외국인 아동을 위한 보편적 출생등록제의 도입필요성과 도입방안

A Study on the Necessity and Method of Universal Birth Registration System for Children without Korean Nationality

According to the Article 1 of the Act on Registration of Family Relations, those without Korean nationality are not subject to the Act, which means that foreigners are not allowed to register the birth of their children who are born within Korean territory, and as a result, they cannot get any official birth certificates from Korean government. This not only leads to infringement of children s human rights, but also violates the UN Convention on the Rights of the Child, which states that all children shall be registered immediately after birth. This paper argues that the territorial policy should be applied when it comes to family registration, that therefore any registration of birth should not be denied on the grounds of nationality or status of immigrant children, and that universal birth registration system should be introduced into the Korean legal system. It also suggests some specific measures to be taken for introducing universal birth registration system.