo, 2016).…”

“…The term “alien” and “foreigner” are also found in other laws (Choi, 2016; Choi YJ, 2017). As for the term related to migrant children, “youth with immigrant background” is used in the Youth Welfare Support Act (Chong and Park, 2018; Lee BY, 2021) to indicate the target for support (Article 18). The non-existence of the legal term “(im)migrant” in Korean law suggests exclusion and perhaps reflects the reluctance to accept immigrants into or as part of Korean society.…”

“…The term “migrant children” refers to two groups of children: Those who were foreign-born but currently reside in Korea and those who were born to migrant parents in Korea (Chong, 2008; Lee BY, 2021). As the Convention on the Rights of the Child and the Child Welfare Act define a child as a “human being below the age of 18,” this study considers a migrant child as a migrant below the age of 18 (Lee and Choi, 2021; NHRC, 2011; Seol et al, 2003).…”