헌재 “아동 출생 즉시 존재 기록하는 건 최소의 보호 장치”…외국인 아동 출생등록 입법해야

The Constitutional Court ruled on May 27 that the right of foreign-born children to automatic birth registration in South Korea is a constitutional requirement. This marks the first time the court has acknowledged the "universal birth registration system," which mandates that the state must record the birth of every child, regardless of their nationality or their parents' residency status.

The court unanimously decided that this decision was a violation of constitutional rights in a case involving a Vietnamese woman and her South Korean-born child. The mother entered South Korea in 2008 with a non-specialist work visa, but remained in the country illegally after her visa expired. The child, born in South Korea, was not registered due to being the child of foreign parents.

Both the mother and child subsequently obtained Vietnamese citizenship. The court emphasized that the current registration system does not guarantee the right of automatic birth registration for foreign-born children and that the registration process is complicated for such children because only South Korean citizens can register their status.

The court stated that the "automatic birth registration" is a fundamental minimum protection for a child, acknowledging the recommendation of the United Nations Committee on the Rights of the Child. The court emphasized that South Korea has a legal obligation to provide automatic birth registration for all children born in the country, regardless of their nationality, residency status, or the country of their birth.

This will ensure that all children born in South Korea can secure their legal status under South Korean law. The court clarified that this measure is intended to provide a basic level of protection and support to children living illegally in the country, but does not grant them South Korean citizenship or residency rights. The court instructed the legislative branch to promptly enact legislation to address this constitutional deficiency.