A Study on The Right of the Migrant Children to Education in Korea and Legislative Proposals

A Study on The Right of the Migrant Children to Education in Korea and Legislative Proposals

The right to education is one of the most essential fundamental rights, considering the fact that such right enables a person to become a capable and sound member of a society. In recent years, the number of migrant people has been drastically increased in Korea, and accordingly the question on whether the migrant children can receive adequate education has been brought about. Although it seems likely that the traditional academic theories conclude that the subjectivity of the right to education under Korean Constitution is limited to Korean nationals. I believe there is some possibilities that the Korean Constitutional Court would support that foreign people can entertain the right to education under Korean Constitution, in light of some precedents. Even if the right of the migrant children to education is not interpreted as a constitutional right, Korea has legal obligations provided by several international conventions which Korea ratified, such as UN Convention on the Rights of the Child and International Convention on Economic, Social and Cultural Rights. To guarantee and enhance the right of the migrant children to education, Korean government needs to adapt a registration system for all children after birth under UN Convention on the Rights of the Child. Also, it is necessary to improve relevant domestic regulations so as to realize the right of the migrant children to education. For example, it would be necessary to restrict the school’s principals’ discretion to accept a student or not, and to exempt the public school teachers from the duty to report the illegal stay to the immigration control office. Also, if Korea ratifies the International Convention on the Protection of All Migrant Workers and their Families, it would promote the right of the migrant children to education.

The right to education is one of the most essential fundamental rights, considering the fact that such right enables a person to become a capable and sound member of a society. In recent years, the number of migrant people has been drastically increased in Korea, and accordingly the question on whether the migrant children can receive adequate education has been brought about. Although it seems likely that the traditional academic theories conclude that the subjectivity of the right to education under Korean Constitution is limited to Korean nationals. I believe there is some possibilities that the Korean Constitutional Court would support that foreign people can entertain the right to education under Korean Constitution, in light of some precedents. Even if the right of the migrant children to education is not interpreted as a constitutional right, Korea has legal obligations provided by several international conventions which Korea ratified, such as UN Convention on the Rights of the Child and International Convention on Economic, Social and Cultural Rights. To guarantee and enhance the right of the migrant children to education, Korean government needs to adapt a registration system for all children after birth under UN Convention on the Rights of the Child. Also, it is necessary to improve relevant domestic regulations so as to realize the right of the migrant children to education. For example, it would be necessary to restrict the school’s principals’ discretion to accept a student or not, and to exempt the public school teachers from the duty to report the illegal stay to the immigration control office. Also, if Korea ratifies the International Convention on the Protection of All Migrant Workers and their Families, it would promote the right of the migrant children to education.