A Study on The Right of the Migrant Children to Education in Korea and Legislative Proposals
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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.
Abstract
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.
참고문헌 (24)
- Children, "First and Foremost: A Guide to Realizing the Rights of Children and Families in an irregular Migration Situation", Platform for International Cooperation on Undocumented Migrants(PICUM), ~ (2013)
- Third Periodic Report by the Government of Japan under Articles 16 and 17 of International Covenant of Economic, Social and Cultural Rights, , ~ (2009)
- NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan, prepared for the 76th UN Committee on the Elimination of Racial Discrimination Session, , ~ (2010)
- NGO’s Counter Report(Summary) to the Pre-sessional Working Group of the UN Committee, Economic, Social and Cultural Rights in South Korea, , ~ (2008)
- Hans Gunter Brauch, "‘Migration, Gender, and Social Justice’, Hexagon Series on Human and Environmental Security and Peace Vol.9.", Springer Open, ~ (2013)
- The UN Committee on Economic, Social and Cultural Rights, "Concluding Observations: Republic Of Korea, E", C.12, Add.59 44, 2005[DOI]
- Economic, Social and Cultural Rights in South Korea, NGOs’ Counter Report (Summary) submitted to UN Office of the High Commissioner for Human Rights, , ~ (2008)
- Ji Hyun-Park, "Illegal Immigrant Children Should Be Entitled to Education", Human Rights Korea, ~ (2013)
- The UN Committee on the Rights of the Child, "Thirty-second session, Concluding observations:Republic of Korea, CRC", C, Add.197, 2003[DOI]
- The UN Committee on the Rights of the Child, "Fifty-eighth session, Concluding observations:Republic of Korea, CRC", C, CO, pp.3-4[DOI]
- 허영, "한국헌법론" (2017), 박영사
- 권영성, "헌법학원론" (2010), 법문사
- 김철수, "헌법학개론" (2007), 박영사
- 국가인권위원회, "국가인권정책기본계획(2007-2011) 권고안", ~ (2006)
- 국가인권정책기본계획(2007-2011), "법무부", ~ (2006)
- 이주아동의 인권상황 실태조사(2010년도 인권상황 실태조사 연구용역 보고서), "국가인권위원회", ~ (2010)
- 주민등록 사용현황 실태조사(2005년도 인권상황 실태조사 연구용역 보고서), "국가인권위원회", ~ (2005)
- 교육과학기술부, "2015년도 교육기본통계", ~ (2014)
- 법무부, "초등학교 재학 불법체류 아동에게 한시적 특별체류 허용 안내", ~ (2008)
- "국가인권위원회 결정, 이주아동의 교육권 보장을 위한 개선방안 권고", ~ (2011)
- "국가인권위원회 결정, 유엔 아동의 권리에 관한 협약 제21조의 유보철회 및 이행에 대한 권고", ~ (2005)
- 교육과학기술부, "다문화학생 학적관리 매뉴얼", ~ (2013)
- "이주아동권리보장기본법 제정 공청회 자료집, 국회인권포럼 등", ~ (2014)
- "미등록이주아동의 기본권 실태와 개선방안 토론회 자료집, 국회인권포럼", ~ (2013)