외국인 아동의 출생등록에 관한 입법론적 제안- 제22대 국회 입법안을 중심으로-

Recently, as one measure to address low birth rates and aging populations, discussions have emerged regarding labor migration and marriage migration systems. This has highlighted the issue that the system lacks adequate safeguards for pregnancy and childbirth among foreigners without South Korean nationality. Particularly, the current legal framework alone cannot cover the birth registration of all foreign children, leading to the violation of their fundamental human rights, including the right to birth, education, and health. Accordingly, international organizations have recommended that the Republic of Korea, as a State Party to the Convention on the Rights of the Child, fulfill its obligations. Recently, legislative discussions have been actively pursued domestically through various institutions and organizations, including the National Assembly. The primary significance of a universal birth registration system lies in establishing a public system that verifies the existence of foreign children. It must be designed to encompass all migrant children born in Korea. This is an obligation, not a matter of state discretion. It requires multifaceted efforts: enacting specific legislation on birth registration for foreign children in accordance with international conventions and recommendations; simplifying birth registration procedures; revising the Nationality Act and the Immigration Control and Refugee Recognition Act; and improving social awareness. Accordingly, this paper examines the current status of existing legislation. It then reviews the improvements needed for the pending individual legislative bill on birth registration for foreign children in the 22nd National Assembly, focusing on insights from recommendations by international organizations, including the UN, and legislative examples from other countries. Finally, it presents legislative proposals.