혼인외 자녀의 출생등록제도의 문제점과 개선방안

「United Nations Convention on the Rights of the Child」 Article 7 of the UN Convention on the Rights of the Child (CRC) states that 'Children have the right to be registered immediately after birth and have the right to a name and nationality, and the date of birth and place of birth must be recorded'. It is stipulated that Birth registration is a basic right of a child. If a child's birth is not registered, it is difficult for children to access vaccinations, various medical benefits, childcare services, and public education systems, as well as being subject to child abuse, child trafficking, illegal adoption, and even child murder. Therefore, it is necessary to ensure that the birth registration of all born children can be done immediately. The current birth registration system in Korea has a number of problems, and this article describes them. In this article, the introduction of the birth notification system and the current issues related to it are reviewed to supplement the current birth notification system. If the birth notification system is introduced while the current bill has been proposed, it is expected to be an important turning point in that it can prevent the unregistered state of children because hospitals, midwives, and other public institutions are required to notify the birth of a child. However, even if the birth notification system is introduced, it is still difficult to access medical institutions, such as families living in remote areas where it is difficult to give birth in hospitals or access government agencies that issue birth certificates, and health insurance cannot be purchased. Complementary measures should also be prepared for these immigrants, stateless persons and their children, and mothers who wish to keep their birth information anonymous. In this regard, the main text suggests that the problem of interpretation of subordinated reporting obligations and that reporting by public institutions such as local governments or public prosecutors should be further strengthened. In this study, it was reviewed in terms of the need to introduce a protected childbirth system (anonymous childbirth system), and the need to open up the possibility of requesting the birth father's right to deny the birth or recognition of an out-of-wedlock who was born in a common-law marriage relationship. In addition, in relation to the birth certificate that must be submitted at the time of birth registration, it may be possible to clarify the interpretation of 'person directly involved in the birth' in writing and consider expanding the scope. Considering the fact that there may be hierarchies, it was reviewed that it was necessary to prepare an institutional device that would make it easier to fulfill the obligation to report births through simplification of costs, procedures, and time required.