애스크로AIPublic Preview
← 학술논문 검색
학술논문가족법연구2020.07 발행KCI 피인용 22

외국인 아동을 위한 보편적 출생등록제의 도입필요성과 도입방안

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

현소혜(성균관대학교)

34권 2호, 141~182쪽

초록

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.

Abstract

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.

발행기관:
한국가족법학회
분류:
법학

AI 법률 상담

이 논문의 주제에 대해 더 알고 싶으신가요?

460만+ 법률 자료에서 관련 판례·법령·해석례를 찾아 답변합니다

AI 상담 시작