Constitutional Court rules Seoul's lack of birth registration regulations for foreigners unconstitutional

Seoul's Constitutional Court has declared South Korea's absence of birth registration guidelines for foreign-born children unconstitutional, ruling unanimously in favor of the individuals' right to immediate registration. This decision, issued on August 27, followed a petition filed in 2022 by an undocumented Vietnamese family after their child's birth in 2019.

The child's delayed registration was further complicated by the parents' undocumented status. Typically, foreign nationals register their child's birth through their home country's embassy prior to registering the child as a foreign national with South Korea's immigration office. The court emphasized that nationality should not hinder the guarantee of birth registration, citing concerns about potential abuse or abandonment of unregistered children.

The court also clarified that universal registration does not equate to conferring South Korean citizenship upon foreign-born children. In a separate ruling, the court found a clause in the Military Service Act, which mandated employers to terminate employees who refused military service, unconstitutional. This decision allows conscientious objectors to contest such firing, with the National Assembly now mandated to revise the legislation by February 29, 2028. All South Korean men are obligated to complete at least 18 months of military service.